Brian Kelly files suit against LSU amid $54 million buyout dispute, full details

On3 has obtained a copy of the suit filed against LSU’s board of supervisors by Brian Kelly. Kelly’s complaint says LSU is arguing it did not “formally terminate” him as head coach.

Filed on Monday in the 19th Judicial District for the Parish of East Baton Rouge, Louisiana, the 48-page complaint outlines that LSU is working to fire Kelly “for cause” and avoid paying his $54 million buyout.

According to the suit, LSU held a call with Kelly on Monday, stating it believes it has the grounds for firing “for cause.” ESPN first reported Kelly had filed a lawsuit against his former employer.

“LSU’s representatives had a call with Coach Kelly’s representatives, where LSU took the position that Coach Kelly had not been formally terminated and informed Coach Kelly’s representatives, for the very first time, that LSU believed grounds for termination for cause existed,” the complaint states.

LSU fired Kelly on Oct. 26, the day after an embarrassing 49-25 home loss to Texas A&M. In LSU’s announcement that it had fired Kelly, athletic director Scott Woodward cited that the move was made for the Tigers’ on-field performance. Woodward has since been fired.

Kelly’s attorneys are seeking a declaratory judgment to confirm that Kelly was fired without cause and is entitled to “full liquidated damages provided for in (his contract).” If LSU can prove his dismissal “for cause,” the institution would not owe the buyout.

According to the filing, LSU has worked to settle with Kelly multiple times since he was fired. That includes offers of $25 million and $30 million. The $30 million payment would have been made in two installments and eliminated the duty to mitigate clause.

Brian Kelly’s lawsuit also alleges that LSU told Kelly’s reps on Monday that Woodward did not have “the authority to terminate Coach Kelly and/or make settlement offers to him” in October.

The lawsuit also included communications from Kelly’s legal representatives to LSU representatives alleging that Kelly was told someone from Gov. Jeff Landry’s office would be reaching out to Kelly to discuss the terms of his buyout. Landry made headlines for his comments in a press conference that Woodward would not be involved in the hiring of LSU’s next head coach, while calling the buyout a “$53 million liability.”