MEGA Conference Realignment and lawsuits Megathread(Its still personal)

[Empirical Cane]

This is also an incredibly valid point.

Also, does "Department of the State of Florida entity" come into play?

 

[TheOriginalCane]

Also, does "State of Florida entity" come into play?

Officially? No.

But let's not pretend that doesn't have SOME bearing, assuming the case stays in either Florida STATE court or Florida FEDERAL court.

 

[thesentinel]

Also, does "Department of the State of Florida entity" come into play?

Florida abrogates sovereign immunity for contract claims but all of FSU's counts in their lawsuit are state law claims that the ACC's dec action don't really address directly. Venue is appropriate in FL since that's where the damages/breach/cause of action accrued and what laws should apply.

 

[Empirical Cane]

Florida abrogates sovereign immunity for contract claims but all of FSU's counts in their lawsuit are state law claims that the ACC's dec action don't really address directly. Venue is appropriate in FL since that's where the damages/breach/cause of action accrued and what laws should apply.

In English please and for the 5yr olds on the board.

 

[Felonious Monk]

Florida abrogates sovereign immunity for contract claims but all of FSU's counts in their lawsuit are state law claims that the ACC's dec action don't really address directly. Venue is appropriate in FL since that's where the damages/breach/cause of action accrued and what laws should apply.

 

[Felonious Monk]

Florida abrogates sovereign immunity for contract claims but all of FSU's counts in their lawsuit are state law claims that the ACC's dec action don't really address directly. Venue is appropriate in FL since that's where the damages/breach/cause of action accrued and what laws should apply.

Darn, you beat me to it.

 

[thesentinel]

In English please and for the 5yr olds on the board.

Ordinarily you can't sue a state at all unless they waive sovereign immunity. In cases where they waive it, you usually have to sue them in their own state courts and they have a bunch of other special rules regarding service, how much you can win, etc.

Most states waive sovereign immunity for contract claims involving the state or state entities.

FSU's lawsuit against the ACC is based on violations of state law, not federal, so the venue should be in Florida. the ACC's arguments that FSU consented to be sued anywhere probably don't hold water because even if they did, the lawsuit is about a breach of Florida's laws, not north carolinas.

 

[Ispyin]

first to file doctrine doesn't apply if the first filer did in bad faith... which the acc did. FSU is the injured party. ACC simply filed first knowing FSU had to have a public meeting before filing.

Not my monkey not my circus so I believe you and other official actual lawyers here (if you are)

 

[ssvir]

The by far biggest news out of all of this is that the ACC deal with ESPN is a ******* catastrophe. What the **** were we thinking when we signed onto it? ESPN has the right to unliterally cancel the deal starting in 2027, so adding SMU/Cal/Stanford was ******* pointless. There's not even any penalty or recourse available if ESPN cancels the deal in 2027!

@TheOriginalCane was onto something when he was talking about the GOR being extended without consideration from ESPN.

Irrelevant point b/c the ACC deal with ESPN is a sweetheart deal for ESPN.

 

[Ispyin]

The by far biggest news out of all of this is that the ACC deal with ESPN is a ******* catastrophe. What the **** were we thinking when we signed onto it? ESPN has the right to unliterally cancel the deal starting in 2027, so adding SMU/Cal/Stanford was ******* pointless. There's not even any penalty or recourse available if ESPN cancels the deal in 2027!

@TheOriginalCane was onto something when he was talking about the GOR being extended without consideration from ESPN.

Some people saying espn doesn’t have the unilateral right to cancel in 2027 because they have the “option” to extend as if there is any ******* difference- if they don’t extend their option it’s done - and schools got no real consideration for extending GOR to 2036.

The stupidity around this is amazing.

 

[thesentinel]

Irrelevant point b/c the ACC deal with ESPN is a sweetheart deal for ESPN.

It is right now. But if FSU wins or some clemson fan hits the powerball and buys them out, ESPN can just drop the whole conference.

