(06-12-2012 07:42 AM)Lonestar Lizard Wrote:  Sorry Boys and Girls, I don't think the BE will ever see one red cent of TCU's "exit" fee because the BE was not the same conference when TCU made it's exit as it was when TCU was invited. This along with the fact that we never played one single game as a conference member. This would be a very hard sell to any judge or jury, IMO.

Judge Judy says "Show me in the contract where it says anything about Syracuse and Pitt being Big East members."

Quote:You guys need to face facts, the BE is no longer a major player and it's influence has fallen rather sharply and will continue to fall as other members depart. There are some great schools in the BE but collectively you are now rather disfunctional to say the least.

All true, and all good reasons for TCU to have accepted the Big 12 invite, etc. And all irrelevant.

Dysfunctional, by the way. typo, probably. Err, Typo.

(06-11-2012 05:38 PM)NTMB Wrote:  Here's a link to the actual complaint filed... http://www.scribd.com/doc/96745660/1-Main

On the surface...seems cut and dried.

(06-12-2012 08:09 AM)johnbragg Wrote:  

(06-12-2012 07:42 AM)Lonestar Lizard Wrote:  Sorry Boys and Girls, I don't think the BE will ever see one red cent of TCU's "exit" fee because the BE was not the same conference when TCU made it's exit as it was when TCU was invited. This along with the fact that we never played one single game as a conference member. This would be a very hard sell to any judge or jury, IMO.

Judge Judy says "Show me in the contract where it says anything about Syracuse and Pitt being Big East members."

Quote:You guys need to face facts, the BE is no longer a major player and it's influence has fallen rather sharply and will continue to fall as other members depart. There are some great schools in the BE but collectively you are now rather disfunctional to say the least.

All true, and all good reasons for TCU to have accepted the Big 12 invite, etc. And all irrelevant.

Dysfunctional, by the way. typo, probably. Err, Typo.

Calling BE dysfunctional coming from a B12 school is hilarious. They should put the word DYSFUNCTIONAL next to the B12.

Love how these schools all turned scumbag gangster overnight. Unless BE was stupid enough to promise TCU the exact membership makeup of the conference when they signed up, TCU got no escape clause. It is like Sprint signed up to merge with ATT. ATT sold a division right before the merger and Sprint can all suddenly back out without any financial penalties? You signed the contract, you need to pay up. It is that simple.

(06-12-2012 09:22 AM)SF Husky Wrote:  

(06-12-2012 08:09 AM)johnbragg Wrote:  

(06-12-2012 07:42 AM)Lonestar Lizard Wrote:  Sorry Boys and Girls, I don't think the BE will ever see one red cent of TCU's "exit" fee because the BE was not the same conference when TCU made it's exit as it was when TCU was invited. This along with the fact that we never played one single game as a conference member. This would be a very hard sell to any judge or jury, IMO.

Judge Judy says "Show me in the contract where it says anything about Syracuse and Pitt being Big East members."

Quote:You guys need to face facts, the BE is no longer a major player and it's influence has fallen rather sharply and will continue to fall as other members depart. There are some great schools in the BE but collectively you are now rather disfunctional to say the least.

All true, and all good reasons for TCU to have accepted the Big 12 invite, etc. And all irrelevant.

Dysfunctional, by the way. typo, probably. Err, Typo.

Calling BE dysfunctional coming from a B12 school is hilarious. They should put the word DYSFUNCTIONAL next to the B12.

Good pt...as compared to the Big 12....Big East "almost" looks like a normal conf.

If the wording of the contract is as cut and dry like some have suggested, and if a judge still allows this to go to trial, we may as well just do away with contracts in this country. If all you have to do is sue to get out of them, then contracts are pretty much worthless. Everybody wants their cake and eat it, too, these days.

(06-12-2012 07:42 AM)Lonestar Lizard Wrote:  Sorry Boys and Girls, I don't think the BE will ever see one red cent of TCU's "exit" fee because the BE was not the same conference when TCU made it's exit as it was when TCU was invited. This along with the fact that we never played one single game as a conference member. This would be a very hard sell to any judge or jury, IMO.

You guys need to face facts, the BE is no longer a major player and it's influence has fallen rather sharply and will continue to fall as other members depart. There are some great schools in the BE but collectively you are now rather disfunctional to say the least.

Pay what you owe sleazebag.

Obviously trying to read between the lines, but read some thoughts that the BE is just setting things in motion should TCU not pay on July 1st (or actually the 2nd since the first is a Sunday). The filing of the suit was 21 days before the payment is due, which is exactly the amount of time TCU gets before responding to the suit. By filing early, it allows the BE to get things rolling right away rather than having to wait 21 days starting July 1st.

