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MD loses round in NC Court - ACC Exit Fee Battle
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lumberpack4 Offline
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MD loses round in NC Court - ACC Exit Fee Battle
http://bigstory.ap.org/article/nc-appeal...e-continue


No appeal allowed to NC Supreme Court due to unanimous appeals court ruling. Of course, anyone in NC with any connection to the legal system knew that was coming. 03-wink


The only question will be how does the ACC collect the amount between what it is garnishing and the final exit fee total. The ACC should be holding about $32 million in June of 2014, and according to the exit fee rules, MD will owe about $60-62 million. This part will be the real game.
(This post was last modified: 11-19-2013 10:30 AM by lumberpack4.)
11-19-2013 10:25 AM
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quo vadis Offline
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RE: MD loses round in NC Court - ACC Exit Fee Battle
(11-19-2013 10:25 AM)lumberpack4 Wrote:  http://bigstory.ap.org/article/nc-appeal...e-continue


No appeal allowed to NC Supreme Court due to unanimous appeals court ruling. Of course, anyone in NC with any connection to the legal system knew that was coming. 03-wink

Still not sure how an NC court can force Maryland to pay anything. Yes, if Maryland is owed ACC monies and those monies flow through ACC offices in NC, then the ACC can withhold those payments to Maryland, but if those withheld payments fall short of the $52m, how can the NC judicial system enforce its order that the state of Maryland pay anything else should Maryland choose to ignore the judgment?
11-19-2013 10:30 AM
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stever20 Online
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RE: MD loses round in NC Court - ACC Exit Fee Battle
yup not a damn thing the ACC can do about it come oh July 1. Come Sep 27, 2014, Maryland will be playing a Big Ten football game at Indiana. Period, end of story.
11-19-2013 10:34 AM
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lumberpack4 Offline
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RE: MD loses round in NC Court - ACC Exit Fee Battle
(11-19-2013 10:30 AM)quo vadis Wrote:  
(11-19-2013 10:25 AM)lumberpack4 Wrote:  http://bigstory.ap.org/article/nc-appeal...e-continue


No appeal allowed to NC Supreme Court due to unanimous appeals court ruling. Of course, anyone in NC with any connection to the legal system knew that was coming. 03-wink

Still not sure how an NC court can force Maryland to pay anything. Yes, if Maryland is owed ACC monies and those monies flow through ACC offices in NC, then the ACC can withhold those payments to Maryland, but if those withheld payments fall short of the $52m, how can the NC judicial system enforce its order that the state of Maryland pay anything else should Maryland choose to ignore the judgment?

Quo - the amount owed is some $60-62 million. The reporters are sloppy as usual. The 3X is based on distributions that will have been made in FY 2013/14 and that fiscal year ends on June 1, 2014 for the ACC. MD noticed the ACC in late June of 2013, so that's why they owe for the current fiscal year. They should have noticed the ACC on May 31 of 2012.

I've never understood MD legal strategy - it seems to be one designed to maximize their exposure in NC - I don't know if it's arrogance or stupidity. The difference to UM for waiting 20 days to notice the ACC is the distribution amount difference times 3 and in this case it's about $2 million for a net of $6 million - I don't understand.

Anyway, wiser folks who have chased such dead-beat entities indicated that the Maryland Legislature needs to pass a bill to pay the amount that will be owed beyond what we hold.

The only other option the ACC has is to attempt to attach MD's money at the source - the NCAA for basketball units and future basketball payments to the B10, and the Big 10 itself. I suppose the ACC could get a judgment that would allow the league to take possession of Maryland's property when it enters the State of Virginia and NC. That would be extreme.

VT and UM have a joint Veterinarian Med School, I suppose the ACC could get a judgment against UM's part in Blacksburg -- that's also extreme.
11-19-2013 10:39 AM
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RE: MD loses round in NC Court - ACC Exit Fee Battle
(11-19-2013 10:30 AM)quo vadis Wrote:  
(11-19-2013 10:25 AM)lumberpack4 Wrote:  http://bigstory.ap.org/article/nc-appeal...e-continue


No appeal allowed to NC Supreme Court due to unanimous appeals court ruling. Of course, anyone in NC with any connection to the legal system knew that was coming. 03-wink

Still not sure how an NC court can force Maryland to pay anything. Yes, if Maryland is owed ACC monies and those monies flow through ACC offices in NC, then the ACC can withhold those payments to Maryland, but if those withheld payments fall short of the $52m, how can the NC judicial system enforce its order that the state of Maryland pay anything else should Maryland choose to ignore the judgment?