Not a big deal for us since we can likely get in with the b1g/sec (or worst case big 12), but if you're wake or BC, you are ******* toast if any of the big brands escape the conference.

 

[TheOriginalCane]

Florida abrogates sovereign immunity for contract claims but all of FSU's counts in their lawsuit are state law claims that the ACC's dec action don't really address directly. Venue is appropriate in FL since that's where the damages/breach/cause of action accrued and what laws should apply.

To your first sentence, I thought that only applied to intentional breaches by a state entity. Since F$U is asking for a declaratory judgment that the contract is unenforceable (and not really breaching it YET), I think everything is kosher.

 

[calinative umstudent]

Some people saying espn doesn’t have the unilateral right to cancel in 2027 because they have the “option” to extend as if there is any ******* difference- if they don’t extend their option it’s done - and schools got no real consideration for extending GOR to 2036.

The stupidity around this is amazing.

So would that make the GOR only enforceable to 2027? Or because the GOR states till 2036, it’s either fully enforceable for the duration or not at all? Dont remember if there was originally a GOR until 2027, and it was just extended… been a min.

Even if the only thing that this lawsuit changed was made the GOR enforced until 2027 instead of 2036, that would be a MASSIVE win imo.

 

[Hurricane Warning]

Been saying this for a while and see no reason to change:

Canes and ND to the B1G

FSU, Clemson, UNC, NC State, UVA, VA Tech, Duke and Georgia Tech to the SEC

NC State, Duke, VT and GT are going nowhere

 

[Hurricane Warning]

So would that make the GOR only enforceable to 2027? Or because the GOR states till 2036, it’s either fully enforceable for the duration or not at all? Dont remember if there was originally a GOR until 2027, and it was just extended… been a min.

Even if the only thing that this lawsuit changed was made the GOR enforced until 2027 instead of 2036, that would be a MASSIVE win imo.

That’d be perfect because it’d give us more time to repair our brand before the SEC/B1G make decisions

 

[Ispyin]

So would that make the GOR only enforceable to 2027? Or because the GOR states till 2036, it’s either fully enforceable for the duration or not at all? Dont remember if there was originally a GOR until 2027, and it was just extended… been a min.

Even if the only thing that this lawsuit changed was made the GOR enforced until 2027 instead of 2036, that would be a MASSIVE win imo.

I think courts gonna have to decide it and actual Lawyer warriors can tear me apart, but a contract usually requires consideration on both sides, and it doesn’t seem like member institutions got consideration for the extended grants of rights from ESPN at a minimum, or potentially from the ACC as an entity Who may or may not have been transparent upon what they find out in discovery. Yes people can say FSU has buyers remorse, but if there was deception involved alongside the potential unenforceable penalty relative to damages aspect, all of this could blow up

 

[Ispyin]

Oh yes, the ACC members on the lower tier are scared

 

[Empirical Cane]

Ordinarily you can't sue a state at all unless they waive sovereign immunity. In cases where they waive it, you usually have to sue them in their own state courts and they have a bunch of other special rules regarding service, how much you can win, etc.

Most states waive sovereign immunity for contract claims involving the state or state entities.

FSU's lawsuit against the ACC is based on violations of state law, not federal, so the venue should be in Florida. the ACC's arguments that FSU consented to be sued anywhere probably don't hold water because even if they did, the lawsuit is about a breach of Florida's laws, not north carolinas.

Ok, so when does Judge Dredd arrive on his flying cycle and start dispensing righteous justice on these hoes?

I'm really here for the shooting and explosions.

 

[TooColdToHold]

Oh yes, the ACC members on the lower tier are scared

Rad statement incoming any minute now.

 

[Empirical Cane]

Oh yes, the ACC members on the lower tier are scared

Ok John, no one gives a ****.

I do feel compelled now, that I, the Empirical One, should also put out a press release concerning my thoughts on FSU's announcement this morning.

Hmmmmm