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...too soon to be thinking UAB to the ACC?
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biglizard Offline
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Post: #21
RE: ...too soon to be thinking UAB to the ACC?
(12-22-2023 01:40 PM)BatesUAB Wrote:  
(12-22-2023 12:49 PM)biglizard Wrote:  The suit was filed in Leon County circuit and they petitioned for a declaratory judgment. There’s no way the ACC won’t ask for a change of venue and they’ll probably ask that the suit be moved to federal court since the ramifications will literally extend from New England to Miami.

I feel pretty sure the schools on the initial vetting list have been war gaming scenarios as has the involved conferences

Change of venue, no. Only reason that's done is due to the potential of not finding impartial jurors. A dec judgement action is equity, so there is no jury.

Removal to federal court? Possibly. You're right that this impacts parties spread over multiple states. It's been a long time since I looked at much of anything related to civil procedure, but I do remember there has to be "complete diversity." There is another ACC institution in Florida, so that might affect the ability to remove. I would also note that all the Pac 12 litigation never got removed to federal court, it stayed in Washington state court.

Good point on the jury. I would find it hard to believe that the ACC would let the fate of the conference rest in the hands of a local circuit court judge. FSU signed the most recent agreement in 2016 under similar terms as the previous agreement. At some point, someone somewhere has to make a stand to protect the interests of other parties involved.

Clearly the ACC wrote the original agreement with this scenario in mind. FSU has been telegraphing this move for a long time. If there is a separation I expect the ACC to extract a significant blood loss from FSU
12-22-2023 02:03 PM
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GreenFreakUAB Offline
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Post: #22
RE: ...too soon to be thinking UAB to the ACC?
(12-22-2023 01:40 PM)BatesUAB Wrote:  
(12-22-2023 12:49 PM)biglizard Wrote:  The suit was filed in Leon County circuit and they petitioned for a declaratory judgment. There’s no way the ACC won’t ask for a change of venue and they’ll probably ask that the suit be moved to federal court since the ramifications will literally extend from New England to Miami.

I feel pretty sure the schools on the initial vetting list have been war gaming scenarios as has the involved conferences

Change of venue, no. Only reason that's done is due to the potential of not finding impartial jurors. A dec judgement action is equity, so there is no jury.

Removal to federal court? Possibly. You're right that this impacts parties spread over multiple states. It's been a long time since I looked at much of anything related to civil procedure, but I do remember there has to be "complete diversity." There is another ACC institution in Florida, so that might affect the ability to remove. I would also note that all the Pac 12 litigation never got removed to federal court, it stayed in Washington state court.

...a few places are noting that this will most likely go to 'arbitration' (I think that's the correct term - I'm an engineer, not a lawyer, y'all...03-drunk ) before actually heading to court - they are citing the GOR would have to be 'fully revealed', which might not be in the best interest of the ACC or ESPN (there's SOME reason they keep it under lock and key)... If tradition holds, 60% exit fees is typical (what Maryland had to cough up to leave, albeit prior to the GOR deal) - still a gob of $$$$, but evidently the FSU war chest is quite stout... 03-phew
12-22-2023 02:04 PM
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GreenFreakUAB Offline
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Post: #23
RE: ...too soon to be thinking UAB to the ACC?
(12-22-2023 12:34 PM)blazers9911 Wrote:  There is likely going to be some combination of Georgia Tech, BC, Pitt, Syracuse, Duke, Wake, Louisville, plus the incoming schools left. I can't see a full on merger if the ACC remains that large. I also question if the BOT would allow a move to the ACC if that became a real possibility.

...if things indeed go haywire, I'd not be surprised to see Pitt and Louisville to the BIGXII, to 'complement' West Virginia and Cincy... would make for a nice 'pod' or whatever... MAY even add VT and Cuse to the mix, if they don't end up in the SEC/B1G...

