Judge allows Pat Fitzgerald's $130 million lawsuit against Northwestern to proceed
CHICAGO (CBS) -- A Cook County judge on Tuesday denied Northwestern University's motion to dismiss former football coach Pat Fitzgerald's $130 million lawsuit, in which he claims he was wrongly fired over the program's hazing scandal.
Judge Daniel Kubasiak ruled Fitzgerald has presented a strong enough case to proceed with a trial on his claims against Northwestern – including breach of contract, defamation, and intentional infliction of emotional distress.
Fitzgerald had sought to move up his trial to December, saying he can't get another major job until he puts a hazing scandal behind him, but Kubasiak declined that request, keeping the trial scheduled for April 2025.
In accusing the school of wrongly firing him, Fitzgerald's attorneys also have downplayed the football program's hazing scandal, calling into question the motives of the initial whistleblower, and adding the university president violated a verbal contract that would have limited Fitzgerald's punishment to a two-week suspension.
Indeed, attorney Dan Webb has called into question whether hazing occurred at all.
"Was there any real hazing at Northwestern?" Webb said. "I doubt it."
Several former football players have filed lawsuits against Northwestern since Fitzgerald was fired, accusing the university of negligence for failing to prevent acts of sexual abuse, racism, and other dehumanizing acts of hazing.
Attorneys for those former players have said coaches at Northwestern had significant opportunities to understand and stop the hazing practices, witnessed incidents of hazing, and in some cases were victims themselves.
Northwestern fired Fitzgerald last July, after releasing an executive summary of an external investigation that found evidence to corroborate a whistleblower's claims of hazing. The university has not released the investigator's report.
Fitzgerald, who led Northwestern for 17 seasons and was a star linebacker for the Wildcats in the mid-1990s, has maintained he had no knowledge of the hazing.
The breakdown of the $130 million Fitzgerald's attorneys are seeking in damages is $68 million for eight years remaining on a contract, and $62 million for lost future employment. Attorneys are also looking for millions more in punitive damages.
A university spokesman said Northwestern is confident it acted appropriately by firing Fitzgerald.
"We will vigorously defend our position in court," Northwestern spokesman Jon Yates said in a statement.