Wvu Suing Big East: "lack Of Leadership", Etc.

[ruskin]

So sez this as WVU sues to bogart 27-month rule and get into Big 12 next year

http://www.wvnstv.com/story.cfm?func=viewstory&storyid=111208

The lawsuit claims “The Commissioner did nothing to protect the football playing schools and in fact took measures to further protect and advance the interests of the non-football playing schools.” Also claims "lack of leadership" Truer words. . . .

 

[HuskyHawk]

Wow. Seeking a declaratory judgment. Ballsy. The fur is flying now.

I view this as bad news for UConn. It suggests that the wheels may not be in motion for the remaining FB schools to escape in the near term.

 

[SAMCRO]

Just when you thought it couldn't get any more bizarre, WVU does this.

So, is WVU suing their own President and AD? Weren't they a big decision maker in not accepting the ESPN contract? Would love to see how they voted at every BE meeting. Should be a fun ride.

 

[ctchamps]

Again predictable. They are in desperation mode. They have a clock ticking on them. The BE will point out that the membership (that is university presidents) voted on issues such as accepting or rejecting media contracts, offering which schools an acceptance and so forth. WV would have to prove that the conference composition is vastly different than when they agreed to join. And that is not the case.

WV will most likely lose the suit.

 

[ruskin]

Here's link to pdf of lawsuit. Do a search for "Herbst". . . .

http://www.wboy.com/wboyUploads/SKMBT_C45111103114550.pdf

 

[ctchamps]

Just when you thought it couldn't get any more bizarre, WVU does this.

So, is WVU suing their own President and AD? Weren't they a big decision maker in not accepting the ESPN contract? Would love to see how they voted at every BE meeting. Should be a fun ride.

It would seem they would be suing themselves if it can be demonstrated that the presidents voted on any or all the matters involving contracts, university acceptance and so on. Heck if WV voted to accept TCU they would be suing themselves because they were negligent in considering the geographic fit was wrong and that the B12 might invite them. This is a ludicrous lawsuit made in haste by a desperate university. I almost feel sorry for them.

 

[UConn9604]

Interesting read. I wonder if they cut-and-pasted anything from BC's pleadings in 2003. Check out the Freudian slip in paragraph 32:

http://www.wboy.com/wboyUploads/SKMBT_C45111103114550.pdf

 

[uconndogs]

I guarantee you that every football school in the Big East has legal counsel engaged to review all of their options to end up where they wish to end up. Litigation is down the list, as it is much more preferable and much more probable to wind up where you want to end up without legal recourse. But, as a last or nearly last option, it is being reviewed.

And that is to say nothing of the politically wrangling that is already beginning.

This is just the beginnig of what is going to be an absolute mess of litigation and political wrangling.

 

[SAMCRO]

Interesting read. I wonder if they cut-and-pasted anything from BC's pleadings in 2003. Check out the Freudian slip in paragraph 32:

http://www.wboy.com/wboyUploads/SKMBT_C45111103114550.pdf

I wish paragraph 32 was the case here.

As for that paragraph, wouldn't the fact that the BE was in a similar situation in 2003 with more BB schools than FB shools (before we added 3 for FB and 2 for BB) and yet WVU actually thrived after the league was balanced out actually hurt their argument in this case?

 

[ctchamps]

Interesting read. I wonder if they cut-and-pasted anything from BC's pleadings in 2003. Check out the Freudian slip in paragraph 32:

http://www.wboy.com/wboyUploads/SKMBT_C45111103114550.pdf

That was sloppy on their part.

On issue 32 alone, I would imagine an impartial judge dismissing that issue because it can be claimed that WV should have considered this situation prior to agreeing to the contract and insisted on it being reworked before signing as opposed to after the fact.

 

[junglehusky]

Have to think they don't want this to see the inside of a courtroom*, given the rumors that WVU was pining for the SEC even before Pitt/SU bolted. They're trying to wiggle their way out of the 27 months.

*obligatory A Few Good Men reference

 

[UConn9604]

Paragraph 32 is easily correctable and won't make any difference. WVU wants out because it wants out, and it's trying to paint the Agreement -- note that it refers to an Agreement with a capital A but doesn't define it or attach it as an Exhibit?! -- as being as defective as possible (as it should).

Another interesting note: WVU is fighting like mad to keep this in state court in West Virginia and not having it removed to federal court. Not only that, they're demanding a jury trial (whether they get one is another story). How many of the 12 jurors do you think will show up for trial wearing blue and gold? 10? 11?

 

[businesslawyer]

1. The lawyers consider Rutgers a "football school?" Where did they find anyone in WV who seriously considers Rutgers a "football school?"

2. More seriously, this is not about having a winning hand. This is about trying to get the case heard in WV state court, as opposed to whatever jurisidiction Big East member schools agreed that disputes would be heard in (assuming they did). If there isn't such an agreement, it will be removed to federal court in WV. More likely, the Big East will now have to sue WV in the proper jurisdiction, in federal court, and move to have this case consolidated.


It seems like a weak tactic, which presumably means WVU has a weak hand. I still don't "get" how they think they're getting out early.

 

[Carl Spackler]

1. The lawyers consider Rutgers a "football school?" Where did they find anyone in WV who seriously considers Rutgers a "football school?"

2. More seriously, this is not about having a winning hand. This is about trying to get the case heard in WV state court, as opposed to whatever jurisidiction Big East member schools agreed that disputes would be heard in (assuming they did). If there isn't such an agreement, it will be removed to federal court in WV. More likely, the Big East will now have to sue WV in the proper jurisdiction, in federal court, and move to have this case consolidated.

