This is in regards to Rutgers.

U.S. District Judge Michael Shipp also ruled that the case should be transferred to the conference’s home state of Rhode Island.

Found this posted on the AAC board but it looks like these findings could also be applied to the Maryland ACC lawsuit.


Here is the link:

http://www.nj.com/news/index.ssf/2013/11...sland.html

More bad news for Maryland.

Rutgers should just pay up. It's not like they are on the hook for 52 million.

Maryland will pay $20 million plus their court costs when this is over. They have precedents on their side in cases involving leaving members who have not voted for additional exit fees. Florida State could have as well, but has passed the time limitations established by precedent. All remaining ACC members would now have to pay 52 million because they did vote to accept it and because it has been more than a year since they did so. A year has been the rough equivalent of reasonable time for a program to leave when it did not accept new stipulations. Maryland will qualify but will be bound to the old exit fee of 20 million.

(11-03-2013 04:05 PM)JRsec Wrote:  Maryland will pay $20 million plus their court costs when this is over. They have precedents on their side in cases involving leaving members who have not voted for additional exit fees. Florida State could have as well, but has passed the time limitations established by precedent. All remaining ACC members would now have to pay 52 million because they did vote to accept it and because it has been more than a year since they did so. A year has been the rough equivalent of reasonable time for a program to leave when it did not accept new stipulations. Maryland will qualify but will be bound to the old exit fee of 20 million.

It is well over $52 million now.

(11-03-2013 04:05 PM)JRsec Wrote:  Maryland will pay $20 million plus their court costs when this is over. They have precedents on their side in cases involving leaving members who have not voted for additional exit fees. Florida State could have as well, but has passed the time limitations established by precedent. All remaining ACC members would now have to pay 52 million because they did vote to accept it and because it has been more than a year since they did so. A year has been the rough equivalent of reasonable time for a program to leave when it did not accept new stipulations. Maryland will qualify but will be bound to the old exit fee of 20 million.

What precedents would those be?

(11-03-2013 04:05 PM)JRsec Wrote:  Maryland will pay $20 million plus their court costs when this is over. They have precedents on their side in cases involving leaving members who have not voted for additional exit fees. Florida State could have as well, but has passed the time limitations established by precedent. All remaining ACC members would now have to pay 52 million because they did vote to accept it and because it has been more than a year since they did so. A year has been the rough equivalent of reasonable time for a program to leave when it did not accept new stipulations. Maryland will qualify but will be bound to the old exit fee of 20 million.

Maryland will end up paying AT LEAST $52M plus court costs in North Carolina and in Maryland.

Maryland didn't "officially" notify the ACC they were leaving until ~10 months after the new fee was voted in..

(11-03-2013 03:44 PM)jaminandjachin Wrote:  Rutgers should just pay up. It's not like they are on the hook for 52 million.

"Rutgers also wants reimbursement for lost revenue for a home football game against TCU that was canceled when TCU elected not to join the league."

http://online.wsj.com/article/APb8adb6c0...26ce5.html

(11-03-2013 04:17 PM)jaminandjachin Wrote:  

(11-03-2013 04:05 PM)JRsec Wrote:  Maryland will pay $20 million plus their court costs when this is over. They have precedents on their side in cases involving leaving members who have not voted for additional exit fees. Florida State could have as well, but has passed the time limitations established by precedent. All remaining ACC members would now have to pay 52 million because they did vote to accept it and because it has been more than a year since they did so. A year has been the rough equivalent of reasonable time for a program to leave when it did not accept new stipulations. Maryland will qualify but will be bound to the old exit fee of 20 million.

What precedents would those be?

Precedents established in all other sports transfers of either individuals or teams from one governing organization to another. In every case a reasonable time for departure is established (usually based upon a reasonable time to do so for the sport involved) an for team sports that
require rescheduling that time period in the past has been roughly a year give a little bit more.

At the time of the Maryland departure announcement this was all thoroughly covered by some legal posters on this site and on others. That is why so much speculation was centered upon F.S.U. at the time. Since they were the only other ACC school to vote against the increase they essentially had a year to make a decision to leave before the courts would have enforced the increase to $52 million. If you don't believe me look it up.

If the case of Maryland is forced to arbitration they might get out for a bit less since the ACC withheld payments. But I figure they will be fully liable for the 20 million that they had previously by vote agreed to, plus their court costs.

I doubt the courts will enforce an amount they did not vote to accept. There is no precedent for that either.

(11-03-2013 04:31 PM)XLance Wrote:  
Maryland will end up paying AT LEAST $52M plus court costs in North Carolina and in Maryland.

The ACC should have left it at a more defensible $20M. $52M is crazy money.

(11-03-2013 04:31 PM)XLance Wrote:  

(11-03-2013 04:05 PM)JRsec Wrote:  Maryland will pay $20 million plus their court costs when this is over. They have precedents on their side in cases involving leaving members who have not voted for additional exit fees. Florida State could have as well, but has passed the time limitations established by precedent. All remaining ACC members would now have to pay 52 million because they did vote to accept it and because it has been more than a year since they did so. A year has been the rough equivalent of reasonable time for a program to leave when it did not accept new stipulations. Maryland will qualify but will be bound to the old exit fee of 20 million.

Maryland will end up paying AT LEAST $52M plus court costs in North Carolina and in Maryland.

I like you XLance but you will be dead wrong on this one. Emoticons or not.

(11-03-2013 04:35 PM)Wolfman Wrote:  Maryland didn't "officially" notify the ACC they were leaving until ~10 months after the new fee was voted in..

