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The Commonwealth defaults

The Commonwealth of Virginia has defaulted on a lawsuit.

You read that right. The commonwealth, along with James Madison University, has defaulted on a tortious interference case in New York. We’ll know next week how much it’s going to cost you and me.

Here’s what happened: A guy named Matthew Brady was the men’s basketball coach at Marist College in Dutchess County, N.Y., for four years. He had a contract with Marist that ran through 2011.

He took a job with JMU. According to the lawsuit Marist filed, JMU and the commonwealth tortiously interfered with that contract. Also, Brady went after some of the kids he had recruited for Marist, which was an alleged breach of fiduciary duty to Marist, “intentionally induced” by JMU, according to the suit.

Procedurally, Marist filed in state court, the case was removed to federal court, where JMU and the commonwealth answered and filed number of pleadings to get the suit kicked. The suit was remanded to state court. Marist moved for default a few months after the suit was back in state court.

According to the Poughkeepsie Journal, on June 30, the court granted the default judgment motion against JMU and the commonwealth. The judge set a hearing for July 26 to determine damages. The opinion is available on the Journal’s site.

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