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MEGA Conference Realignment and lawsuits Megathread(Its still personal)

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Ispyin said:
Why join? Let them pay all the bills and get the same result for you if they win

It’s going to get filed in Florida. They will win. It will get appealed to Florida Supreme Court where they will win. Then the real trial begins if it gets into the fed system on appeal
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They win ... it applies to THEM. We would have to re-try in another court in front of another judge. Join, simplify the the process and split the fees.
 
Rickd said:
They win ... it applies to THEM. We would have to re-try in another court in front of another judge. Join, simplify the the process and split the fees.
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Incorrect. If they get GOR invalidated and it doesn’t get overturned on appeal in fed after state (assuming they go to state court first) it’s conference wide. The GOR is either valid and enforceable to all members or invalid for all members at the end of it.

Just stop man.
 
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Shogungts said:
Serious question as I am certainly not a lawyer... if FSU wins, that would open the door for all teams in the ACC, right? I can't imagine they would be arguing that they specifically shouldn't be bound to it. So do we think that FSU would be more likely to win if Miami joined? If not, why not let FSU fight it out, save some money, save good will with the ACC (theoretically) if it fails and reap the rewards if they succeed.

I know that you will often see multiple states join lawsuits together, so maybe there is some legitimate reason to join, just curious for anyone that has better knowledge than me.
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Yes, if FSU challenges it and wins that opens the door. IF they win, (and this is a time that ALL Miami fans should root for FSPoo) the All Crap Conference is dead
 
Ispyin said:
Why join? Let them pay all the bills and get the same result for you if they win

It’s going to get filed in Florida. They will win. It will get appealed to Florida Supreme Court where they will win. Then the real trial begins if it gets into the fed system on appeal
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Uh, if it's in state courts only, it doesn't GET TO the fed system.

All of this depends on how the "opposing" side shapes up. If it's the ACC, they will file to remove the case to NC or federal courts (since the ACC docs and GOR are essentially executed in North Carolina). If ESPN is trying to defend the GOR (as the current owner of our rights), then they could argue for the case to be heard in Connecticut.

In any event, the case will EITHER be in state court OR federal court, but it won't be both.

And I think people misunderstand how appeals work. Appeals are not "round two" and "round three". A trial court is the finder of fact. On appeal, a trial court's findings of fact are entitled to great deference. On appeal, you can argue that the law was misapplied. If this case DID get heard in a Florida trial court, the first appeal would be to the DCA, and then to the Florida Supreme Court.

Notice I said "Miami should join this lawsuit". Assuming the case stays in Florida courts, there is nothing complicated or problematic about Miami joining as a second party requesting declaratory judgment. IF IF IF they case ends up in another state, or in federal court, then bring the entire roster of schools looking to exit.

I simply think that the BENEFITS of having more schools involved...far outweighs the time-value-of-money savings of NOT paying legal fees today, but then paying legal fees later.

Which we WILL have to do to avail ourselves of F$U's declaratory judgment. We will have to do SOMETHING. An F$U legal victory is not "The Emancipation Proclamation".
 
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Ispyin said:
Incorrect. If they get GOR invalid and it doesn’t get overturned it’s conference wide.

Just stop man. Out of your lane
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They have specific FSU reasons they are arguing. We would have to present OUR case and get the same ruling. In other threads on Warchant they referenced the timeline for FSU signing the GOR "we were the last to sign and we didn't want to ... then we were given certain assurances BY the ACC regarding the ESPN contract always being competitive with the other conferences". That is a claim that they are apparently making ... they were lied to in order to get them to sign the GOR.
 
TheOriginalCane said:
Uh, if it's in state courts only, it doesn't GET TO the fed system.

All of this depends on how the "opposing" side shapes up. If it's the ACC, they will file to remove the case to NC or federal courts (since the ACC docs and GOR are essentially executed in North Carolina). If ESPN is trying to defend the GOR (as the current owner of our rights), then they could argue for the case to be heard in Connecticut.

In any event, the case will EITHER be in state court OR federal court, but it won't be both.

And I think people misunderstand how appeals work. Appeals are not "round two" and "round three". A trial court is the finder of fact. On appeal, a trial court's findings of fact are entitled to great deference. On appeal, you can argue that the law was misapplied. If this case DID get heard in a Florida trial court, the first appeal would be to the DCA, and then to the Florida Supreme Court.

Notice I said "Miami should join this lawsuit". Assuming the case stays in Florida courts, there is nothing complicated or problematic about Miami joining as a second party requesting declaratory judgment. IF IF IF they case ends up in another state, or in federal court, then bring the entire roster of schools looking to exit.

I simply think that the BENEFITS of having more schools involved...far outweighs the time-value-of-money savings of NOT paying legal fees today, but then paying legal fees later.

Which we WILL have to do to avail ourselves of F$U's declaratory judgment. We will have to do SOMETHING. An F$U legal victory is not "The Emancipation Proclamation".
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Most likely won’t be able to be appealed to fed but there are certain times it can and I’m sure the acc or espn would try to find a constitutional based reason to do so
 
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The acc would have to remove the lawsuit to federal court initially and I don’t see how federal jurisdiction would apply given the choice of law provision and the venue being appropriate in FL.

It’s going to stay in FL state court for the entire appeals process.
 
Tony4Canes said:
Since I can't keep track, what's Big 12 up to now? How many would they take from ACC??
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Whole issue is ... even if FSU / Miami leave the ACC is still alive and has a $120M exit fee totally independent of the GOR issue which is media rights. Who is going to pay $120 million to leave the ACC to join the B12 which has a similar media payout? Right now 3 teams can leave the ACC with no impact on the ESPN contract. If 4 leave the ACC would need to add one to keep the "composition clause" from being enacted (my understanding). Even with NO GOR issue it only makes sense to leave for more $$$ and that is B10 or SEC and they APPARENTLY will only take 4 teams (if that at present).
 
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Rickd said:
They have specific FSU reasons they are arguing. We would have to present OUR case and get the same ruling. In other threads on Warchant they referenced the timeline for FSU signing the GOR "we were the last to sign and we didn't want to ... then we were given certain assurances BY the ACC regarding the ESPN contract always being competitive with the other conferences". That is a claim that they are apparently making ... they were lied to in order to get them to sign the GOR.
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Completely disagree. If they were lied to everyone was

They are not going to only be the ones out of a GOR based on whatever they say. All schools got same basic information.
 
Ispyin said:
Most likely won’t be able to be appealed to fed but there are certain times it can and I’m sure the acc or espn would try to find a constitutional based reason to do so
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This isn’t true. If a lawsuit starts in Florida state courts, it stays there unless removed at the trial court level.

The us Supreme Court can’t intervene on a FL court matter.
 
thesentinel said:
This isn’t true. If a lawsuit starts in Florida state courts, it stays there unless removed at the trial court level.

The us Supreme Court can’t intervene on a FL court matter.
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If it’s all state yes correct. All I am saying is that you can’t preclude somebody like espn doing a desperate attempt to get it appealed federally based off of some bull**** constitutional reason that they drum up. I am not saying they would be successful.
 
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