(02-13-2022 08:19 PM)Twon Wrote:  I think these posts are lack of information or a spread of misinformation.

If CUSA wants an injunction, It will happen. That doesn’t result in USM and Marshall leaving early with fee. They will have to stay to fulfill the contractual bylaws

Geez, talk about misinformation. A court is not simply going to rubberstamp an injunction because CUSA demands it. This isn't the South leaving the Union here, this is simply 3 non-profit entities getting out of a contract. No court is going to force them to stay together when a monetary figure of damages can be calculated due to the breech.

(02-13-2022 07:27 PM)theATLDawg Wrote:  

(02-13-2022 09:25 AM)nastybunch Wrote:  Seems some have forgotten this…
https://sports.yahoo.com/news/middle-ten...ncaaf.html

Once again, I wish all well.

That’s just proving everyone’s point. Benson negotiated a buyout. He didn’t have to. He took the money. He could have stopped it.

Nah, the point of that is to illustrate how the moral outrage about contracts being violated and other schools being betrayed is a pile of hooey dependent upon which direction the schools are moving.

It can certainly ask for one. In the past it has been granted but there is no guarantee of anything. It will most likely be a money settlement. But in the past court orders have forced teams to stay

(02-13-2022 01:07 AM)UNT15 Wrote:  I never thought I'd see the day where three fanbases were so excited about bolting for the Sun Belt. Heck, even Texas and OU are taking their time to get to the SEC.

Marshall and Southern Miss deserved better, and I'm happy for y'all guys since y'all seem to be happy.

As far as ODU - I've never seen an athletic program accomplish so little and yet their fans have an overly inflated sense of their worth. Good luck to the Sun Belt in 2024 and or 2028 when the next big thing happens and ODU decides to shut their football program down again. Remind me again how many college football players , coaches, and fans have died because they attended a "deadly" football game in 2020 and 2021?

If we've accomplished so little as an athletic dept (Besides being tied in football and completely smacking NT in basketball) why are you caring so much that we're leaving?
Our football program isn't going anywhere!
The 2020 season was cancelled and nearly every other program had to cancel half their games. No really sure what that has to do with us leaving early, but I guess you gotta fill your argument with something.

(02-13-2022 09:01 PM)theATLDawg Wrote:  It can certainly ask for one. In the past it has been granted but there is no guarantee of anything. It will most likely be a money settlement. But in the past court orders have forced teams to stay

There’s a case of that happening before?

(02-12-2022 07:50 PM)rileylives Wrote:  

(02-12-2022 07:46 PM)forphase1 Wrote:  I think folk are fooling themselves if they think this will cost the leaving schools tons of money. 1) there is no penalty in the bylaws about what is paid in a case like this so 2) damages will have to be proven by CUSA. When a contract is broken, absent the contract determining the penalty, the usual order is to put the parties into the same financial position as if the contract had not been broken. So CUSA is going to have to open the books and show what damages were caused, i.e. revenue lost, extra expenses incurred, etc, etc. The TV contract is crap, so even if the media partners say they are dropping the payments by X%, we still aren't talking much money. I doubt bowl payouts or anything else like that changes due to the early move.[b] In addition the 'pie' is being split 11 ways instead of 14, so the Sunbelt schools could argue the increased revenue per school should be used to calculate an offset against the damages.[/b] Marshall, ODU and Southern Miss will end up paying something for breaking the contract, and they certainly SHOULD pay something, as the remaining 11 should be made whole, so to speak. But for those who think we are talking millions of dollars for each leaving school, I'd be shocked if it comes to that. The damages caused by them leaving early just aren't great enough to justify that kind of a judgement.

All that said, it COULD depend on where the case is adjudicated. I do not know Texas contract law specifically and some states laws certainly do seek to punish the offender, the one who breaks the contracts. If Texas has such laws then my opinion above could change. :-)

Right here. The 11 schools remaining are going to get a more condensed pie, and when it's all said and done it's really probably a wash.

So what are we bickering about here again?

