Andrew Giuliani, son of Rudy Giuliani, has gone to court to fight for his right to golf on teh Duke University team. He was recently thrown off the team with little notice or explanation by its coach, O.D. Vincent. The filing is based on a loose theory of contract, even though decisions of eligibility are generally viewed as matter of discretion for university staff.
If you recall, Rudy Giuliani attacked his opponents, particularly Fred Thompson, for being weak on tort reform and complained about frivolous lawsuits, for a video click here. He actively sought penalties for people who brought such lawsuit, including the adoption of the English rule forcing losers to pay the legal fees of the other party.
Andrew wants to be a pro-golfer and it does seem like this coach handled the matter poorly. The complaint says neither notice nor a reason was given. It cites some past objections that do seem quite minor, including allegations that the 22-year-old “flipped his putter a few feet to his golf bag;” “leaned on his driver and it broke;” and drove too rapidly out of the parking lot one day.
However, we are left with the question of whether there is a contractual obligation to only remove a player for only objectively reasonable grounds. Many judges would be concerned over a floodgate problem as well as the competency of courts to rule on such matters. A court-ordered Mulligan could invite endless litigation over team decisions by irate players.
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