Enforcement is going to be the issue. ACC would have collected about 32-35 million from Maryland, but how would they get the rest? If they have the courts freeze Maryland's transition to the B1G that means Louisville can't show up.
11-19-2013 10:40 AM
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jaminandjachin Offline
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RE: MD loses round in NC Court - ACC Exit Fee Battle
(11-19-2013 10:34 AM)stever20 Wrote:  yup not a damn thing the ACC can do about it come oh July 1. Come Sep 27, 2014, Maryland will be playing a Big Ten football game at Indiana. Period, end of story.

Either way, 30 plus million is still a lot of freakin money
11-19-2013 10:41 AM
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quo vadis Offline
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RE: MD loses round in NC Court - ACC Exit Fee Battle
(11-19-2013 10:40 AM)jaminandjachin Wrote:  
(11-19-2013 10:30 AM)quo vadis Wrote:  
(11-19-2013 10:25 AM)lumberpack4 Wrote:  http://bigstory.ap.org/article/nc-appeal...e-continue


No appeal allowed to NC Supreme Court due to unanimous appeals court ruling. Of course, anyone in NC with any connection to the legal system knew that was coming. 03-wink

Still not sure how an NC court can force Maryland to pay anything. Yes, if Maryland is owed ACC monies and those monies flow through ACC offices in NC, then the ACC can withhold those payments to Maryland, but if those withheld payments fall short of the $52m, how can the NC judicial system enforce its order that the state of Maryland pay anything else should Maryland choose to ignore the judgment?

Enforcement is going to be the issue. ACC would have collected about 32-35 million from Maryland, but how would they get the rest? If they have the courts freeze Maryland's transition to the B1G that means Louisville can't show up.

The only court that could freeze Maryland's transition to the B1G is a Maryland court. An NC court couldn't do that.
11-19-2013 10:43 AM
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lumberpack4 Offline
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RE: MD loses round in NC Court - ACC Exit Fee Battle
(11-19-2013 10:34 AM)stever20 Wrote:  yup not a damn thing the ACC can do about it come oh July 1. Come Sep 27, 2014, Maryland will be playing a Big Ten football game at Indiana. Period, end of story.

Don't bet on that. MD's refusal to pay a valid judgment might imperil their standing in the NCAA. Not saying it will because I have not read the rules, but you should never bet against the ACC's legal resources.
11-19-2013 10:44 AM
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lumberpack4 Offline
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RE: MD loses round in NC Court - ACC Exit Fee Battle
(11-19-2013 10:40 AM)jaminandjachin Wrote:  
(11-19-2013 10:30 AM)quo vadis Wrote:  
(11-19-2013 10:25 AM)lumberpack4 Wrote:  http://bigstory.ap.org/article/nc-appeal...e-continue


No appeal allowed to NC Supreme Court due to unanimous appeals court ruling. Of course, anyone in NC with any connection to the legal system knew that was coming. 03-wink

Still not sure how an NC court can force Maryland to pay anything. Yes, if Maryland is owed ACC monies and those monies flow through ACC offices in NC, then the ACC can withhold those payments to Maryland, but if those withheld payments fall short of the $52m, how can the NC judicial system enforce its order that the state of Maryland pay anything else should Maryland choose to ignore the judgment?

Enforcement is going to be the issue. ACC would have collected about 32-35 million from Maryland, but how would they get the rest? If they have the courts freeze Maryland's transition to the B1G that means Louisville can't show up.