Not sure. Everyone binkering about how the SBC3 will pay millions forgot to read the by-laws lack there of part. They'll probably pay more in court fees.

“In the event that a member attempts to leave the Conference without fully complying with the notice of withdrawal requirements set forth above, the Conference shall be entitled to equitable relief without having to prove actual injury, irreparable or otherwise, including, but not limited to, an injunction requiring the member to comply fully with the notice of withdrawal requirements set forth above, to fulfill all of its obligations as a Conference member, and to remain in the Conference until the earliest permissible date upon which the member could have, under the circumstances, withdrawn with full and proper prior notice as required above. The members agree that any attempted withdrawal of a member without full compliance with the prior notice requirements set forth above would cause a disruption in the scheduling of competitions among the members for which there is no adequate remedy at law which would cause harm that would not in any respect be compensated by payment of a withdrawal fee”


USM, Marshall and ODU agree to this in 2015-2016.

The injunction can be filed and it will be granted. The right for the schools to negotiate or “bargain” a early exit doesn’t exist in the bylaws.

The problem with all these misinformed posters is that they are comparing bylaws from different conferences that happen over decade ago.

These bylaws were agree to in 2015 after the last major round of realignment.

Comparing a school canceling one game to three Universities leaving a athletic conference early is so ridiculous it is comical

And the reason there is no money value given in th bylaws is because if they put a number on it teams would just pay it and leave. It’s worse for you that there is no money value. It says you can’t leave unless Judy names her price and it’s debated in court. There is no money value because she doesn’t have to negotiate a written and signed contract. Benson most certainly could have stopped MT from leaving. He chose not to

(02-13-2022 05:36 PM)Twon Wrote:  

(02-13-2022 05:13 PM)chiefsfan Wrote:  

(02-13-2022 05:03 PM)Twon Wrote:  It seems pretty cut and dry to me. The bylaws state that a injunction can be issued and equitable relief will be sought.

West Virginia left early from the Big East and paid 20 million as early penalty fee on top of their exits fees

UConn paid 7 million to leave a G5 conference early.

I think the injunction will be sought and won.

CUSA did the right thing by not pulling any of conference tournaments, Stating their position publicly weeks ago. Theses schools decided on their own under no duress to leave 18 months early. CUSA has all the legal precedent and bylaws on their side. I don’t see this turning out well for the SB3

The world I live in if you breach a contract you pay dearly. If you decide to quit paying your mortgage earlier than the bank siezes your house and your credit is ruined. If you stop paying your car note earlier same thing.

Unfortunately, college football doesn't exist in the real world. The question of damages pertains to the perceived value of the 3 schools leaving to CUSA's Media Rights deals. Those 3 schools are probably smart enough to know that no one is going to value this even close to the same as UConn, given the CUSA rights deals are less than half.

The reality is, the 3 schools did this because CUSA Refused to negotiate. This was a tactic designed to force CUSA to sue and force the parties to actually talk.

Its a very similar tactic to what Arkansas State used when Miami canceled their football game in Jonesboro several years back. When they wouldn't negotiate a buyout, we sued, despite the optics because we knew they would be forced to counter sue and judges would force both parties to come to an agreement. In the end, we got a percentage of what the perceived value of the game was to Jonesboro.

Please point to where in the bylaws that states CUSA has to negotiate a early exit with schools leaving early?

The bylaws state a injunction can be issue.

There really is nothing to negotiate. CUSA stated their position that follows the contractual Bylaws. CUSA bylaws state a injunction can be issued and USM, Marshall and ODU agreed to these bylaws.

Louisville wanted to leave early from the Big East but had to stay because the Big East did not want to negotiate a early exit.

CUSA doesn’t have to negotiate a early exit. There is nothing in the bylaws about the schools having a right to negotiate a early.

