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Full Version: Huh, the BE is suing TCU?
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http://www.nj.com/rutgersfootball/index....for_b.html

I thought their exit was long settled? I guess not.
(06-11-2012 02:03 PM)justinslot Wrote: [ -> ]http://www.nj.com/rutgersfootball/index....for_b.html

I thought their exit was long settled? I guess not.

They never paid their exit fee.
It was Marinatto who let TCU go without pursuing their exit fees. I feel like this lawsuit will be hard since they never received any financial benefit of being in the Big East.

Personally, I think this is a stupid argument and this wouldn't be coming up if we had a real commish by now.
Well, why pay the exit fee up front? The precedent has been set that all you have to do is sue to get out of your contractual obligations. My guess is that they figure they can get the BE to settle for a lower amount than the $5M exit fee rather than tie it up in a drawn-out court case.
(06-11-2012 02:11 PM)Knightshift Wrote: [ -> ]Well, why pay the exit fee up front? The precedent has been set that all you have to do is sue to get out of your contractual obligations. My guess is that they figure they can get the BE to settle for a lower amount than the $5M exit fee rather than tie it up in a drawn-out court case.

Very true, but I am curious to see if things will be different without a commish. Will the Presidents push for a full court case and demand the full amount?
Wow - I thought TCU paid the $5M long ago

Certainly, UH, Boise etc. have contracts that say: if you don't join the league by July 1, 2013, you owe $5M (with some clauses reducing the buyout if this or that happens). Pretty sure TCU had the same clause.

If they do, then it's open and shut. A contract is a contract unless the court finds it to be ambiguous. Plus, the Big East can't let TCU slide without creating a waiver argument in favor of Boise, Houston, et al.

Most states have a 4-year statute of limitations on breach of contract. So the lawsuit was filed timely.

TCU will likely try and argue that the Big East breached its obligations by turning down the ESPN deal in May 2011, and by Syracuse/Pitt leaving for the ACC in September 2011.

The reality is that, none of that comes in unless the contract is ambiguous. Plus, in spite of all that, TCU was going to join the Big East anyway until the Big 12 came knocking.

I wonder if the statements from Neinas and Dodds disparaging the Big East played a role in the decision. The Big East might have played nice but for the Big 12 muckity mucks shatting on them in public.
(06-11-2012 02:10 PM)ArmoredUpKnight Wrote: [ -> ]It was Marinatto who let TCU go without pursuing their exit fees. I feel like this lawsuit will be hard since they never received any financial benefit of being in the Big East.

I'm not a lawyer, so I don't know the legal name, but there is a name for the reason the BE can sue them for damages.

Let's say I offer you my beach house for a week in the summer, at no charge. You buy non-refundable airplane tickets and book some non-refundable beach activities. A week before you're set to go, I say, "Ohhh... sorry, but I have people that want to rent it that week".

You could sue me over the airplane tickets and other stuff, because you booked those things assuming you were getting my house... even though you weren't going to pay me for it.
(06-11-2012 02:15 PM)ArmoredUpKnight Wrote: [ -> ]
(06-11-2012 02:11 PM)Knightshift Wrote: [ -> ]Well, why pay the exit fee up front? The precedent has been set that all you have to do is sue to get out of your contractual obligations. My guess is that they figure they can get the BE to settle for a lower amount than the $5M exit fee rather than tie it up in a drawn-out court case.

Very true, but I am curious to see if things will be different without a commish. Will the Presidents push for a full court case and demand the full amount?

I'm no lawyer, but I would think that if they let TCU off the hook with a lower amount, then any contract the Big East has with ANYONE isn't going to be worth the paper it's printed on. Why pay more when you can sue for less?
I suppose that someone will come across the suit papers and post them. Then at least the board will know Providence's side of the story.

I'm pretty sure that I remember Del Conte, the TCU Athletic Director, mentioning that the BE had been sent a check shortly after the Big XII invitation became official. Mebbe the conference thinks it has a claim for damages in addition to the $5mm exit fee, no?
My first thought is, why the long delay?
(06-11-2012 02:26 PM)froginaustin Wrote: [ -> ]I suppose that someone will come across the suit papers and post them. Then at least the board will know Providence's side of the story.

I'm pretty sure that I remember Del Conte, the TCU Athletic Director, mentioning that the BE had been sent a check shortly after the Big XII invitation became official. Mebbe the conference thinks it has a claim for damages in addition to the $5mm exit fee, no?

Maybe the check was not for the full amount? idk.
So, I guess the TCU AD pulled "the check is in the mail" scheme.
(06-11-2012 02:32 PM)Frog in the Kitchen Sink Wrote: [ -> ]My first thought is, why the long delay?

Mine was I thought they already determined it didn't apply yet.

http://www.bloomberg.com/news/2012-06-11...ccord.html
I am glad to see the BE grow a spine and star fighting back against these schools and leagues that have been taking advantage of them. I'd love to see them sue the B12 for tortiuos interference for WVU and settle on keeping an equal playoff share as the penalty.

http://www.sbnation.com/ncaa-football/20...c-lawsuits

Any attorneys on here can tell us if there is a case or not but I want to see the Big East not roll over and take all this from the other 5 leagues.
(06-11-2012 02:44 PM)MiddleTiger Wrote: [ -> ]I am glad to see the BE grow a spine and star fighting back against these schools and leagues that have been taking advantage of them. I'd love to see them sue the B12 for tortiuos interference for WVU and settle on keeping an equal playoff share as the penalty.

http://www.sbnation.com/ncaa-football/20...c-lawsuits

Any attorneys on here can tell us if there is a case or not but I want to see the Big East not roll over and take all this from the other 5 leagues.