Nothing about UM has an effect on Louisville. What would happen in that case is that UM is not released but has no ACC games scheduled.
11-19-2013 10:46 AM
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jaminandjachin Offline
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RE: MD loses round in NC Court - ACC Exit Fee Battle
(11-19-2013 10:43 AM)quo vadis Wrote:  
(11-19-2013 10:40 AM)jaminandjachin Wrote:  
(11-19-2013 10:30 AM)quo vadis Wrote:  
(11-19-2013 10:25 AM)lumberpack4 Wrote:  http://bigstory.ap.org/article/nc-appeal...e-continue


No appeal allowed to NC Supreme Court due to unanimous appeals court ruling. Of course, anyone in NC with any connection to the legal system knew that was coming. 03-wink

Still not sure how an NC court can force Maryland to pay anything. Yes, if Maryland is owed ACC monies and those monies flow through ACC offices in NC, then the ACC can withhold those payments to Maryland, but if those withheld payments fall short of the $52m, how can the NC judicial system enforce its order that the state of Maryland pay anything else should Maryland choose to ignore the judgment?

Enforcement is going to be the issue. ACC would have collected about 32-35 million from Maryland, but how would they get the rest? If they have the courts freeze Maryland's transition to the B1G that means Louisville can't show up.

The only court that could freeze Maryland's transition to the B1G is a Maryland court. An NC court couldn't do that.

Why not? Maryland is bound to the ACC which is headquartered in NC. Why couldn't the league have an injunction placed on Maryland? That's what the Big East did to West Virginia.
11-19-2013 10:46 AM
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RE: MD loses round in NC Court - ACC Exit Fee Battle
(11-19-2013 10:39 AM)lumberpack4 Wrote:  
(11-19-2013 10:30 AM)quo vadis Wrote:  
(11-19-2013 10:25 AM)lumberpack4 Wrote:  http://bigstory.ap.org/article/nc-appeal...e-continue


No appeal allowed to NC Supreme Court due to unanimous appeals court ruling. Of course, anyone in NC with any connection to the legal system knew that was coming. 03-wink

Still not sure how an NC court can force Maryland to pay anything. Yes, if Maryland is owed ACC monies and those monies flow through ACC offices in NC, then the ACC can withhold those payments to Maryland, but if those withheld payments fall short of the $52m, how can the NC judicial system enforce its order that the state of Maryland pay anything else should Maryland choose to ignore the judgment?

Quo - the amount owed is some $60-62 million. The reporters are sloppy as usual. The 3X is based on distributions that will have been made in FY 2013/14 and that fiscal year ends on June 1, 2014 for the ACC. MD noticed the ACC in late June of 2013, so that's why they owe for the current fiscal year. They should have noticed the ACC on May 31 of 2012.

I've never understood MD legal strategy - it seems to be one designed to maximize their exposure in NC - I don't know if it's arrogance or stupidity. The difference to UM for waiting 20 days to notice the ACC is the distribution amount difference times 3 and in this case it's about $2 million for a net of $6 million - I don't understand.

Anyway, wiser folks who have chased such dead-beat entities indicated that the Maryland Legislature needs to pass a bill to pay the amount that will be owed beyond what we hold.

The only other option the ACC has is to attempt to attach MD's money at the source - the NCAA for basketball units and future basketball payments to the B10, and the Big 10 itself. I suppose the ACC could get a judgment that would allow the league to take possession of Maryland's property when it enters the State of Virginia and NC. That would be extreme.

VT and UM have a joint Veterinarian Med School, I suppose the ACC could get a judgment against UM's part in Blacksburg -- that's also extreme.

The fiscal year is July 1-June 30. Maryland officially notified late June. So they're bound if so by last fiscal year.
11-19-2013 10:46 AM
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lumberpack4 Offline
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RE: MD loses round in NC Court - ACC Exit Fee Battle
(11-19-2013 10:43 AM)quo vadis Wrote:  
(11-19-2013 10:40 AM)jaminandjachin Wrote:  
(11-19-2013 10:30 AM)quo vadis Wrote:  
(11-19-2013 10:25 AM)lumberpack4 Wrote:  http://bigstory.ap.org/article/nc-appeal...e-continue


No appeal allowed to NC Supreme Court due to unanimous appeals court ruling. Of course, anyone in NC with any connection to the legal system knew that was coming. 03-wink

Still not sure how an NC court can force Maryland to pay anything. Yes, if Maryland is owed ACC monies and those monies flow through ACC offices in NC, then the ACC can withhold those payments to Maryland, but if those withheld payments fall short of the $52m, how can the NC judicial system enforce its order that the state of Maryland pay anything else should Maryland choose to ignore the judgment?

