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MEGA Conference Realignment and lawsuits Megathread: Stories, Tales, Lies, and Exaggerations

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scane said:
ACC Network isn’t Nielsen rated so half our schedule “doesn’t count.” It’s too close to the holidays for me to do math, but I’d guess the 353K viewers for the Temple game on ESPN2 dragged down the number.

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the numbers from that site get us to 2.6M average, but it only has BC, Lou, FSU, UNC, Temple, and ATM. It has our 4 of our 5 biggest games, but also 2 stinkers. Id guess the 2.6M is a good estimate for the remaining games though (GT, NC State, Bethune, Clemson, etc...)
 
Hold My Beer said:
Just Wait Episode 4 GIF by Heels


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
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Whachu smoking? SEC is very cautious regarding expansion ... IF they took additional programs in the near future it would most likely be two max. Same for B10 and ND won't join as they are content with their new media contracts ... might PLAY more B10 games ... but no need to join ... now. For Miami's sake I hope Clemson / UNC join the SEC that leaves FSU / Miami for the B10.
 
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thesentinel said:
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.
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This is a weird one, and I am NOT saying I know all the answers, just having a conversation for purposes of discussion.

If you had a dispute centered on the ACC Constitution & Bylaws, the ACC could probably argue for litigation in NC.

If you had a dispute centered on the TV contract, ESPN could probably argue for litigation in CT.

BUT....the GOR is a unique beast...it is a four-pager that simply delegates certain rights to the ACC for purposes of entering into a SEPARATE agreement (the TV contract). I have long argued that the GOR is completely unncessary as a construct, and could easily be handled by language within the TV contract, but that's a separate story for a separate day.

So the argument would be...F$U speaking for itself, of course...that THEY delegated certain Florida-based rights, based on a flimsy document, and since that document is NOT the Constitution/Bylaws or the TV contract itself, that it "should" be litigated in Florida.

And I certainly hope F$U succeeds, I just wish that Miami was a party to the lawsuit.

Because then, we would have an IMMEDIATE answer that puts the two schools into the same timeframe for exit. We have no idea if any of the other schools could get similar relief on a similar timeframe.

We were ALL lied to. But we have to make that claim. Kinda reminds of...oh...an adidas "most favored nations" clause...that Beta Blake forgot to assert for a couple of years...

Sometimes, ya know, contracts don't execute themselves. Sometimes you have to assert your rights and demand that the contract be honored (or dishonored). It's not just magic.

Know your rights...all three of 'em...


 
Ispyin said:
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.
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BUT...you still have to assert your rights.

And an F$U "win" in Florida courts won't automatically self-execute in, say, North Carolina.
 
Ispyin said:
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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I understand. It's the old Chicago "ham sandwich" argument (in Chicago, you can get an indictment for a ham sandwich).

I just don't think it would survive a motion for summary judgment. Just my 2 cents.
 
Derrick Griffin said:
I've clicked on this thread a few times this year and you seem to be the most informed and most dedicated to providing information and details to the platform and for that I thank you. In saying that, most of what you say I can't comprehend. My question is about the end game here. Where do you see the University of Miami and when do you think that will happen? If you answered this recently, my apologies.
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It's all good. I try as hard as I can to make the legalistic stuff understandble for everyone. My apologies if I do not always succeed as much as I intend to.

I'll try to simplify, and if you have follow-up questions, fire away.

1. Being a member of a conference (the ACC) is governed by a document, such as the ACC Constitution. This document provides for entry/exit and the costs to do so. We are free to leave the ACC any time we want to, we merely give notice and pay the exit fee. This part is clear and simple.

2. Separately, there may also be media rights contracts and related agreements that add a layer of complexity. 100 years ago, these simply did not exist (OK, maybe a radio contract did). More recently, since the Supreme Court case in the early 1980s, conferences have become a mechanisim for contracting with TV networks and other media companies to create and broadcast content.

3. Finally, in recent decades, networks have ASKED FOR Grant of Rights agreements to negotiate TV contracts, but conferences have also MISUSED Grant of Rights agreements to create additional fear/monetary penalties IN ADDITION TO the exit fees in #1 above.

So to answer your SIMPLE question, the "end game" is to exit ALL of the legal entanglements of the ACC, not just #1 above, which is simple.

