Hello There, Guest! (LoginRegister)

Post Reply 
Big 12's 99-Year Membership Clause: Would It Hold Up In Court?
Author Message
Stugray2 Offline
Heisman
*

Posts: 7,238
Joined: Jan 2017
Reputation: 686
I Root For: tOSU SJSU Stan'
Location: South Bay Area CA
Post: #21
RE: Big 12's 99-Year Membership Clause: Would It Hold Up In Court?
Courts award damages, but they do not get in the collection business.

But there is a high threshold to be reached to declare that future earnings of contracts not signed, but merely hypothetical, as "damages". That is why they tend to just say the withholding of money not yet distributed and any exit fees and penalties stipulated are all they will award.

It would take a jury trial to get damages, not an arbitrating judge.
07-18-2019 01:11 AM
Find all posts by this user Quote this message in a reply
TodgeRodge Online
All American
*

Posts: 4,937
Joined: Jun 2010
Reputation: 264
I Root For: Todge
Location: Westlake
Post: #22
RE: Big 12's 99-Year Membership Clause: Would It Hold Up In Court?
courts get involved in collections all the time I am not sure where you keep getting this nonsense from

have you ever heard of a writ of assist or a writ of replevin

you know where a court orders a bailiff, constable, or sheriff to go with a debt holder and force a debtor to release property held wrongfully or that was ordered to be given up to satisfy a debt

here are the courts letting Conoco seize assets from Venezuela

https://www.wsj.com/articles/conoco-seiz...1526265855

there are many cases where ships have been seized in a port (both US and internationally) to satisfy a debt either on the ship itself or the contents

and what you are saying about "future earnings" is again nonsense......you do not seem to understand that the contract is for conference membership it is not a contract that is based on any future earnings and the actual specified damages are based on PAST earnings and not based on any future expected earnings and it was well known to everyone that signed a 99 year contract that there were periods and times when the media rights would be up for renewal.....but again it is a contract for CONFERENCE MEMBERSHIP it is not a contract for media rights participation no matter how you try and make it otherwise

when the Big 12 collected from CU and NU the Big 12 was actually in the process of renewing with Fox on their tier 2 contract and that contract actually gave a large raise to the Big 12.....but CU and NU still paid an EXIT FEE

the AAC fan girls are over there talking about UConn paying $12 or $15 million to leave early when their contract calls for $10 million to exit and 3 years notice.....but those same fan girls talk about how the AAC will just split their brand new TV deal 11 ways instead of 12 and all make extra money for UConn leaving

so somehow their claim is they will actually make MORE money for UConn leaving, they want UConn gone ASAP, they will be a better conference with them gone, but they are going to collect 20% to 50% more in exit fees because UConn is not leaving in 3 years and instead wants to leave after 1 year

but somehow a lot of those same people say the Big 12 contract will never stand, they do not understand the contract is not based in a GOR or a media rights deal being in place and that the Big 12 will never collect

even though courts force collections all the time both large and small and for individuals, companies, nationally, and internationally and often with law enforcement assisting and threats of jail for those that do not give up the property that has been declared forfeited to satisfy a judgement

and yet again another example of courts being in the debt collection business

https://www.commondreams.org/news/2011/0...ize-assets

Two burly Collier County sheriff’s deputies and a homeowner’s attorney strode into the Bank of America branch on Davis Boulevard in Naples with a court order and an ultimatum for Manager Erich Fahrner.

Fahrner’s choice: Write out a check for $2,534 in attorney’s fees for the couple wrongfully slapped with a foreclosure lawsuit by the bank, or a William C. Hoff Storage moving crew waiting outside would start hauling out furniture to be sold at public auction.

“I’m leaving the building with either cash, a check or a whole lot of furniture,” attorney Todd Allen said just before walking in.

After an hour of talks between the deputies and Fahrner, bank officials opted for writing the check. The check is made out to the sheriff’s office, which will then pay the couple: retired Bay Village, Ohio, police Sgt. Warren Nyerges and his wife, Maureen.

so with a court order and assistance of law enforcement Bank of America wrote a check TO THE SHERIFFS OFFICE rather than have their assets taken from the branch over a $2,534 debt

but again please keep telling us all how the "courts do not do collections" 03-lmfao03-drunk01-wingedeagle
(This post was last modified: 07-18-2019 05:57 AM by TodgeRodge.)
07-18-2019 05:55 AM
Find all posts by this user Quote this message in a reply
Post Reply 




User(s) browsing this thread: 1 Guest(s)


Copyright © 2002-2024 Collegiate Sports Nation Bulletin Board System (CSNbbs), All Rights Reserved.
CSNbbs is an independent fan site and is in no way affiliated to the NCAA or any of the schools and conferences it represents.
This site monetizes links. FTC Disclosure.
We allow third-party companies to serve ads and/or collect certain anonymous information when you visit our web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or third party web beacon to collect this information. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit http://www.networkadvertising.org.
Powered By MyBB, © 2002-2024 MyBB Group.