(01-29-2020 07:05 PM)Scoochpooch1 Wrote: (01-29-2020 05:20 PM)johnbragg Wrote: (01-29-2020 03:37 PM)Scoochpooch1 Wrote: (01-29-2020 12:50 PM)johnbragg Wrote: (01-29-2020 10:54 AM)bullet Wrote: That is a situation like the St. Louis Spirits. There was a purchase agreement, in that case a right to use the land.
Boise joining the MWC isn't a purchase agreement. Its more like a partnership. Partnerships can be ended. Forget the legal term, something like "specific performance" is rare in contract cases. They get monetary damages rather than compelling someone to complete the contract as written. And the monetary damages for Boise are minor or nonexistent at the end of each TV deal.
Boise's choices (assuming everyone keeps to their same position) are accept the deal in 6 years or leave. MWC's choices are to accept the Boise bonuses and separate TV negotiations or have Boise leave without penalty and with their share of conference assets. Both have choices, not just Boise.
You misstate the choices. I don't think the Mountain West can vote to end Boise's special status, short of voting to expel Boise State.
To be particular, they can vote to do so, but Boise STate will go to court and win. I'm pretty sure Boise State;s next move is to void the TV contracts the MWC just signed.
Or Boise will go to court and lose. 50/50 chance actually.
Boise STate and the Mountain West entered into a contract. If the Mountain West chooses to renege on that contract, they will lose in court.
(01-29-2020 04:51 PM)Attackcoog Wrote: (01-29-2020 01:23 PM)johnbragg Wrote: (01-29-2020 01:05 PM)quo vadis Wrote: I'm not sure how Boise can void the contract that involves the rest of the MW schools. They only have refusal power over their own separate contract.
This is true, the CBS deal is in good shape.
Depends. The CBS deal would almost certainly have a conference composition clause. I guarantee it is going to be triggered if Boise leaves.
I'm not talking about Boise leaving. I'm talking about Boise--in the rosiest of rosy scenarios--getting a court to rapidly declare:
1. The Mountain West did NOT get Boise's signature on the new media deals
2. This is a breach of the BSU-MWC re-entry agreement
3. The most obvious remedy for the breach is that the rights to BSU's home football games revert to BSU.
That eviscerates the Fox part of the MWC media package, justifying Fox backing out of the deal. Boise then shops their 6 home games a year directly to Fox (or ESPN)
(01-29-2020 04:56 PM)BruceMcF Wrote: (01-29-2020 12:50 PM)johnbragg Wrote: You misstate the choices. I don't think the Mountain West can vote to end Boise's special status, short of voting to expel Boise State.
To be particular, they can vote to do so, but Boise STate will go to court and win. I'm pretty sure Boise State;s next move is to void the TV contracts the MWC just signed.
And then what? Voiding that contract does not put money in Boise State's pocket. Indeed, no media deal, no bonus. Boise State may be able to spoil a deal it doesn't like, but it can't force a deal it prefers.
That is true. But being able to spoil a deal gives Boise STate leverage against the rest of the MWC, leverage that Boise tried to use to get their bonus increased in proportion to the new media contract.
MWC isn't reneging on the bonus. They just don't think it's proportional based as Boise does. And they don't think the contract is in perpetuity. You think a rational judge is going to believe that a Conference signed away their rights forever?
It’s no more perpetual than the typical membership agreement. Frankly, every school thats a member to a conference signs its TV rights away perpetually when it joins a conference. The only way they get them back is to leave. The length of the Boise TV deal with the MW is the EXACT same length as as the deal that governs the TV rights of every other school in the conference. The only difference is Boise's agreement has some additional clauses governing how the Boise's rights are handled. Essentially, the MW sweetened the normal equal revenue distribution TV deal for Boise in order to lure Boise back to the MW (and gain access to those TV right).
Therefor, the argument that the Boise “special deal” is perpetual is a poor excuse to for a breach since its no more (or less) perpetual than any other MW schools TV rights agreement.
Furthermore, the deal was just reopened and renegotiated less than 3 years ago. That’s hardly a lengthy period---and probably well short of time needed to consider any “perpetual deal" as having been "reasonably fulfilled".
Frankly, I dont think the MW has any illusions that they have a winning case in court. I think they just want the deal to end and have decided that any "worst case" scenarios presented by their lawyers represent an acceptable price to void the deal.
Here is what I think happens if Im right. "Anticipatory breach" requires that Boise, having been informed that the MW intends to breach the contract, are no longer bound by the contract terms, may avail themselves of the legal system, and must act to mitigate any damages. Moving to the AAC or going Indy likely are the two courses of action that mitigate the financial damage. The AAC currently has an opening---which may not be the case 6 years from now. Thus, time is a factor. I suspect that Boise will likely either
A) Reach a long term deal with the MW that increases their bonus (or gives Boise some other face saving concessions) and starts a clock on a defined end of the special deal/bonus.
OR
B) Boise and the MW go their separate ways. Boise uses the courts to get the right to immediately leave the MW with no exit fee or loss of earned revenue during their tenure in the conference. The MW will also be responsible for any entry fee Boise may owe to another conference (or conferences).
Thats the only two ways I see this playing out. I don't think the status quo is a long term option.