Enforcement is going to be the issue. ACC would have collected about 32-35 million from Maryland, but how would they get the rest? If they have the courts freeze Maryland's transition to the B1G that means Louisville can't show up.

The only court that could freeze Maryland's transition to the B1G is a Maryland court. An NC court couldn't do that.

The ACC will use the 4th circuit in Richmond for that.
11-19-2013 10:47 AM
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lumberpack4 Offline
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RE: MD loses round in NC Court - ACC Exit Fee Battle
(11-19-2013 10:46 AM)stever20 Wrote:  
(11-19-2013 10:39 AM)lumberpack4 Wrote:  
(11-19-2013 10:30 AM)quo vadis Wrote:  [quote='lumberpack4' pid='10030332' dateline='1384874741']
http://bigstory.ap.org/article/nc-appeal...e-continue


No appeal allowed to NC Supreme Court due to unanimous appeals court ruling. Of course, anyone in NC with any connection to the legal system knew that was coming. 03-wink

Still not sure how an NC court can force Maryland to pay anything. Yes, if Maryland is owed ACC monies and those monies flow through ACC offices in NC, then the ACC can withhold those payments to Maryland, but if those withheld payments fall short of the $52m, how can the NC judicial system enforce its order that the state of Maryland pay anything else should Maryland choose to ignore the judgment?

Quo - the amount owed is some $60-62 million. The reporters are sloppy as usual. The 3X is based on distributions that will have been made in FY 2013/14 and that fiscal year ends on June 1, 2014 for the ACC. MD noticed the ACC in late June of 2013, so that's why they owe for the current fiscal year. They should have noticed the ACC on May 31 of 2012.

I've never understood MD legal strategy - it seems to be one designed to maximize their exposure in NC - I don't know if it's arrogance or stupidity. The difference to UM for waiting 20 days to notice the ACC is the distribution amount difference times 3 and in this case it's about $2 million for a net of $6 million - I don't understand.

Anyway, wiser folks who have chased such dead-beat entities indicated that the Maryland Legislature needs to pass a bill to pay the amount that will be owed beyond what we hold.

The only other option the ACC has is to attempt to attach MD's money at the source - the NCAA for basketball units and future basketball payments to the B10, and the Big 10 itself. I suppose the ACC could get a judgment that would allow the league to take possession of Maryland's property when it enters the State of Virginia and NC. That would be extreme.

VT and UM have a joint Veterinarian Med School, I suppose the ACC could get a judgment against UM's part in Blacksburg -- that's also extreme.

The fiscal year is July 1-June 30. Maryland officially notified late June. So they're bound if so by last fiscal year.
[/quote

The ACC's fiscal distribution year ends on June 1 because University's are closing their books in June.
(This post was last modified: 11-19-2013 10:51 AM by lumberpack4.)
11-19-2013 10:48 AM
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jaminandjachin Offline
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RE: MD loses round in NC Court - ACC Exit Fee Battle
(11-19-2013 10:46 AM)lumberpack4 Wrote:  
(11-19-2013 10:40 AM)jaminandjachin Wrote:  
(11-19-2013 10:30 AM)quo vadis Wrote:  
(11-19-2013 10:25 AM)lumberpack4 Wrote:  http://bigstory.ap.org/article/nc-appeal...e-continue


No appeal allowed to NC Supreme Court due to unanimous appeals court ruling. Of course, anyone in NC with any connection to the legal system knew that was coming. 03-wink

Still not sure how an NC court can force Maryland to pay anything. Yes, if Maryland is owed ACC monies and those monies flow through ACC offices in NC, then the ACC can withhold those payments to Maryland, but if those withheld payments fall short of the $52m, how can the NC judicial system enforce its order that the state of Maryland pay anything else should Maryland choose to ignore the judgment?

Enforcement is going to be the issue. ACC would have collected about 32-35 million from Maryland, but how would they get the rest? If they have the courts freeze Maryland's transition to the B1G that means Louisville can't show up.

Nothing about UM has an effect on Louisville. What would happen in that case is that UM is not released but has no ACC games scheduled.