And to DO SO, we have to do a lot more than just pay our exit fee in #1 above. Meaning, we either need to pay the vague and MASSIVE damages for breaching the GOR...or else we need to challenge the GOR and try to get out of THAT deal with paying zero.

I have argued for Miami, hopefully with other schools, but on our own if necessary, to challenge the validity of the GOR. If you can break the GOR directly, then all you have to do is write the exit fee check, and you are home free.

BUT, until someone actually KNOWS how to get out of a GOR with certainty (either by paying penalties or challenging the validity), other conferences are HESITANT to even invite us, let alone accept us into the membership, without knowing if we even HAVE media rights to add to the new conference.

---I think Miami knows the ACC is dead-man-walking and DOES want to exit, presumably for the Big 10.
---I think Miami does NOT want to be sued, as we were when we left the Big East for the ACC.
---I think Miami is not certain enough of how to get out of the GOR (yet) to take the risk of challenging the GOR directly ON OUR OWN.
---I think Miami is interested in working with allies/frenemies, but F$U has been a lone wolf and nobody else seems to have the stones. For now.
---I think Miami was a natural ally with Clemson, but if reports are correct that Clemson does not have a guaranteed spot with either the SEC or Big 10, then it's entirely possible that they have cold feet now.

The "endgame" is to exit the ACC for another conference, presumably a P2 conference (Big 10/SEC). But no conference will engrave an invitation for us until the GOR issue is resolved, one way or another. TV networks could intervene as white knights to assist in an orderly reshuffling of rights. But thus far, nobody has really put anything on the line, nobody has truly risked anything.

So if we have to kill the GOR, that seems like the most direct path to freedom. And I'm down with that strategy.
 
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TheOriginalCane said:
BUT...you still have to assert your rights.

And an F$U "win" in Florida courts won't automatically self-execute in, say, North Carolina.
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Not saying Miami doesn’t have to do something at some point but once the first horse has left the barn it fundamentally changes it all and court may not even be necessary with the fallout implosion
 
TheOriginalCane said:
And I certainly hope F$U succeeds, I just wish that Miami was a party to the lawsuit.
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I think we've been tied at the hip with Notre Dame from the get-go during this stage of realignment.

UM's "laying low" and "being a good soldier" approach mirrors what we saw out of Oregon and Washington right up until they bolted for the B1G.

Somebody's gotta kick the door in, though, and it sure seems like it's gonna be fsu and Clemson and (perhaps third) North Carolina.

I wanted the SEC, but a Big Ten with MeCheatAgain, Taint, Pedo, the domers, SC, U-Dub and Oregon would be fantastic as well.

If we gotta go through the back door holding hands with the leprechauns to get there, so be it
 
Ispyin said:
Not saying Miami doesn’t have to do something at some point but once the first horse has left the barn it fundamentally changes it all and court may not even be necessary with the fallout implosion
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Look, I'm not going to argue.

The ACC will not implode if only one team leaves.

And any fundamental changes will take time and money and effort, it will not happen overnight.

We need to be the masters of our own destiny, and not try to piggyback on someone else's legal strategy to save a couple of dollars.
 
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Maybe Miami doesn't end up in either SEC or BIG10 and goes directly to eventual merged super conference?

Let's face it, SEC and BIG10 aren't surviving in present format (runts staying past 2030s) right??

Thoughts??
 
Empirical Cane said:
Maybe Miami doesn't end up in either SEC or BIG10 and goes directly to eventual merged super conference?

Let's face it, SEC and BIG10 aren't surviving in present format (runts staying past 2030s) right??

Thoughts??
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Thoughts are that Rad loves the ACC and we aren't going anywhere until 2030a.
 
Hold My Beer said:
I think we've been tied at the hip with Notre Dame from the get-go during this stage of realignment.

UM's "laying low" and "being a good soldier" approach mirrors what we saw out of Oregon and Washington right up until they bolted for the B1G.

Somebody's gotta kick the door in, though, and it sure seems like it's gonna be fsu and Clemson and (perhaps third) North Carolina.

I wanted the SEC, but a Big Ten with MeCheatAgain, Taint, Pedo, the domers, SC, U-Dub and Oregon would be fantastic as well.

If we gotta go through the back door holding hands with the leprechauns to get there, so be it
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I don’t care if it’s the sec or B1G just can’t be left in the ACC
 
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