(02-22-2022 06:31 PM)tanqtonic Wrote:  

(02-22-2022 06:29 PM)Tech80 Wrote:  I am on record advocating for CUSA to approach this like a businessman would, negotiate the best monetary deal possible and then wave adios to the SB3. It might be too late for now, but if not, then I say do it.

That said, have a question. Why would Marshall not want to settle this in arbitration? That is not mediation where the parties have to agree, in this case the arbiter decides the matter, has absolute authority. If Marshall is convinced they are right, law is on their side, I would think they would jump at the chance for arbitration. Surely the arbiter will side with Marshall...no?

Well, I can think of a reason or two why they dont want to have arbitration.

My guess is "Time" CUSA waited till the 11th hour to say they now are ready to talk. arbitration takes time, that the SBC3 dont have at this point. It was a good plan of CUSA to back the schools and the Sun Belt into a corner with the clock running out on next season. This suit would rush things along in hope of the schools moving on.

(02-22-2022 06:19 PM)rileylives Wrote:  I demand an apology from all of you who've crapped all over us, slander us and say we've needed to stick to these bylaws when we haven't signed any since 2003.

Then, according to your theory, if I invested in Apple 20 years ago, I dont have to abide by the current Apple bylaws as a current investor.

You do know that is what you are saying, right? That is, I have never actually signed any bylaws of Apple, come to think of it.

Better yet, I am a member of the board of a Delaware company (yes, I am -- not traded, private). Those bylaws have changed at least 4 times in my time associated with the company. According to your plea above, the current bylaw restrictions on selling my stock arent enforceable against me? Seriously?

I would say the subsequent investors would be bolting mad at that --- and I *really* dont think that the case.

So...a filing of a lawsuit proves you were right? And signing a document in 2003 no longer matters because it is old?

I see it differently. I see the change of bylaws like addendums. If they didn’t send the new bylaws out to existing schools and the existing schools weren’t required to sign I don’t see how it binds them.

But hey CUSA had it. They sent out schedules then wanted to sit down for arbitration.

Let’s see what happens next.

Were amendments to the bylaws approved by the membership?

tanqtonic...where are you?

(02-22-2022 06:37 PM)balanced_view Wrote:  

(02-22-2022 06:31 PM)tanqtonic Wrote:  

(02-22-2022 06:29 PM)Tech80 Wrote:  I am on record advocating for CUSA to approach this like a businessman would, negotiate the best monetary deal possible and then wave adios to the SB3. It might be too late for now, but if not, then I say do it.

That said, have a question. Why would Marshall not want to settle this in arbitration? That is not mediation where the parties have to agree, in this case the arbiter decides the matter, has absolute authority. If Marshall is convinced they are right, law is on their side, I would think they would jump at the chance for arbitration. Surely the arbiter will side with Marshall...no?

Well, I can think of a reason or two why they dont want to have arbitration.

My guess is "Time" CUSA waited till the 11th hour to say they now are ready to talk. arbitration takes time, that the SBC3 dont have at this point. It was a good plan of CUSA to back the schools and the Sun Belt into a corner with the clock running out on next season. This suit would rush things along in hope of the schools moving on.

If you think you have any chance at losing, that is a great reason to try and short-circuit the process to elsewhere.

(02-22-2022 06:27 PM)WKUApollo Wrote:  

(02-22-2022 05:57 PM)banker Wrote:  Interesting point in the filing. Marshall signed their new member agreement in 2003. Nothing in that document binds Marshall to arbitration. ODU won’t enjoy that loophole.

CUSA just needs to move on.

I'm no lawyer and admittedly clueless on most things law related but this seems analogous to States that joined the United States stating they dont have to follow any Amendments to the US Constitution passed after they joined because it wasn't in the Constitution when they joined.

I think you just described Mississippi.

(02-22-2022 06:29 PM)Tech80 Wrote:  I am on record advocating for CUSA to approach this like a businessman would, negotiate the best monetary deal possible and then wave adios to the SB3. It might be too late for now, but if not, then I say do it.