I don't know if it is as simple as the BE wanting to cover all its bases (since it has gotten pretty good at this sort of thing), or if has some indication that TCU is thinking about breaking the contract or trying to negotiate some sort of settlement, or sue themselves or whatever, but the timing of this seems to indicate they don't won't any delay should the 1st roll around and payment is not made. Also some thought that the BE is setting precedent for dealing with Pitt and Syracuse in terms on not giving any breaks to departing schools.

I get the sense from the official TCU comment that this was unexpected, suggesting that they aren't planning on not paying or reneging on the contract. I do wonder if they were considering asking for some sort of delay or something.

If TCU can stall the BE long enough then there probably won't be anyone left to pay anyway.

(06-12-2012 01:24 PM)Lonestar Lizard Wrote:  If TCU can stall the BE long enough then there probably won't be anyone left to pay anyway.

Yo, how much for an ounce of sticky and an 8 ball?

(06-12-2012 01:27 PM)NJRedMan Wrote:  

(06-12-2012 01:24 PM)Lonestar Lizard Wrote:  If TCU can stall the BE long enough then there probably won't be anyone left to pay anyway.

Yo, how much for an ounce of sticky and an 8 ball?

(06-12-2012 01:19 PM)Frog in the Kitchen Sink Wrote:  Obviously trying to read between the lines, but read some thoughts that the BE is just setting things in motion should TCU not pay on July 1st (or actually the 2nd since the first is a Sunday). The filing of the suit was 21 days before the payment is due, which is exactly the amount of time TCU gets before responding to the suit. By filing early, it allows the BE to get things rolling right away rather than having to wait 21 days starting July 1st.

I don't know if it is as simple as the BE wanting to cover all its bases (since it has gotten pretty good at this sort of thing), or if has some indication that TCU is thinking about breaking the contract or trying to negotiate some sort of settlement, or sue themselves or whatever, but the timing of this seems to indicate they don't won't any delay should the 1st roll around and payment is not made. Also some thought that the BE is setting precedent for dealing with Pitt and Syracuse in terms on not giving any breaks to departing schools.

I get the sense from the official TCU comment that this was unexpected, suggesting that they aren't planning on not paying or reneging on the contract. I do wonder if they were considering asking for some sort of delay or something.

Sounds like a logical possibility.

(06-12-2012 01:24 PM)Lonestar Lizard Wrote:  If TCU can stall the BE long enough then there probably won't be anyone left to pay anyway.

Why, is TCU planning to blow up all the schools in the BE? That's a lot of dynamite. Might be cheaper to just pay the $5M.

(06-12-2012 01:24 PM)Lonestar Lizard Wrote:  If TCU can stall the BE long enough then there probably won't be anyone left to pay anyway.

By the way, the horned frog is an amphibian not a lizard.

(06-12-2012 02:19 PM)NJRedMan Wrote:  

(06-12-2012 01:24 PM)Lonestar Lizard Wrote:  If TCU can stall the BE long enough then there probably won't be anyone left to pay anyway.

By the way, the horned frog is an amphibian not a lizard.

It actually is a lizard:

http://en.wikipedia.org/wiki/Texas_horned_lizard

Quote:The horned lizard is popularly called a "horned toad", "horny toad", or "horned frog", but it is neither a toad nor a frog. The popular names come from the lizard's rounded body and blunt snout, which give it a decidedly toad- or frog-like appearance. Phrynosoma literally means "toad-bodied," and cornutum means "horned". The lizard's horns are extensions of its cranium and contain true bone.

(06-12-2012 02:26 PM)Frog in the Kitchen Sink Wrote:  

(06-12-2012 02:19 PM)NJRedMan Wrote:  

(06-12-2012 01:24 PM)Lonestar Lizard Wrote:  If TCU can stall the BE long enough then there probably won't be anyone left to pay anyway.

By the way, the horned frog is an amphibian not a lizard.

It actually is a lizard:

http://en.wikipedia.org/wiki/Texas_horned_lizard

Quote:The horned lizard is popularly called a "horned toad", "horny toad", or "horned frog", but it is neither a toad nor a frog. The popular names come from the lizard's rounded body and blunt snout, which give it a decidedly toad- or frog-like appearance. Phrynosoma literally means "toad-bodied," and cornutum means "horned". The lizard's horns are extensions of its cranium and contain true bone.

http://www.honoluluzoo.org/horned_frogs.htm

(06-12-2012 02:45 PM)NJRedMan Wrote:  

(06-12-2012 02:26 PM)Frog in the Kitchen Sink Wrote:  

(06-12-2012 02:19 PM)NJRedMan Wrote:  

(06-12-2012 01:24 PM)Lonestar Lizard Wrote:  If TCU can stall the BE long enough then there probably won't be anyone left to pay anyway.