It doesn't but it does. You can't have a school like Maryland sitting around like that. It's just too messy and bad PR.
11-19-2013 10:49 AM
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RE: MD loses round in NC Court - ACC Exit Fee Battle
(11-19-2013 10:46 AM)jaminandjachin Wrote:  
(11-19-2013 10:43 AM)quo vadis Wrote:  
(11-19-2013 10:40 AM)jaminandjachin Wrote:  
(11-19-2013 10:30 AM)quo vadis Wrote:  
(11-19-2013 10:25 AM)lumberpack4 Wrote:  http://bigstory.ap.org/article/nc-appeal...e-continue


No appeal allowed to NC Supreme Court due to unanimous appeals court ruling. Of course, anyone in NC with any connection to the legal system knew that was coming. 03-wink

Still not sure how an NC court can force Maryland to pay anything. Yes, if Maryland is owed ACC monies and those monies flow through ACC offices in NC, then the ACC can withhold those payments to Maryland, but if those withheld payments fall short of the $52m, how can the NC judicial system enforce its order that the state of Maryland pay anything else should Maryland choose to ignore the judgment?

Enforcement is going to be the issue. ACC would have collected about 32-35 million from Maryland, but how would they get the rest? If they have the courts freeze Maryland's transition to the B1G that means Louisville can't show up.

The only court that could freeze Maryland's transition to the B1G is a Maryland court. An NC court couldn't do that.

Why not? Maryland is bound to the ACC which is headquartered in NC. Why couldn't the league have an injunction placed on Maryland? That's what the Big East did to West Virginia.

That's what the Big East tried to do, but to no avail.

End of the day, cooler heads will prevail.
11-19-2013 10:49 AM
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stever20 Online
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RE: MD loses round in NC Court - ACC Exit Fee Battle
(11-19-2013 10:48 AM)lumberpack4 Wrote:  
(11-19-2013 10:46 AM)stever20 Wrote:  
(11-19-2013 10:39 AM)lumberpack4 Wrote:  
(11-19-2013 10:30 AM)quo vadis Wrote:  
(11-19-2013 10:25 AM)lumberpack4 Wrote:  http://bigstory.ap.org/article/nc-appeal...e-continue


No appeal allowed to NC Supreme Court due to unanimous appeals court ruling. Of course, anyone in NC with any connection to the legal system knew that was coming. 03-wink

Still not sure how an NC court can force Maryland to pay anything. Yes, if Maryland is owed ACC monies and those monies flow through ACC offices in NC, then the ACC can withhold those payments to Maryland, but if those withheld payments fall short of the $52m, how can the NC judicial system enforce its order that the state of Maryland pay anything else should Maryland choose to ignore the judgment?

Quo - the amount owed is some $60-62 million. The reporters are sloppy as usual. The 3X is based on distributions that will have been made in FY 2013/14 and that fiscal year ends on June 1, 2014 for the ACC. MD noticed the ACC in late June of 2013, so that's why they owe for the current fiscal year. They should have noticed the ACC on May 31 of 2012.

I've never understood MD legal strategy - it seems to be one designed to maximize their exposure in NC - I don't know if it's arrogance or stupidity. The difference to UM for waiting 20 days to notice the ACC is the distribution amount difference times 3 and in this case it's about $2 million for a net of $6 million - I don't understand.

Anyway, wiser folks who have chased such dead-beat entities indicated that the Maryland Legislature needs to pass a bill to pay the amount that will be owed beyond what we hold.

The only other option the ACC has is to attempt to attach MD's money at the source - the NCAA for basketball units and future basketball payments to the B10, and the Big 10 itself. I suppose the ACC could get a judgment that would allow the league to take possession of Maryland's property when it enters the State of Virginia and NC. That would be extreme.

VT and UM have a joint Veterinarian Med School, I suppose the ACC could get a judgment against UM's part in Blacksburg -- that's also extreme.

The fiscal year is July 1-June 30. Maryland officially notified late June. So they're bound if so by last fiscal year.

No - the ACC fiscal year runs one month behind normal fiscal years.

look online.
http://www.usatoday.com/story/sports/nca...e/2366401/
The ACC's new tax return, provided by the conference in response to a request from USA TODAY Sports, also showed that for its fiscal year ending June 30, 2012, the ACC had $223.3 million in total revenue.