Well, I would think the dicovery process in a TCU lawsuit would be an excellent place to begin gathering evidence for an even larger interference case against the Big12. My guess is that the Big 12 never allows the case to make it to discovery.
(06-11-2012 03:43 PM)attackfrog Wrote: [ -> ]
(06-11-2012 02:44 PM)MiddleTiger Wrote: [ -> ]I am glad to see the BE grow a spine and star fighting back against these schools and leagues that have been taking advantage of them. I'd love to see them sue the B12 for tortiuos interference for WVU and settle on keeping an equal playoff share as the penalty.

http://www.sbnation.com/ncaa-football/20...c-lawsuits

Any attorneys on here can tell us if there is a case or not but I want to see the Big East not roll over and take all this from the other 5 leagues.

Well, I would think the dicovery process in a TCU lawsuit would be an excellent place to begin gathering evidence for an even larger interference case against the Big12. My guess is that the Big 12 never allows the case to make it to discovery.

Should the MWC & CUSA go after the BE for raiding their conferences?
B12 inducing WVU to leave the BE early is certainly a cause for a huge lawsuit. ACC stealing Pitt/SU in the middle of the night right before BE negotiating a big TV deal is certainly a cause for a huge lawsuit, especially if ESPN is involved and the new BE TV deal is less than what ESPN just offered last year. In some ways, I wish BE would sue ESPN because I love to see what kind of "advice" ESPN gave to the ACC before they raided the BE. We can put BCU AD on the stand and I would like to see how truthfully he can be under oath.
(06-11-2012 04:31 PM)jml2010 Wrote: [ -> ]
(06-11-2012 03:43 PM)attackfrog Wrote: [ -> ]
(06-11-2012 02:44 PM)MiddleTiger Wrote: [ -> ]I am glad to see the BE grow a spine and star fighting back against these schools and leagues that have been taking advantage of them. I'd love to see them sue the B12 for tortiuos interference for WVU and settle on keeping an equal playoff share as the penalty.

http://www.sbnation.com/ncaa-football/20...c-lawsuits

Any attorneys on here can tell us if there is a case or not but I want to see the Big East not roll over and take all this from the other 5 leagues.

Well, I would think the dicovery process in a TCU lawsuit would be an excellent place to begin gathering evidence for an even larger interference case against the Big12. My guess is that the Big 12 never allows the case to make it to discovery.

Should the MWC & CUSA go after the BE for raiding their conferences?

Lawsuit says TCU never paid the exit fee needed, so they broke the rules and are being sued

The teams leaving CUSA and MWC followed all the necessary rules

Please try to keep up and pay attention and/or stop your lame attempt at trolling
(06-11-2012 02:19 PM)SublimeKnight Wrote: [ -> ]
(06-11-2012 02:10 PM)ArmoredUpKnight Wrote: [ -> ]It was Marinatto who let TCU go without pursuing their exit fees. I feel like this lawsuit will be hard since they never received any financial benefit of being in the Big East.

I'm not a lawyer, so I don't know the legal name, but there is a name for the reason the BE can sue them for damages.

Let's say I offer you my beach house for a week in the summer, at no charge. You buy non-refundable airplane tickets and book some non-refundable beach activities. A week before you're set to go, I say, "Ohhh... sorry, but I have people that want to rent it that week".

You could sue me over the airplane tickets and other stuff, because you booked those things assuming you were getting my house... even though you weren't going to pay me for it.

I assume the term you're looking for is detrimental reliance (sometimes referred to as quasi-contract)?
(06-11-2012 04:31 PM)jml2010 Wrote: [ -> ]
(06-11-2012 03:43 PM)attackfrog Wrote: [ -> ]
(06-11-2012 02:44 PM)MiddleTiger Wrote: [ -> ]I am glad to see the BE grow a spine and star fighting back against these schools and leagues that have been taking advantage of them. I'd love to see them sue the B12 for tortiuos interference for WVU and settle on keeping an equal playoff share as the penalty.

http://www.sbnation.com/ncaa-football/20...c-lawsuits

Any attorneys on here can tell us if there is a case or not but I want to see the Big East not roll over and take all this from the other 5 leagues.

Well, I would think the dicovery process in a TCU lawsuit would be an excellent place to begin gathering evidence for an even larger interference case against the Big12. My guess is that the Big 12 never allows the case to make it to discovery.

Should the MWC & CUSA go after the BE for raiding their conferences?

It really depends on who talked to who first. If the school contacts the conference, its not interference. If its the other way around, it may be interference. Thats why I say that the discovery process would be an excellent opporunity to find out if there is a case to be made.

Im pretty sure that Houston, SMU, UCF, and SDSU all contacted the Big East.,,,probably Boise too, though Im, less sure about that one. My guess is that SMU probably led the way for Boise---shady, but legal since SMU wasnt part of the Big East.
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