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Giuliani’s suit against Duke dismissed again

A federal judge dismissed former Duke golfer Andrew Giuliani’s breach of contract lawsuit against the University.

Giuliani, Trinity ’09, claimed in his suit that by suspending him indefinitely from the men’s golf team in Spring 2008 without cause, the University violated a contract with him as a student athlete.

U.S. District Judge William Osteen wrote in an order Tuesday that statements made to Giuliani during the recruitment process did not constitute a binding contract with the player, according to the memorandum opinion and order.

“The statement does not promise unconditional and unlimited opportunities to be on the golf team,” Osteen wrote. “Furthermore, even contractual athletic scholarships do not ensure a student’s right to play a sport but only constitute a promise by the university to provide the student with financial assistance in exchange for the student’s maintenance of athletic eligibility.”

Giuliani’s lawyers first filed his suit in July 2008, but the original judge, Wallace Dixon, recommended the suit be dismissed. Osteen accepted the case in June 2009.

The University said former head golf coach O.D. Vincent dismissed Giuliani because he damaged golf equipment and got into an altercation with a student.

“We are gratified the Court agreed that our coaches have the authority to dismiss a student athlete from an intercollegiate sports team in circumstances such as those present in this case,” Michael Schoenfeld, vice president for public affairs and government relations said in a statement Tuesday.


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