So sorry but you are wrong.
11-19-2013 10:52 AM
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lumberpack4 Offline
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RE: MD loses round in NC Court - ACC Exit Fee Battle
(11-19-2013 10:49 AM)stever20 Wrote:  
(11-19-2013 10:46 AM)jaminandjachin Wrote:  
(11-19-2013 10:43 AM)quo vadis Wrote:  
(11-19-2013 10:40 AM)jaminandjachin Wrote:  
(11-19-2013 10:30 AM)quo vadis Wrote:  Still not sure how an NC court can force Maryland to pay anything. Yes, if Maryland is owed ACC monies and those monies flow through ACC offices in NC, then the ACC can withhold those payments to Maryland, but if those withheld payments fall short of the $52m, how can the NC judicial system enforce its order that the state of Maryland pay anything else should Maryland choose to ignore the judgment?

Enforcement is going to be the issue. ACC would have collected about 32-35 million from Maryland, but how would they get the rest? If they have the courts freeze Maryland's transition to the B1G that means Louisville can't show up.

The only court that could freeze Maryland's transition to the B1G is a Maryland court. An NC court couldn't do that.

Why not? Maryland is bound to the ACC which is headquartered in NC. Why couldn't the league have an injunction placed on Maryland? That's what the Big East did to West Virginia.

That's what the Big East tried to do, but to no avail.

End of the day, cooler heads will prevail.

Steve - the ACC is a real organization - it's not like the old Big East which was just a fly by night operation.
11-19-2013 10:52 AM
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Post: #18
RE: MD loses round in NC Court - ACC Exit Fee Battle
(11-19-2013 10:52 AM)lumberpack4 Wrote:  
(11-19-2013 10:49 AM)stever20 Wrote:  
(11-19-2013 10:46 AM)jaminandjachin Wrote:  
(11-19-2013 10:43 AM)quo vadis Wrote:  
(11-19-2013 10:40 AM)jaminandjachin Wrote:  Enforcement is going to be the issue. ACC would have collected about 32-35 million from Maryland, but how would they get the rest? If they have the courts freeze Maryland's transition to the B1G that means Louisville can't show up.

The only court that could freeze Maryland's transition to the B1G is a Maryland court. An NC court couldn't do that.

Why not? Maryland is bound to the ACC which is headquartered in NC. Why couldn't the league have an injunction placed on Maryland? That's what the Big East did to West Virginia.

That's what the Big East tried to do, but to no avail.

End of the day, cooler heads will prevail.

Steve - the ACC is a real organization - it's not like the old Big East which was just a fly by night operation.

Oh here we go! The mighty and noble ACC...blah blah blah!
11-19-2013 10:53 AM
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RE: MD loses round in NC Court - ACC Exit Fee Battle
Awful lot of homer reading here.

They refused Maryland's effort to dismiss the lawsuit. That merely means the lawsuit continues. It says nothing about the outcome of the lawsuit. What Maryland requested was routine. And it routinely gets rejected.
11-19-2013 10:55 AM
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jaminandjachin Offline
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RE: MD loses round in NC Court - ACC Exit Fee Battle
(11-19-2013 10:49 AM)stever20 Wrote:  
(11-19-2013 10:46 AM)jaminandjachin Wrote:  
(11-19-2013 10:43 AM)quo vadis Wrote:  
(11-19-2013 10:40 AM)jaminandjachin Wrote:  
(11-19-2013 10:30 AM)quo vadis Wrote:  Still not sure how an NC court can force Maryland to pay anything. Yes, if Maryland is owed ACC monies and those monies flow through ACC offices in NC, then the ACC can withhold those payments to Maryland, but if those withheld payments fall short of the $52m, how can the NC judicial system enforce its order that the state of Maryland pay anything else should Maryland choose to ignore the judgment?

Enforcement is going to be the issue. ACC would have collected about 32-35 million from Maryland, but how would they get the rest? If they have the courts freeze Maryland's transition to the B1G that means Louisville can't show up.

The only court that could freeze Maryland's transition to the B1G is a Maryland court. An NC court couldn't do that.

Why not? Maryland is bound to the ACC which is headquartered in NC. Why couldn't the league have an injunction placed on Maryland? That's what the Big East did to West Virginia.

That's what the Big East tried to do, but to no avail.

End of the day, cooler heads will prevail.

Why didn't that work? They got WV to pay 20 million which is way more than anyone else who left the BE.
11-19-2013 10:55 AM
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