Jerry Falwell Jr.’s federal lawsuit seeking $8.6 million from Liberty University Inc. should be dismissed in favor of state court litigation accusing him of scheming to boost his compensation before news of a sex scandal broke, the school argued.
Falwell’s potential entitlement to benefits under a supplemental executive retirement plan is being litigated in Virginia state court and can’t be raised in a separate and later-filed federal action, Liberty said in a motion to dismiss filed Tuesday in the US District Court for the Western District of Virginia.