Josh Lambo’s lawsuit is dismissed, but it can be re-filed
Josh Lambo’s week has been a mixed bag, so far.
Lambo will kick for the first time since being cut by Jacksonville tonight at Lambeau Field. Earlier in the week, however, Lambo’s lawsuit against the Jaguars was dismissed.
But the civil action has been dismissed without prejudice, which means he can re-file it.
Via Mark Long of the Associated Press, a Florida judge threw out the case after finding that Lambo did not qualify for protection under the Florida Whistleblower Act. Lambo had sued under that law, claiming he’d been fired by the team after complaining about being kicked during practice by former head coach Urban Meyer.
The judge gave Lambo 21 days to re-file his case, citing one or more alternative legal theories. Lambo’s lawyer that she intends to file an amended complaint.
The team, whose motion to dismiss the original action was successful, will undoubtedly file another one -- especially since the Collective Bargaining Agreement generally requires all claims, gripes, and grievances to be pursued through the labor deal’s arbitration provisions.
Meyer allegedly kicked Lambo before a preseason game in August 2021, saying to him, “Hey dipshit, making your fucking kicks.” Lambo alleges that he told Meyer to never do that again. Meyer allegedly responded, “I’m the head ball coach, I’ll kick you whenever the fuck I want.”
Because the Jaguars argued that the original lawsuit failed to show that Meyer was acting within the scope of his employment or that his actions were ratified by the team, Lambo could seize on that position as a basis for targeting Meyer as the primary defendant, using the team’s argument as the basis for contending that Meyer doesn’t qualify for the arbitration provision of the CBA.
At a minimum, Meyer could be sued for assault. The damages likely would be minimal, absent sufficient proof that, for example, Lambo suffered significant emotional distress because of Meyer’s conduct.
Whether that or something else will be the new argument, Lambo’s lawyer has three weeks to put it all together.