By the way, the horned frog is an amphibian not a lizard.

It actually is a lizard:

http://en.wikipedia.org/wiki/Texas_horned_lizard

Quote:The horned lizard is popularly called a "horned toad", "horny toad", or "horned frog", but it is neither a toad nor a frog. The popular names come from the lizard's rounded body and blunt snout, which give it a decidedly toad- or frog-like appearance. Phrynosoma literally means "toad-bodied," and cornutum means "horned". The lizard's horns are extensions of its cranium and contain true bone.

http://www.honoluluzoo.org/horned_frogs.htm

Our mascot is Phrynosoma cornutum, the Texas Horned Lizard.

(06-12-2012 02:48 PM)Frog in the Kitchen Sink Wrote:  

(06-12-2012 02:45 PM)NJRedMan Wrote:  

(06-12-2012 02:26 PM)Frog in the Kitchen Sink Wrote:  

(06-12-2012 02:19 PM)NJRedMan Wrote:  

(06-12-2012 01:24 PM)Lonestar Lizard Wrote:  If TCU can stall the BE long enough then there probably won't be anyone left to pay anyway.

By the way, the horned frog is an amphibian not a lizard.

It actually is a lizard:

http://en.wikipedia.org/wiki/Texas_horned_lizard

Quote:The horned lizard is popularly called a "horned toad", "horny toad", or "horned frog", but it is neither a toad nor a frog. The popular names come from the lizard's rounded body and blunt snout, which give it a decidedly toad- or frog-like appearance. Phrynosoma literally means "toad-bodied," and cornutum means "horned". The lizard's horns are extensions of its cranium and contain true bone.

http://www.honoluluzoo.org/horned_frogs.htm

Our mascot is Phrynosoma cornutum, the Texas Horned Lizard.

Then why not call yourselves the horned lizards, because that isn't a horned frog. Not trying to be a jerk but that makes no sense.

(06-11-2012 06:42 PM)brista21 Wrote:  

(06-11-2012 06:41 PM)mattsarz Wrote:  Hopefully whatever money is paid by TCU, if any, plus the settlement from WVU goes to the schools and not just the conference office. I believe it was Rutgers who lost a home game when both schools elected to go elsewhere and wanted to be compensated.

Pitt did as well and should also be compensated leaving or not.

This may be the rub. There may be more than 1 party that claims all or a part of the $5,000,000, and most people don't willingly pay a money debt more than once.

TCU might be well served to get a release signed not only by the BE office, but by all the institutions that were BE members when TCU joined, and all the institutions that have joined or contracted to join since then.


This is an unlikely but not impossible story line.

If everyone won't sign, interplead the money.

Turn the $5mm over to the registry of the court with TCU disclaiming ownership of it. Join the dozens of institutions that might have some claim to the money or to a part of it. Ask for a court order determining that TCU has paid up, and letting everyone else fight over the money while TCU goes about its business untroubled by the asylum inmates.

More likely story.

Lawyers in Fort Worth and Providence disagree on when the money is due. That could be settled by court-supervised alternative dispute resolution if not by motion for summary judgment.

I doubt the lawyers in Fort Worth are naive enough to actually believe the "It ain't the same Big East we were promised, it's less than what we thought we were getting and therefore we don't owe" is a winner, or at least not an easy winner.

Quote: . . .Also TCU had to pay MWC exit fee and Big East contract breach fee.

IIRC the Mountain West had no exit fee at the time TCU left.

(06-11-2012 07:11 PM)Bull Wrote:  This ought to be very simple. After they joined, it should be clearly stated at which point such an exit fee becomes engaged and mandatory by the contract. Regardless if they played a game or not. If it's clear and applies, than TCU are trying to worm their way out... (Gee, I wonder who started the 'signed contracts don't mean anything' BS?) However, if the wording is unclear, then give up BE and write a better contract next time. I expect since the suit was filed, it's the former. And if so, really really bad form, Frogs. Glad we got the Mustangs and Coogs instead!!!!

We're glad you got the Mustangs and Coogs instead, too.



The rest of your post begs the question it addresses.