clt says one benefit to having a trial in WV is that you will not need shoes for the courtroom.

This is just more bad PR for CUSA. What in the world is going on in that office? Cut these schools loose and move on!

CUSA's mistake was in not including an enforceable exit clause in the bylaws. That ship has sailed.

The best thing the league office could do now is wish the SBC3 good luck, thank the AAC-bound teams for staying, and move the hell on.

Wait, Marshall is not in Texas?


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(02-17-2022 01:14 PM)forphase1 Wrote:  https://www.si.com/college/2022/02/17/co...thern-miss

"Attorneys believe the conference will first file suit and seek judicial intervention to obtain injunctive relief requiring the three schools to remain in the conference, at the very least until a trial on the underlying breach of contract issues is complete. The league, headquartered in Dallas, could file suit in either federal or state court in Texas. But most believe that the conference must file three individual suits in the three states in which the schools, each pubic institutions, reside: Mississippi (Southern Miss), West Virginia (Marshall) and Virginia (ODU). That could prove difficult. Fighting a court battle against a state university in that very state is a recipe for failure, Winter says.

For one, state entities are protected through sovereign immunity, a legal doctrine that shelters them from civil suits filed in their own courts.

“Assuming local judges do not recuse themselves, it may be extremely difficult to get a local judge who may live and work down the street from the school to render a decision enjoining the state school,” Clifton says."

If this is fought in WV, MS and VA instead of Texas, the odds against CUSA just went way up. Whatever the outcome, the lawyer in me is fascinated to watch the legal process of it all unfold.

I belong to an organization called "Foster a Litigator" our mission is to enrich our local lawyers. This whole process really warms my heart and makes me smile.

(02-17-2022 02:04 PM)UTSAMarineVet09 Wrote:  Does anybody have a copy of the bylaws? The lawsuits will also depend on what state's laws the bylaws are being governed by. For example, the bylaws were probably signed in Texas, with an entity from Texas and an entity from Mississippi, but they bylaws are probably governed by, and construed and enforced in accordance with, the laws of the State of Delaware, which are 90% of all agreements and contracts. In this case, Delaware would be the jurisdiction that a lawsuit could be file in.

Im no attorney, but that is ridiculous. With that logic, then 90% of every contract lawsuit in the United States of America would have to be filed in Delaware. Im pretty sure that is not the case.

Third try. Ill remove the sexism.

Havent read the article yet, but Judy is scorned and butthurt and cant control her emotions and separate business from personal. She is upset bc USM and Marshall tried to get rid of her. This is her "pay back" that will do nothing but hurt whats left of the conference. This broke conference cant afford to fight three public universities. So good luck with that, Judy.

(02-17-2022 06:08 PM)Reggie Favre Wrote:  Third try. Ill remove the sexism.

Havent read the article yet, but Judy is scorned and butthurt and cant control her emotions and separate business from personal. She is upset bc USM and Marshall tried to get rid of her. This is her "pay back" that will do nothing but hurt whats left of the conference. This broke conference cant afford to fight three public universities. So good luck with that, Judy.

The SB3 need to make an offer that CUSA HQ cannot refuse. $5M each and Judy will even throw in the jeep.

(02-17-2022 06:13 PM)FIU4Ever Wrote:  

(02-17-2022 06:08 PM)Reggie Favre Wrote:  Third try. Ill remove the sexism.

Havent read the article yet, but Judy is scorned and butthurt and cant control her emotions and separate business from personal. She is upset bc USM and Marshall tried to get rid of her. This is her "pay back" that will do nothing but hurt whats left of the conference. This broke conference cant afford to fight three public universities. So good luck with that, Judy.

The SB3 need to make an offer that CUSA HQ cannot refuse. $5M each and Judy will even throw in the jeep.

Id be interested in knowing what the previous offers have been.

(02-17-2022 06:17 PM)Reggie Favre Wrote:  

(02-17-2022 06:13 PM)FIU4Ever Wrote:  

(02-17-2022 06:08 PM)Reggie Favre Wrote:  Third try. Ill remove the sexism.

Havent read the article yet, but Judy is scorned and butthurt and cant control her emotions and separate business from personal. She is upset bc USM and Marshall tried to get rid of her. This is her "pay back" that will do nothing but hurt whats left of the conference. This broke conference cant afford to fight three public universities. So good luck with that, Judy.

The SB3 need to make an offer that CUSA HQ cannot refuse. $5M each and Judy will even throw in the jeep.

Id be interested in knowing what the previous offers have been.

Me too. I found an article quotes USM as saying we offered some games, but it doesn't mention money, even though I keep hearing fans say money was offered.

Quote:​​The University has from the outset expressed its desire to work with Conference USA to achieve an amicable separation, including offering to cooperate to ensure that all remaining conference members had complete competitive schedules for those sports in which the University compete,” Southern Miss said in a statement. “Conference USA has so far refused to discuss any such arrangement with the University.

