FSU Suing ACC over withdrawal Fee

That would be dumb considering pretending to be students brings in the cash.

 

What you are attempting to go, but don't want to, is called a minor league, with a commissioner, a director of referees, standardized modus operandi, and unionized players (and likely refs).

It is where we are heading, just not in a straight line. No different than the "land grab" by the conferences not too far from when they coalesced because "the SEC was being mean". It IS the way it works.

 

Think "The 2024 Summer Olympics, brought to you by GM." One plainly does not have to do anything with the other. The real question, does the "Olympics" want to be associated with "GM"...or vice versa? Until further notice, we fans are okay with it.

 

Judge denies Florida State's request to dismiss ACC lawsuit against the school

 

Not looking good for f$u's lawsuit filed in Florida. Someone here told me the contract stipulated North Carolina jurisdiction . . . which makes any filing in Florida even more dumb, IMO.

 

I remember when Bobby Bowden chose the ACC for FSU becasue it was all about Championships... now it's only about money. I hope the B1G says NO to that school along with the SEC. They belong in the ACC or the big-12. But FSU does NOT deserve to get into the SEC.

 

There are also no guarantees that any other network would be willing to let them in another conference... that is to say, not at the payout per team that say teams in the B1G now already enjoy. IOW, what are they really worth to the networks?

 

Every time "fsu to the big10 soon!!!OMG HELICOPTER!" shows up it's from some nole making it up, there is no smoke to it except in their heads.

They will land in the big12 with the other leftovers.

 

Guess SWAC is going to need some more of that “resilience” they have had to demonstrate in the wake of being “snubbed” by the Playoff Committee.*

*The record-setting 63-3 loss in the Orange Bowl did not count.

 

Interesting discussion of the pending case with a lawyer. He is a nole, but I think his analysis was helpful. It does sound like the noles might escape the GOR and pay a fraction of what it was originally thought they were going to pay.

 

Contracts mean nothing anymore. Just get a lawyer and sue to get out of it

 

Like others have said if they do get offers it should only be for what they would be getting in the ACC for 10 years or the length of the GOR. Basically they would get a harder schedule with the same money they were getting.

 

What a shock! A f$u attorney on a f$u channel claims things look good for f$u. LOL! Sorry, I didn't even listen.

 

Yeah, that's really just undeserved good sounding press.

 

Contract law is a different animal. Did you sign the contract with an understanding of terms? Were you given consideration for execution of the contract? Did you benefit from contract as agreed at time of signing? Would others be harmed by your release from contract? I don’t see FSU prevailing. Clemson entering fray certainly helps their cause given their proximity to case in South Carolina.

 

Obviously, people will line up with their sides. I want FSU to have to abide by the contract they signed, and I think it would be a subversion of justice if they somehow got off of the hook.

However, a couple of arguments the lawyer talked about seemed to have some weight, but I kind of wish some UF associated lawyers would step up and give their opinions as well. I am no legal expert, so I don't have the expertise to know if the analysis is wishful, optimistic, or sober minded and accurate.

The one point that worries me that he brought up involves the ESPN contract language with the ACC. The point specifically is that the parties defined in the contract are member teams of the ACC and ESPN. So, the ESPN contract would no longer apply and the GOR would be null and void since FSU is no longer in the ACC if they pay the exit fee. That seems to be the substance of the claim in the Clemson case. FSU is expected to amend their filing to add this point from the Clemson case.

He also said that the ACC's operating budget has ballooned since the exit penalty clause was agreed upon, indicating the ACC might have artificially inflated their operating budget numbers to hike the payout for FSU and/or Clemson, which is based on a percentage of the operating budget, if they indeed decided to leave the conference.

So, it sounds like they might be aiming for a lower payout and a complete nullification of the GOR based on lack of sufficient language in the ESPN contract to make a non-member of the ACC bound to the contract.

He did say, however, recent events are a bad look for the FSU legal team. There is really nothing they should be lauded for at this point. They have one more chance to file this thing correctly, and if they screw that up then that is probably it. FSU's lawsuit would be dismissed with no chance to refile if they screw it up again. He thinks FSU will probably get it right when they refile, though.

He also thinks FSU has everything they need to meet the conditions of the Long Arm Statute, which allows for a lawsuit to be filed in Florida against an out of state entity. In his opinion, failing to dot all the i's and cross all the t's with respect to the Long Arm Statute is the reason the judge ordered FSU to refile.

 

Not a lawyer but some of his verbiage made me think that it was a sloppily crafted argument but not fatally bad. So they will get another chance to craft the argument but it said nothing as to how good their argument was.

 

You mean like when millions of taxpayers were forced to pick up the tab for billions of dollars of legitimate student loan contracts?

 

The long arm statute is a jurisdictional issue. Jurisdiction is fundamental. I don't (yet) understand how f$u can get around a forum selection clause.

Briefly regarding the issue you are most concerned about, and still without listening to the video, if I understand it correctly, the parties were identified and defined in the contract as being members of the ACC. As of the date of its execution, they were.

Say you want to hire a construction manager for a major project and in the contract you state that "Joe's Construction Company is based in the State of Florida and fully licensed for construction in Florida." [PS -- It would be more than that.] Anyway, in the middle of the project, Joe moves to East Tennessee and you don't like not being able to summon him on 30-minutes' notice and find you could have saved a lot of $$$ using Frank's Construction. You can't get out of your contract by claiming, "Hey, Joe is not based in Florida any more!" That's the argument I understand the f$u fan (while wearing his lawyer mask) was making.

 

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