It just doesn’t exist in the bylaws. CUSA is follow the bylaws and the SB3 are not plain and simple. Good luck in court!

you are wrong on several things and of course you contradict yourself

https://www.wvgazettemail.com/sports/wvu...00f5e.html

1. WVU paid a TOTAL of $20 million to leave early not an exit fee plus $20 million

2. WVU was able to leave early so Louisville would have been able to leave early if they wanted to and trying to say they could not when WVU was able to is just dumb

3. as stated in the article above Syracuse was also able to leave a year early and paid 50% more than the $5 million exit fee or a total of $7.5 million

so WVU paid a TOTAL of 4X the exit fee to leave immediately while Syracuse paid 50% more to leave a year early and there is nothing that indicates Louisville was not able to leave early IF THEY HAD WANTED TO....but they DID NOT WANT TO it was their choice

plus Louisville did not have a formal offer to join the ACC until Nov. of 2012 while the Big 12 NEEDED a member (two members actually, but TCU was settled) before Sept. 2012 and Louisville had been slow rolling the Big 12 on an answer so the Big 12 moved on

so based on what Syracuse paid for leaving one year early the SB3 will owe the CUSA an additional 2 piece thigh and breast with an extra biscuit in addition to the full bucket of chicken and 3 pints of sides called for in the contract

(02-13-2022 07:58 PM)ballantyneapp Wrote:  

(02-13-2022 05:53 PM)Side.Show.Joe Wrote:  

(02-13-2022 05:44 PM)CardinalBlackTrojan Wrote:  

(02-13-2022 05:02 PM)chiefsfan Wrote:  

(02-13-2022 04:51 PM)Side.Show.Joe Wrote:  When UNT was talking to the MWC's Thompson, Gill was also trying to make a case for UNT to return to the Sun Belt. It didn't go further then conversations, and those conversations weren't as serious as those we had with the MWC. But Gill wanted UNT back, and seemed to have the backing of enough SB presidents. I honestly think the fact that both were courting UNT helped sell Aresco on adding UNT to the AAC when they didn't need us.

Gill talked to the entire CUSA West sans UTEP from what I understand. It never took off because everyone with a pulse knew there would not be enough support from either side to make it happen. Tech didn't join in until real late though, after the AAC schools had left.

The SBC was at the time considering whether or not to expand to 12, 14, or 16 teams, and also looking at who the best available teams were. We talked to just about every possible option under the sun, even schools that we knew the votes would be hard to get.

So... the SBC didn't necessarily "want UNT back".

I had a feeling.

No. The SB didn't want UTEP. If the Belt didn't want UNT they wouldn't have called us. We didn't reach out to the Sun Belt.

Don't worry, we never entertained the thought of moving back to the Sun Belt. The MWC had our full attention until the AAC shocked us with the "Texas 3" invitation.

I know for a fact that UNT was only a plan C and lower option for the SBC. If the schools that joined were available and willing UNT was out. I have no doubt unt was doing the same but neither side “wanted” the other.

I've noticed over the years, that many UNT fans here seem to think that the world revolves around their school. Why they act that way, I can't figure out.

Fact is... UNT was not a first option for the SBC, and the SBC was not desired by UNT.

(02-13-2022 06:08 PM)Thegoldstandard Wrote:  

(02-13-2022 06:03 PM)BlueRaiderBoy Wrote:  

(02-13-2022 02:10 PM)Sideshow2313 Wrote:  

(02-13-2022 01:57 PM)mturn017 Wrote:  

(02-13-2022 01:41 PM)Sideshow2313 Wrote:  7 Million was the damages. Exit fee and damages are seperate.

Right. So the damages were 70% of the exit fee. Less not more as your previous post suggested.

Keyword is "separate" and NOT proportionate. CUSA exit fee will be a fraction of the damages CUSA will seek. CUSA will mop up, but it will not be 7 million. I am sure CUSA teams have been told to keep their receipts. Evidently will be paid by SBC3. That's without a penny in punitive damages which I am sure an arbiter will judge.

Bingo!!! The Remedy for "Breach of Contract" is always either Specific Performance or Damages. The departing SB3 have unilaterally chosen to leave prematurely thereby Breaching the Contract. Specific Performance cannot now happen. So. At some point, the SB3 are each gonna be paying CUSA some money. The exact Amount is yet TBD.