(02-17-2022 01:14 PM)forphase1 Wrote:  https://www.si.com/college/2022/02/17/co...thern-miss

"Attorneys believe the conference will first file suit and seek judicial intervention to obtain injunctive relief requiring the three schools to remain in the conference, at the very least until a trial on the underlying breach of contract issues is complete. The league, headquartered in Dallas, could file suit in either federal or state court in Texas. But most believe that the conference must file three individual suits in the three states in which the schools, each pubic institutions, reside: Mississippi (Southern Miss), West Virginia (Marshall) and Virginia (ODU). That could prove difficult. Fighting a court battle against a state university in that very state is a recipe for failure, Winter says.

For one, state entities are protected through sovereign immunity, a legal doctrine that shelters them from civil suits filed in their own courts.

“Assuming local judges do not recuse themselves, it may be extremely difficult to get a local judge who may live and work down the street from the school to render a decision enjoining the state school,” Clifton says."

If this is fought in WV, MS and VA instead of Texas, the odds against CUSA just went way up. Whatever the outcome, the lawyer in me is fascinated to watch the legal process of it all unfold.

On what grounds? The By-Laws state that you can't leave the conference because you can't leave. There is no penalty and it's certainly possible to breach the contract by leaving, thus it's possible to leave.

The language of the contract is C-USA's own worst enemy here.

(02-17-2022 06:13 PM)FIU4Ever Wrote:  

(02-17-2022 06:08 PM)Reggie Favre Wrote:  Third try. Ill remove the sexism.

Havent read the article yet, but Judy is scorned and butthurt and cant control her emotions and separate business from personal. She is upset bc USM and Marshall tried to get rid of her. This is her "pay back" that will do nothing but hurt whats left of the conference. This broke conference cant afford to fight three public universities. So good luck with that, Judy.

The SB3 need to make an offer that CUSA HQ cannot refuse. $5M each and Judy will even throw in the jeep.

$5 million each? What is that, 5 years of media revenue from C-USA? They've offered to pay their two years of distribution which is all that is required. C-USA had plenty of time to create 11 team schedules to mitigate any issues created by an early departure, yet they didn't.

The University's cannot be compelled to perform the contract. There is no contractual language dictating what happens when you leave early. There are no damages specified as is the case in almost all other contracts.

The court will not uphold an injunction here considering C-USA has effectively made the situation worse than it had to be.

(02-17-2022 04:35 PM)ghostofclt! Wrote:  clt says one benefit to having a trial in WV is that you will not need shoes for the courtroom.

In that case i may move there.

(02-17-2022 04:35 PM)ghostofclt! Wrote:  clt says one benefit to having a trial in WV is that you will not need shoes for the courtroom.

Either way, although we will no longer be conference mates, when we are flying south to GA, we will be sure to have the pilot empty the A330’s lavatory right over your pristine creek for old times sake.

(02-17-2022 07:10 PM)THUNDERStruck73 Wrote:  

(02-17-2022 04:35 PM)ghostofclt! Wrote:  clt says one benefit to having a trial in WV is that you will not need shoes for the courtroom.

Either way, although we will no longer be conference mates, when we are flying south to GA, we will be sure to have the pilot empty the A330’s lavatory right over your pristine creek for old times sake.

And we will fly Delta to Atlanta, not Charlotte!

C-USA probably won't file their suit until after the Sun Belt releases their schedules. Then C-USA will know if they need to be included. I also believe C-USA will file in Texas. The loser pays the court costs in Texas. It just makes the most sense for C-USA. Now, I have no idea if that is where the case will actually play out. But, it makes the most sense if that is an option for C-USA.

(02-17-2022 07:47 PM)Side.Show.Joe Wrote:  C-USA probably won't file their suit until after the Sun Belt releases their schedules. Then C-USA will know if they need to be included. I also believe C-USA will file in Texas. The loser pays the court costs in Texas. It just makes the most sense for C-USA. Now, I have no idea if that is where the case will actually play out. But, it makes the most sense if that is an option for C-USA.

Your talking out of your butt.
It would be stupid to wait. 3/1 Southern miss will release a schedule that shows UL, Ark state, usa and Go southern as home games. The only game we dont know is which east team will be scheduled away.

(02-17-2022 05:02 PM)whupemall Wrote:  CUSA's mistake was in not including an enforceable exit clause in the bylaws. That ship has sailed.

The best thing the league office could do now is wish the SBC3 good luck, thank the AAC-bound teams for staying, and move the hell on.

That may be the case, the league seems to to want to test that theory though.

(02-17-2022 07:10 PM)THUNDERStruck73 Wrote:  

(02-17-2022 04:35 PM)ghostofclt! Wrote:  clt says one benefit to having a trial in WV is that you will not need shoes for the courtroom.

Either way, although we will no longer be conference mates, when we are flying south to GA, we will be sure to have the pilot empty the A330’s lavatory right over your pristine creek for old times sake.

clt says ha! A 330 flying out of WV!

Well done pal,

Marshall apparently has called an emergency board meeting for Monday. The plot thickens