Brian Kelly's lawsuit possibly could cost LSU more than his $54 million buyout. Here's why
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BATON ROUGE — Since Brian Kelly‘s firing on Oct. 26, LSU has attempted to reduce the buyout amount it is contractually owed to the former LSU football head coach.
According to a copy of Kelly’s lawsuit filed in court late Monday night, that The Daily Advertiser obtained Tuesday, if the coach’s suit against the university is successful, LSU will be on the hook for more than the original amount it’s obligated to pay him.
If the East Baton Rouge 19th Judicial Court grants Kelly and his representatives’ motion for a declaratory judgment that he was fired without cause, not only would LSU have to shell out $54,048,344 in buyout money to Kelly but also pay his attorneys’ fees, total costs of the suit and “further relief as the Court deems just and proper, including further equitable relief to enforce the requested declaratory judgment.”
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Kelly is owed 90% of his remaining base salary and supplemental compensation for being fired “without cause,” which that amounts comes out to roughly$54 million, a figure which includes an prorated amount of his retention bonus for him being employed as LSU’s football coach as of July 1, 2025 and his annual personal travel payment.
LSU would have to pay out that amount in equal, monthly installments through 2031.
Zach Greenwell, LSU’s chief communications officer, told The Daily Advertiser on Tuesday that the university had “no comment at this time” on the lawsuit.
When Kelly was fired in October, the school announced that negotiations of the buyout terms were ongoing. In an e-mail after the meeting between former LSU AD Scott Woodward, then deputy AD and now current AD Verge Ausberry, deputy AD Julie Cromer and LSU football general manager Austin Thomas that The Daily Advertiser obtained, Kelly expressed his openness to reach a settlement.
According to court records, Woodward offered Kelly a one-time payment of $25 million during that meeting and later that day, Cromer and LSU Chief Financial Offer Matt LaBorde upped the offer to $30 million that would’ve been paid out in two instalments.
Kelly rejected both offers, per the suit. And on Oct. 31, Kelly’s representatives reiterated that the coach remained “open to any additional offers that LSU would like to make to amend its liquidated damages payment obligations by accelerating payments and/or eliminating the mitigation and offset provisions (of the contract.).”
On Nov. 5. Kelly asked that LSU confirm in writing by Nov. 10 that it would honor its contractual obligations to pay him the $54 million buyout and once again stated he would listen to any buyout settlement offers, the filing says.
According to the lawsuit, LSU and Kelly’s representatives had a call on Nov. 10 where “for the very first time” LSU was contending that Kelly has not been formally terminated and it believed “ground for termination for cause existed.”
Kelly’s representatives disagreed with LSU’s new positions including “the idea that (Kelly) had somehow not been terminated, that then Athletics Director Woodward was not acting with authority (in a meeting attended by several LSU athletics officials, including [Ausberry]) and that there any grounds for termination with cause (or that LSU could manufacture any such grounds after his termination).”
If LSU can prove that Kelly was fired “for cause,” it would not have to give Kelly the full buyout, per his contract.
The for-cause termination clause if Kelly’s deal with LSU stipulates that the school can fire him for actions that constitute “moral turpitude,” “engaging in serious misconduct which either displays a continual, serious disrespect for the mission of LSU; being convicted of a felony,” “any crime involving gambling, drugs or alcohol” or “substantial rule violations” with the NCAA.
Per the suit, various LSU athletics administrators on multiple occasions stated that Kelly was fired “due to (the team’s) performance, not for cause” as well as the school would “honor the terms of the (contract) pertaining to termination without cause.”
On the day Kelly was fired, Woodward announced Kelly’s termination “citing performance-related reasons.”
The next day, Oct. 27, on a call, Ausberry and Cromer confirmed to Kelly’s representatives, who memorialized the discussion, that the university “intended to honor the terms of the agreement pertaining to termination without cause” per the lawsuit.
In a communication with Kelly’s representatives Nov. 1, Ausberry “did not rebut the fact that the termination was without cause. Ausberry instead merely stated that someone from the Board of Supervisors — as opposed to someone from (Louisiana Gov. Jeff Landry’s office) — would be reaching out to coach Kelly.”
“That was the only time I had a conversation with any of coach Kelly’s representatives,” Ausberry sent in the aforementioned e-mail to Kelly’s lawyers.
If LSU were to assert Kelly was fired “for-cause,” the school would’ve had to follow the legal process to do so that is laid on his contract. LSU would’ve been required to notify Kelly in writing before firing him and would have to provide Kelly with “seven calendar days from receipt of such notice to respond in writing and/or present documents of other written evidence to the Athletics Director.”
Kelly would be entitled to “make a written request for review to the (LSU president) and submit materials for consideration.” After that process, only the university president could make the “final decision to terminate coach Kelly for cause”
Kelly’s suit alleges that “LSU did not even attempt to satisfy any of these requirements” nor can it do it retroactively. Kelly’s representatives called any attempt from LSU to assert “for-cause” termination “entirely baseless.”
Cory Diaz covers the LSU Tigers for The Daily Advertiser as part of the USA TODAY Network. Follow his Tigers coverage on Twitter: @ByCoryDiaz. Got questions regarding LSU athletics? Send them to Cory Diaz at bdiaz@gannett.com.
This article originally appeared on Lafayette Daily Advertiser: Brian Kelly lawsuit could cost LSU more than $54 million buyout
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