While some act like the damages are sec money, the real damages you and i could cover and still write checks the rest of the day. As we requested a couple months ago, tell us how much and we will move on.

I'd say the range in computing the damage award is somewhere between a dozen Starbucks coupons and about a million bucks per school Guess we will see.

The SB3 announced their early departure 3 days before the release of the football schedules. That is unprecedented as far as I can remember

This will undoubtedly work in CUSA favor with the SB3 causing scheduling duress to the other 11 member schools.

CUSA is playing the long game for once. They stated their position to follow the contractual bylaws, did not pull any conferences tournaments or prevent any of the SB3 from competing in any sports.

The SB3 case for cause to exit early is very weak at best. The SB3 better hope that CUSA doesn’t pursue an injunction for them to remain in Conference

(02-13-2022 07:05 PM)theATLDawg Wrote:  Just curious moderators. How does calling a team C’UNT not get you banned? I mean really.? Hello in there

Probably because we don't complain about it. While name calling is petty, it doesn't bother me in the least. I'd rather tolerate that then see this thread relegated to the smack board.

Now, if some are offended, I'd prefer the mods split the thread and move the offending posts into their own thread on the smack board. But, this is a timely and valid thread, so I hope some of the thin skinned posters don't derail it.

How were things handled back in 2012 when MTSU and FAU left the Sunbelt to join CUSA a year early? ?

(02-13-2022 06:18 PM)MUther Wrote:  It's funny that you all talk about us and how we whine and post here and you're sick of it and then say nothing about the start of this thread by another non-member of CUSA who is simply stuck here another year. It's all a bunch of hypocrisy and jealousy. The ones leaving next year are full of crap and would be gone right now if the AAC asked them to come, no matter what CUSA thought. And the ones staying are just running their *********** because they don't have a choice. Some of our fans said goodbye to CUSA. You know, fans that have zero control over what the schools and the conferences decided to do. And instead of just saying goodbye, y'all have to get last digs in on the very people that have no say in how this goes down.

Happy to get out of CUSA? Yes. Would not want another year of this bull****. Joe thinks he's clever, but we'll be gone and then guess where all the hostility will be pointed? You're up next. Tech fans are a miserable bunch with nothing to look forward to for pretty much eternity and they will start in on the AAC teams leaving once we're gone. Tep fans quickly found an ego after hiding out for a decade and they'll be running their mouths, too. Should be a lot of fun. No thanks. Good riddance. I'd mention FIU but they don't have any fans. At least we don't have to pay for the latter two anymore. Zero contributions to the prominence of CUSA and they think we owe them money. That's a laugh. All five of you and half the AAC schools should be paying USM and Marshall for keeping you on anyone's radar for the last decade and at least ODU has fans. You all can rot. And I hope you do.

PS Newsflash: None of you will receive a red cent for our early departure. Even if we end up paying something, it won't go to the schools. It will be absorbed by CUSA offices and they'll make something up about covering costs of scheduling or whatever. You'll get nothing and you stuck around for nothing. And your future holds nothing. Enjoy that. You've earned it. It's just karma for all the pettiness we've had to put up with from the country's worst fans in the country's worst conference, run by the country's biggest idiots.

I'm giving you points just because that is an impressive meltdown. Really +2 for you.

(02-13-2022 10:10 PM)BlueRaiderBoy Wrote:  

(02-13-2022 06:08 PM)Thegoldstandard Wrote:  

(02-13-2022 06:03 PM)BlueRaiderBoy Wrote:  

(02-13-2022 02:10 PM)Sideshow2313 Wrote:  

(02-13-2022 01:57 PM)mturn017 Wrote:  Right. So the damages were 70% of the exit fee. Less not more as your previous post suggested.

