Rick Pitino's lawsuit against Adidas was dismissed. So what's next?

Danielle Lerner | Courier Journal

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Rick Pitino's lawsuit against Adidas was dismissed Tuesday, but the former University of Louisville coach's legal battles are far from over.

The judge who dismissed the case did not rule on the factual claims made in the lawsuit, namely Pitino's claims of breach of contract and outrage and the allegation that Adidas deliberately damaged his reputation.

The judge instead suggested the case be decided in arbitration, a method of resolution conducted by a third party outside of the court system.

Pitino's attorney, Steve Pence, told the Courier Journal that whether or not the claim is subject to arbitration is up to the arbitrator.

"The arbitrator may say, 'No, this is not subject to arbitration,' in which case we'll bring it back (in court)," Pence said.

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The case was dismissed without prejudice, meaning Pitino is free to re-file the same claims. Whether the lawsuit is resolved in arbitration or brought back to court, "We will pursue this," Pence said.

Pence said he does not know who the arbitrator is and said arbitration will take place in Oregon if the case goes that route. Pence said Wednesday morning that he had not yet been in touch with Adidas' counsel and could not predict when arbitration discussions might commence.

An Adidas spokeswoman declined comment Wednesday, and attorneys representing the apparel company did not respond to multiple requests for comment.

Pitino is also a plaintiff in an ongoing lawsuit against the University of Louisville Athletic Association, claiming breach of contract and seeking $4.3 million a year in remaining compensation on his contract, which ran through June 2026.

The athletic association filed a countersuit against Pitino for damages allegedly caused by Pitino through the program's recent scandals.

Pence said the ULAA lawsuit is proceeding unaffected by the Adidas ruling.

The case is currently in the early stages of discovery, the process where each side can obtain evidence from the other through documents and interviews.

Pitino's legal team has taken depositions of former Louisville interim basketball coach David Padgett, athletic director Vince Tyra, compliance consultant Chuck Smrt and former basketball director of operations Michael Bowden.

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University of Louisville interim president Greg Postel is scheduled to be deposed Sept. 13. The parties have until Feb. 28, 2019 to conduct discovery.

Earlier this month, the ULAA released emails and text messages sent by Pitino. Attorneys for the ULAA argued that Pitino's text messages with former Louisville assistant Kenny Johnson, as well as travel basketball director Christian Dawkins and Adidas executive James Gatto, proved Pitino knew other schools were attempting to pay recruit Brian Bowen prior to the prospect's commitment to Louisville.

Pitino has denied all knowledge of a scheme uncovered by the FBI, in which representatives from apparel companies and others allegedly conspired to funnel money to families of basketball recruits in order to influence college choices.

Danielle Lerner: 502-582-4042; dlerner@courierjournal.com; Twitter: @Danielle_Lerner. Support strong local journalism by subscribing today: www.courier-journal.com/daniellel.