Giuliani’s suit against Duke hits snag
Wednesday, May 20, 2009
Andrew Giuliani’s lawsuit against Duke University has been recommended by a federal magistrate for dismissal.
Giuliani, a former Duke golfer, sued the school and former coach O.D. Vincent last year in U.S. District Court in North Carolina, alleging wrongful dismissal from the team.
Magistrate Judge Wallace W. Dixon filed an opinion, siding with Duke in its bid for a judgment against Giuliani. A copy of the opinion was posted Wednesday to the Web site Thesmokinggun.com.
Giuliani, 23, the son of former New York Mayor Rudy Giuliani, graduated this spring from Duke. He is playing as a professional and recently advanced in a U.S. Open local qualifier.
In early 2008, Giuliani was dropped from Duke’s team by Vincent, who since has left Duke and returned to the University of Washington, his alma mater, as an athletic administrator. Giuliani contends that he was dismissed without cause. Despite being a nonscholarship player, Giuliani contends that he was recruited by the late coach Rod Myers and was assured a spot on the team. By being dismissed from the team, allegedly without cause, Giuliani contended that his contract with Duke had been breached.
Vincent countered by listing what he said were numerous incidents of insubordination by Giuliani, violations of team rules and intolerable on-course behavior.
When the dispute moved into the courts, the Giuliani family name heightened media scrutiny.
Dixon, the magistrate, wrote in his recommendation for dismissal that Giuliani “has failed to establish a breach of contract claim.’’
If the magistrate’s recommendation is adopted by a U.S. District Court judge, the case would be dismissed.