Keyword is "separate" and NOT proportionate. CUSA exit fee will be a fraction of the damages CUSA will seek. CUSA will mop up, but it will not be 7 million. I am sure CUSA teams have been told to keep their receipts. Evidently will be paid by SBC3. That's without a penny in punitive damages which I am sure an arbiter will judge.

Bingo!!! The Remedy for "Breach of Contract" is always either Specific Performance or Damages. The departing SB3 have unilaterally chosen to leave prematurely thereby Breaching the Contract. Specific Performance cannot now happen. So. At some point, the SB3 are each gonna be paying CUSA some money. The exact Amount is yet TBD.

While some act like the damages are sec money, the real damages you and i could cover and still write checks the rest of the day. As we requested a couple months ago, tell us how much and we will move on.

I'd say the range in computing the damage award is somewhere between a dozen Starbucks coupons and about a million bucks per school Guess we will see.

My money is on closer to the starbucks lol

(02-13-2022 06:25 PM)chiefsfan Wrote:  

(02-13-2022 05:36 PM)Twon Wrote:  

(02-13-2022 05:13 PM)chiefsfan Wrote:  

(02-13-2022 05:03 PM)Twon Wrote:  It seems pretty cut and dry to me. The bylaws state that a injunction can be issued and equitable relief will be sought.

West Virginia left early from the Big East and paid 20 million as early penalty fee on top of their exits fees

UConn paid 7 million to leave a G5 conference early.

I think the injunction will be sought and won.

CUSA did the right thing by not pulling any of conference tournaments, Stating their position publicly weeks ago. Theses schools decided on their own under no duress to leave 18 months early. CUSA has all the legal precedent and bylaws on their side. I don’t see this turning out well for the SB3

The world I live in if you breach a contract you pay dearly. If you decide to quit paying your mortgage earlier than the bank siezes your house and your credit is ruined. If you stop paying your car note earlier same thing.

Unfortunately, college football doesn't exist in the real world. The question of damages pertains to the perceived value of the 3 schools leaving to CUSA's Media Rights deals. Those 3 schools are probably smart enough to know that no one is going to value this even close to the same as UConn, given the CUSA rights deals are less than half.

The reality is, the 3 schools did this because CUSA Refused to negotiate. This was a tactic designed to force CUSA to sue and force the parties to actually talk.

Its a very similar tactic to what Arkansas State used when Miami canceled their football game in Jonesboro several years back. When they wouldn't negotiate a buyout, we sued, despite the optics because we knew they would be forced to counter sue and judges would force both parties to come to an agreement. In the end, we got a percentage of what the perceived value of the game was to Jonesboro.

Please point to where in the bylaws that states CUSA has to negotiate a early exit with schools leaving early?

The bylaws state a injunction can be issue.

There really is nothing to negotiate. CUSA stated their position that follows the contractual Bylaws. CUSA bylaws state a injunction can be issued and USM, Marshall and ODU agreed to these bylaws.

Louisville wanted to leave early from the Big East but had to stay because the Big East did not want to negotiate a early exit.

CUSA doesn’t have to negotiate a early exit. There is nothing in the bylaws about the schools having a right to negotiate a early.

It just doesn’t exist in the bylaws. CUSA is follow the bylaws and the SB3 are not plain and simple. Good luck in court!

That's quite an interesting take on contract law.

The Mudslinging that starts from both sides in the next few days will be fun to watch.

If they actually have legal standing to impose an injunction on the the departure of the SB3, I think C-USA might wait until closer to the schools' departure date... if the conference can get away with it.

(02-13-2022 09:58 PM)TodgeRodge Wrote:  

(02-13-2022 05:36 PM)Twon Wrote:  

(02-13-2022 05:13 PM)chiefsfan Wrote:  

(02-13-2022 05:03 PM)Twon Wrote:  It seems pretty cut and dry to me. The bylaws state that a injunction can be issued and equitable relief will be sought.

West Virginia left early from the Big East and paid 20 million as early penalty fee on top of their exits fees

UConn paid 7 million to leave a G5 conference early.

I think the injunction will be sought and won.