...and if the ACC DOES get 'gutted', I would assume the ACC GOR is null and void, and then who knows how wise a move going to the ACC would be - I would think an AAC/ACC 'merger' is more likely, not unlike the MWC and the 'remnants of the PAC' are currently appearing to do...
(This post was last modified: 12-22-2023 02:11 PM by GreenFreakUAB.)
12-22-2023 02:07 PM
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UAB Band Dad Offline
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Post: #24
RE: ...too soon to be thinking UAB to the ACC?
(12-22-2023 01:28 PM)GreenFreakUAB Wrote:  
(12-22-2023 12:52 PM)UAB Band Dad Wrote:  I've heard for several years now how the ACC's Grant of Rights is basically bulletproof legally. Many schools have hired legal help who decided that it was not doable to break that contract in court. FSU is going to try it, and they're also looking at using an investment firm to fund buying themselves out. If it actually costs them $572m to buy their way out as ESPN says, that's 19 years of that $30m difference in funding between the ACC and the Big Two - plus legal and financing fees. Add that so far as I know there has been no public interest shown by the SEC or the B1G in taking them if they get out. Are they going to try going independent? That works for Notre Dame but they have a built in nationwide audience that FSU does not.

https://www.espn.com/college-football/st...drawal-fee

...the B1G is the destination, and the B1G is VERY interested in planting a flag deep in $EC-Land... ...and FSU has burnt the bridge with the SEC/ESPN, as the GOR info has been 'daylighted', thus creating 'holiday work' for the good folks in Bristol... B1G is of course Fox/NBC, with a smidge of ESPN, so... I think the 'overt' anti-FSU rhetoric by ESPN talking heads post-playoff reveal now makes sense, and hints that FSU was burning that bridge to Bristol well before...

P.S. -thanks for the link!

Sure, np. You think that the B1G is ready to go to 20 so soon after taking the PAC teams?
12-22-2023 02:40 PM
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GreenFreakUAB Offline
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Post: #25
RE: ...too soon to be thinking UAB to the ACC?
(12-22-2023 02:40 PM)UAB Band Dad Wrote:  
(12-22-2023 01:28 PM)GreenFreakUAB Wrote:  
(12-22-2023 12:52 PM)UAB Band Dad Wrote:  I've heard for several years now how the ACC's Grant of Rights is basically bulletproof legally. Many schools have hired legal help who decided that it was not doable to break that contract in court. FSU is going to try it, and they're also looking at using an investment firm to fund buying themselves out. If it actually costs them $572m to buy their way out as ESPN says, that's 19 years of that $30m difference in funding between the ACC and the Big Two - plus legal and financing fees. Add that so far as I know there has been no public interest shown by the SEC or the B1G in taking them if they get out. Are they going to try going independent? That works for Notre Dame but they have a built in nationwide audience that FSU does not.

https://www.espn.com/college-football/st...drawal-fee

...the B1G is the destination, and the B1G is VERY interested in planting a flag deep in $EC-Land... ...and FSU has burnt the bridge with the SEC/ESPN, as the GOR info has been 'daylighted', thus creating 'holiday work' for the good folks in Bristol... B1G is of course Fox/NBC, with a smidge of ESPN, so... I think the 'overt' anti-FSU rhetoric by ESPN talking heads post-playoff reveal now makes sense, and hints that FSU was burning that bridge to Bristol well before...

P.S. -thanks for the link!

Sure, np. You think that the B1G is ready to go to 20 so soon after taking the PAC teams?

...perhaps - I think it's a "ESPN vs. All Y'all" deal, and it may be as simple as ESPN rebuffing any request from FSU, as they already have them in their fold in the ACC (at a lot cheaper price) - FSU wanted to go SEC for the $$$$, but that's more $$$$ for ESPN to shell out, so FSU turned to the B1G (who will actually make MORE $$$$ than the SEC) and, their media partners FOX, NBC, and whoever else, and they said, "Sure - would LOVE to have that Florida recruiting grounds in the B1G footprint, as well as another 'high profile program' or two in the mix... ...y'all just figure out how to blow up your current situation, and we will have a spot for y'all and at least one guest..."

Oversimplifying, but then again... 03-idea
12-22-2023 07:50 PM
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DuelingDragon Offline
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Post: #26
RE: ...too soon to be thinking UAB to the ACC?
FSU will pay whatever they have to pay. This all is just negotiating the price.
12-22-2023 08:47 PM
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