That said, have a question. Why would Marshall not want to settle this in arbitration? That is not mediation where the parties have to agree, in this case the arbiter decides the matter, has absolute authority. If Marshall is convinced they are right, law is on their side, I would think they would jump at the chance for arbitration. Surely the arbiter will side with Marshall...no?

I am for making lawyers rich...particularly the 3.

(02-22-2022 06:33 PM)rileylives Wrote:  

(02-22-2022 06:28 PM)tanqtonic Wrote:  

(02-22-2022 06:23 PM)inutech Wrote:  

(02-22-2022 06:20 PM)rileylives Wrote:  This could have all been avoided if Conference USA did the right thing and just communicated with us, but they chose this path.

I can think of another way it could have been avoided.

I can think of two.

1) the 3 simply exit per the agreement.
2) the 3 actually offer enough at the outset to pique the interest of CUSA.

But, the 3 chose this path as well, which seemingly is overlooked in the above.

Excuse me sir, this path would never have taken place if it wasn't for the AAC starting this chain, which Rice is a part of.

The only difference between us is you are staring down a 10 million entry fee and we are not. You are also blocked from entering with no available spots, while we are not.

Despite what you think, you would be doing the exact same thing in our shoes if the AAC had a spot for you.

No matter how many times Marshall fans claim Rice would do the same thing there remains not a shred of evidence to back it up. As a loser most of the time in re-alignment we have always followed the rules.

(02-22-2022 06:33 PM)rileylives Wrote:  

(02-22-2022 06:28 PM)tanqtonic Wrote:  

(02-22-2022 06:23 PM)inutech Wrote:  

(02-22-2022 06:20 PM)rileylives Wrote:  This could have all been avoided if Conference USA did the right thing and just communicated with us, but they chose this path.

I can think of another way it could have been avoided.

I can think of two.

1) the 3 simply exit per the agreement.
2) the 3 actually offer enough at the outset to pique the interest of CUSA.

But, the 3 chose this path as well, which seemingly is overlooked in the above.

Excuse me sir, this path would never have taken place if it wasn't for the AAC starting this chain, which Rice is a part of.

The only difference between us is you are staring down a 10 million entry fee and we are not. You are also blocked from entering with no available spots, while we are not.

Despite what you think, you would be doing the exact same thing in our shoes if the AAC had a spot for you.

So Rice is the reason your school decided to take a full on dump on the bylaws?

Lolz.

how many other boogeymen are you going to come up with to try and excuse your schools behavior? Good grief.

Quote:Despite what you think, you would be doing the exact same thing in our shoes if the AAC had a spot for you.

So your excuse is now 'Marshall is going to take a world sized crap on the bylaws, because Rice would have. But Rice didnt. But its all Rice's fault because they would have. But didnt.'

Geezus Krist on a cracker. Pretty soon you *will* run out of other people to blame and excuses for your school's ****** behavior.

As to the above -- prove it my good fellow. Or just say that you are pulling the above out of your ass as an excuse. I look forward to one or the other.

(02-22-2022 06:42 PM)FAU Connoisseur! Wrote:  

(02-22-2022 06:27 PM)WKUApollo Wrote:  

(02-22-2022 05:57 PM)banker Wrote:  Interesting point in the filing. Marshall signed their new member agreement in 2003. Nothing in that document binds Marshall to arbitration. ODU won’t enjoy that loophole.

CUSA just needs to move on.

I'm no lawyer and admittedly clueless on most things law related but this seems analogous to States that joined the United States stating they dont have to follow any Amendments to the US Constitution passed after they joined because it wasn't in the Constitution when they joined.

I think you just described Mississippi.

More like West Virginia.

I just shredded my credit cards new privacy agreement.