CUSA did the right thing by not pulling any of conference tournaments, Stating their position publicly weeks ago. Theses schools decided on their own under no duress to leave 18 months early. CUSA has all the legal precedent and bylaws on their side. I don’t see this turning out well for the SB3

The world I live in if you breach a contract you pay dearly. If you decide to quit paying your mortgage earlier than the bank siezes your house and your credit is ruined. If you stop paying your car note earlier same thing.

Unfortunately, college football doesn't exist in the real world. The question of damages pertains to the perceived value of the 3 schools leaving to CUSA's Media Rights deals. Those 3 schools are probably smart enough to know that no one is going to value this even close to the same as UConn, given the CUSA rights deals are less than half.

The reality is, the 3 schools did this because CUSA Refused to negotiate. This was a tactic designed to force CUSA to sue and force the parties to actually talk.

Its a very similar tactic to what Arkansas State used when Miami canceled their football game in Jonesboro several years back. When they wouldn't negotiate a buyout, we sued, despite the optics because we knew they would be forced to counter sue and judges would force both parties to come to an agreement. In the end, we got a percentage of what the perceived value of the game was to Jonesboro.

Please point to where in the bylaws that states CUSA has to negotiate a early exit with schools leaving early?

The bylaws state a injunction can be issue.

There really is nothing to negotiate. CUSA stated their position that follows the contractual Bylaws. CUSA bylaws state a injunction can be issued and USM, Marshall and ODU agreed to these bylaws.

Louisville wanted to leave early from the Big East but had to stay because the Big East did not want to negotiate a early exit.

CUSA doesn’t have to negotiate a early exit. There is nothing in the bylaws about the schools having a right to negotiate a early.

It just doesn’t exist in the bylaws. CUSA is follow the bylaws and the SB3 are not plain and simple. Good luck in court!

you are wrong on several things and of course you contradict yourself

https://www.wvgazettemail.com/sports/wvu...00f5e.html

1. WVU paid a TOTAL of $20 million to leave early not an exit fee plus $20 million

2. WVU was able to leave early so Louisville would have been able to leave early if they wanted to and trying to say they could not when WVU was able to is just dumb

3. as stated in the article above Syracuse was also able to leave a year early and paid 50% more than the $5 million exit fee or a total of $7.5 million

so WVU paid a TOTAL of 4X the exit fee to leave immediately while Syracuse paid 50% more to leave a year early and there is nothing that indicates Louisville was not able to leave early IF THEY HAD WANTED TO....but they DID NOT WANT TO it was their choice

plus Louisville did not have a formal offer to join the ACC until Nov. of 2012 while the Big 12 NEEDED a member (two members actually, but TCU was settled) before Sept. 2012 and Louisville had been slow rolling the Big 12 on an answer so the Big 12 moved on

so based on what Syracuse paid for leaving one year early the SB3 will owe the CUSA an additional 2 piece thigh and breast with an extra biscuit in addition to the full bucket of chicken and 3 pints of sides called for in the contract

Todge Louisiville saw how unfavorable the Courts were in the WVU decision and decided to stay. Undoubtedly it was a wise decision on Louisville part.

Same reason Texas and Oklahoma are not leaving early, Courts will always favor the signed contractual bylaws go against the breaching party.

Also WVU had to negotiate scheduling settlements with individual conference schools. That was on top of the 20 million exit fee.

WVU filed suit in Oct 10 months before expected departure.

The SB3 announced their early exit 3 days before conference schedules were to be release. Undoubtedly this will be a major advantage for CUSA injunction.

How were things handled back in 2012 when MTSU and FAU left the Sunbelt to join CUSA a year early? They negotiated and made it happen. The Sun Belt was left with 8 teams that year, but it still happened.

(02-13-2022 10:31 PM)Sosodude00 Wrote:  How were things handled back in 2012 when MTSU and FAU left the Sunbelt to join CUSA a year early? They negotiated and made it happen. The Sun Belt was left with 8 teams that year, but it still happened.

SSssshhhhhhh that doesn't fit the narrative