Maryland didn't have anywhere to go. It's pretty important to have a solid landing spot before leaving or Maryland loses all its negotiating leverage. Unless the court thinks it's unreasonable for a large public institution to be relatively prudent and deliberate when making such a move, then I doubt the minimal passage of time would be an issue. This isn't like switching Internet providers.

(11-03-2013 04:43 PM)JRsec Wrote:  

(11-03-2013 04:17 PM)jaminandjachin Wrote:  

(11-03-2013 04:05 PM)JRsec Wrote:  Maryland will pay $20 million plus their court costs when this is over. They have precedents on their side in cases involving leaving members who have not voted for additional exit fees. Florida State could have as well, but has passed the time limitations established by precedent. All remaining ACC members would now have to pay 52 million because they did vote to accept it and because it has been more than a year since they did so. A year has been the rough equivalent of reasonable time for a program to leave when it did not accept new stipulations. Maryland will qualify but will be bound to the old exit fee of 20 million.

What precedents would those be?

Precedents established in all other sports transfers of either individuals or teams from one governing organization to another. In every case a reasonable time for departure is established (usually based upon a reasonable time to do so for the sport involved) an for team sports that
require rescheduling that time period in the past has been roughly a year give a little bit more.

At the time of the Maryland departure announcement this was all thoroughly covered by some legal posters on this site and on others. That is why so much speculation was centered upon F.S.U. at the time. Since they were the only other ACC school to vote against the increase they essentially had a year to make a decision to leave before the courts would have enforced the increase to $52 million. If you don't believe me look it up.

If the case of Maryland is forced to arbitration they might get out for a bit less since the ACC withheld payments. But I figure they will be fully liable for the 20 million that they had previously by vote agreed to, plus their court costs.

I doubt the courts will enforce an amount they did not vote to accept. There is no precedent for that either.

Just because you voted against something doesn't mean you're not obligated to abide by it. ACC by laws state the rules go into affect if the majority of the schools vote for it, not if it's unanimous. You would have chaos if you allow a team to just dictate what they want to accept and not accept.

Well, I will just save my breath and wait and see how much money the court awards the ACC.

(11-03-2013 05:06 PM)Wilkie01 Wrote:  Well, I will just save my breath and wait and see how much money the court awards the ACC.

The ACC lawsuit against Maryland is not about seeking any certain "amount" so the courts won't award an amount. The ACC lawsuit is simply asking the courts if the conference members can create a constitution and bylaws that govern its members, and if so, are those bylaws enforceable.

That the ACC has certain bylaws regarding circumstance where a member wants to "exit" the conference is just a part of the whole.

(11-03-2013 04:47 PM)Attackcoog Wrote:  

(11-03-2013 04:35 PM)Wolfman Wrote:  Maryland didn't "officially" notify the ACC they were leaving until ~10 months after the new fee was voted in..

Maryland didn't have anywhere to go. It's pretty important to have a solid landing spot before leaving or Maryland loses all its negotiating leverage. Unless the court thinks it's unreasonable for a large public institution to be relatively prudent and deliberate when making such a move, then I doubt the minimal passage of time would be an issue. This isn't like switching Internet providers.

Maryland signed the B1G non disclosure agreement before the ACC raised the fee. They also "announced" their plan to join the B1G shortly after the ACC voted in the new exit fee. They just didn't officially notify the ACC for several months. Maryland already had a place to go. They were just negotiating travel expenses, etc.

It would be much appreciated if a link to the 15 pg ruling could be posted.

(11-03-2013 05:28 PM)Wolfman Wrote:  

(11-03-2013 04:47 PM)Attackcoog Wrote:  

(11-03-2013 04:35 PM)Wolfman Wrote:  Maryland didn't "officially" notify the ACC they were leaving until ~10 months after the new fee was voted in..

Maryland didn't have anywhere to go. It's pretty important to have a solid landing spot before leaving or Maryland loses all its negotiating leverage. Unless the court thinks it's unreasonable for a large public institution to be relatively prudent and deliberate when making such a move, then I doubt the minimal passage of time would be an issue. This isn't like switching Internet providers.

Maryland signed the B1G non disclosure agreement before the ACC raised the fee. They also "announced" their plan to join the B1G shortly after the ACC voted in the new exit fee. They just didn't officially notify the ACC for several months. Maryland already had a place to go. They were just negotiating travel expenses, etc.

Why would MD vote "for" the membership conditions of ND into the ACC? Seems like they would have had a stronger hand in their exit fee argument if they voted "against" twice. They could have voted against ND's entrance deal (not a full member) and also voted against the exit fee that was raised because of ND's entrance to the conference?
Remember, there were two different votes.

(11-03-2013 04:46 PM)JRsec Wrote:  

(11-03-2013 04:31 PM)XLance Wrote:  

(11-03-2013 04:05 PM)JRsec Wrote:  Maryland will pay $20 million plus their court costs when this is over. They have precedents on their side in cases involving leaving members who have not voted for additional exit fees. Florida State could have as well, but has passed the time limitations established by precedent. All remaining ACC members would now have to pay 52 million because they did vote to accept it and because it has been more than a year since they did so. A year has been the rough equivalent of reasonable time for a program to leave when it did not accept new stipulations. Maryland will qualify but will be bound to the old exit fee of 20 million.

Maryland will end up paying AT LEAST $52M plus court costs in North Carolina and in Maryland.

I like you XLance but you will be dead wrong on this one. Emoticons or not.

The ACC has the best "intellectual property" legal team in the Southeast. The same team faced a bank of federal lawyers and got that *******John Edwards out of his campaign finance troubles when everybody knew he was guilty as he was slimy. And to top it off, the same firm wrote the contract for the ACC.
The folks in Greensboro are very confident about the amount.