(02-22-2022 06:48 PM)tanqtonic Wrote:  

(02-22-2022 06:33 PM)rileylives Wrote:  

(02-22-2022 06:28 PM)tanqtonic Wrote:  

(02-22-2022 06:23 PM)inutech Wrote:  

(02-22-2022 06:20 PM)rileylives Wrote:  This could have all been avoided if Conference USA did the right thing and just communicated with us, but they chose this path.

I can think of another way it could have been avoided.

I can think of two.

1) the 3 simply exit per the agreement.
2) the 3 actually offer enough at the outset to pique the interest of CUSA.

But, the 3 chose this path as well, which seemingly is overlooked in the above.

Excuse me sir, this path would never have taken place if it wasn't for the AAC starting this chain, which Rice is a part of.

The only difference between us is you are staring down a 10 million entry fee and we are not. You are also blocked from entering with no available spots, while we are not.

Despite what you think, you would be doing the exact same thing in our shoes if the AAC had a spot for you.

So Rice is the reason your school decided to take a full on dump on the bylaws?

Lolz.

how many other boogeymen are you going to come up with to try and excuse your schools behavior? Good grief.

Quote:Despite what you think, you would be doing the exact same thing in our shoes if the AAC had a spot for you.

So your excuse is now 'Marshall is going to take a world sized crap on the bylaws, because Rice would have. But Rice didnt. But its all Rice's fault because they would have. But didnt.'

Geezus Krist on a cracker. Pretty soon you *will* run out of other people to blame and excuses for your school's ****** behavior.

As to the above -- prove it my good fellow. Or just say that you are pulling the above out of your ass as an excuse. I look forward to one or the other.

Not everyone thinks what we are doing is wrong, stop being so melodramatic.

Now let’s see the C-USA response. The SB3 cream themselves and scream “it’s over” every time one of their schools release a statement.

(02-22-2022 06:54 PM)RustonBulldog Wrote:  Now let’s see the C-USA response. The SB3 cream themselves and scream “it’s over” every time one of their schools release a statement.

To be fair, we've been berated endlessly ever since we announced we were leaving, being called any name in the book. So how else are we going to react on a day like today?

A lot of the posts are in fun, I haven't seen anybody be a jerk about it yet.

(02-22-2022 06:52 PM)rileylives Wrote:  

(02-22-2022 06:48 PM)tanqtonic Wrote:  

(02-22-2022 06:33 PM)rileylives Wrote:  

(02-22-2022 06:28 PM)tanqtonic Wrote:  

(02-22-2022 06:23 PM)inutech Wrote:  I can think of another way it could have been avoided.

I can think of two.

1) the 3 simply exit per the agreement.
2) the 3 actually offer enough at the outset to pique the interest of CUSA.

But, the 3 chose this path as well, which seemingly is overlooked in the above.

Excuse me sir, this path would never have taken place if it wasn't for the AAC starting this chain, which Rice is a part of.

The only difference between us is you are staring down a 10 million entry fee and we are not. You are also blocked from entering with no available spots, while we are not.

Despite what you think, you would be doing the exact same thing in our shoes if the AAC had a spot for you.

So Rice is the reason your school decided to take a full on dump on the bylaws?

Lolz.

how many other boogeymen are you going to come up with to try and excuse your schools behavior? Good grief.

Quote:Despite what you think, you would be doing the exact same thing in our shoes if the AAC had a spot for you.

So your excuse is now 'Marshall is going to take a world sized crap on the bylaws, because Rice would have. But Rice didnt. But its all Rice's fault because they would have. But didnt.'

Geezus Krist on a cracker. Pretty soon you *will* run out of other people to blame and excuses for your school's ****** behavior.

As to the above -- prove it my good fellow. Or just say that you are pulling the above out of your ass as an excuse. I look forward to one or the other.

Not everyone thinks what we are doing is wrong, stop being so melodramatic.

I don't have any factual evidence to say what I said, just logic.

Schools have left this conference in the past, schools will continue to leave this conference in the future. Life will go on.