It seems like a weak tactic, which presumably means WVU has a weak hand. I still don't "get" how they think they're getting out early.

Interesting. Very interesting.

I'm also wondering about the TCU angle. I always thought it odd that TCU wasn't held to a monetary exit fee. If there is some written rule somewhere in teh bylaws talking about how that fee is applied and to whom, and the paper completely balked on it, then the document is in serious question - to me at least, but if there are no rules in there concerning TCU's situation?

I'm not sure that was every explained to me, how they got away with withdrawing and joining another conference without paying up.

 

[upstater]

In the court of public opinion, suing first invites the BE to go thermonuclear and be forgiven. I wonder if the BE has anything plausible against the B12 at this point. Might as well respond by taking it over the top. The Big12 might want absolutely no part of that.

 

[businesslawyer]

1. I've now read the complaint. It is, on its face, incredibly weak. Again, while there may be facts of which I have no knowledge, it is just an illogical argument where the premises do not support the conclusion.

2. Yes, to Upstater's question, if the Big XII is telling the Scumineers that it has to accept for 2012-13, than it is (arguably but with a strong argument) tortiously interfering with WVU's contractual obligation to give the Big East 27 months notice. This is going to get real ugly, real fast.

3. If the Big East sues, and it is being forced to, the next question is how can it not bring ESPN in as an additional defendant? Assuming neither UConn nor ESPN want to be fighting each other in court, can ESPN force a UConn soft landing quickly enough to avoid that? (ESPN certanly can. The question really is whether ESPN will.)

 

[gars44]

Well, this is getting interesting. I love the fact that these crazy Mountaineers got this thing going in court. Does the Big East fight back? Does anyone left in the Big East even have the will to fight back? What's John Marinatto going to do? Who can he go to for a defense? I don't think Louisville will want to oppose this suit. Certainly Syracuse and Pitt will not. Schools like Rutty and Uconn, who have been openly whoring themselves out on the street corner are not going to oppose this. Where is the opposition going to come from? The basketball schools? I don't think so.

As interesting as the discovery process in this suit would promise to be, I don't think the Big East is even going to file an appearance in court. West Virginia will win by default.

 

[kibblesnbits]

How can WVU reasonably expect this to stay in state court. Membership in the BE, a multi-state organization, is a contractual commitment to engage in interstate commerce. Doesn't that alone make federal court the appropriate jurisdiction?

 

[gars44]

How can WVU reasonably expect this to stay in state court. Membership in the BE, a multi-state organization, is a contractual commitment to engage in interstate commerce. Doesn't that alone make federal court the appropriate jurisdiction?

Not necessarily. But it is immediately removable under diversity rules, unless West Virginia sued an in state party. I didn't read it.

Edit: Let me take that back about removability. I just did a Google search and if the state is the real party in interest, then it cannot be removed. So, further to my earlier point, no one in the big east is going to have the will to oppose this lawsuit, especially if it means attending court in some backwoods courthouse filled with mountainmen carrying muskets. Ain't happenin. They are outtahere.

 

[Hoophound]

1. I've now read the complaint. It is, on its face, incredibly weak. Again, while there may be facts of which I have no knowledge, it is just an illogical argument where the premises do not support the conclusion.

2. Yes, to Upstater's question, if the Big XII is telling the Scumineers that it has to accept for 2012-13, than it is (arguably but with a strong argument) tortiously interfering with WVU's contractual obligation to give the Big East 27 months notice. This is going to get real ugly, real fast.

3. If the Big East sues, and it is being forced to, the next question is how can it not bring ESPN in as an additional defendant? Assuming neither UConn nor ESPN want to be fighting each other in court, can ESPN force a UConn soft landing quickly enough to avoid that? (ESPN certanly can. The question really is whether ESPN will.)

Can you explain #3 a little better. Why is the UConn/ESPN situation pertinent to this? I haven't read the document on my phone, so sorry if it is self explanatory after reading the suit.

 

[businesslawyer]

The complaint has nothing to do with ESPN, but if the Big East is going to defend itself it might as well fire all guns. The DeFilippo quote alone gets you the ability to argue that ESPN, while a contractual partner of the Big EAst, conspired to destroy it, and doing so very well may violate the implied covenant of good faith and fair dealing in every commercial contract.

I just think it's hard for the Big East to defend the suit on a limited basis (and only ask for the 27 month performance) but we'll see.

As to another post, I think the remaining football schools are absolutely willing, today, to run this out through the '13 season just because it gives them time.

 

[FDNY99]

BL question for you...could you see UConn filing something smiliar if not identical if put in same position as WVU? I do think they hit on something solid with the accusations that Marinatto didn't act in the best intrests of the football schools while helping the basketball schools. I wonder if this refers to the Nova upgrade fiasco

 

[businesslawyer]

You are letting your conclusions about the job Providence did take you into poor legal analysis.

1. The Commissioner not doing a good job is not a breach of fiduciary duty, much less a reason to leave without 27 months notice. It's a reason to quit the conference with 27 months notice if you can't change commissioners. Just like you can't impeach a President merely for doing a poor job, or favoring the interests of farmers over merchants.

2. The Scumineers are making the argument that he breached his fiduciary duty because the by-laws operated to give the basketball schools more power if football schools quit. Even if that is true, and I'm not convinced it is, the Scumineers presumably voted for the by-laws. Had they raised that issue a decade ago, it probably would have been addressed.

3. The State of Connecticut, to its credit, does not have a history of running around in BS litigation. And no, the 2003 suit was not BS litigation. My guess is that UConn has been planning on giving the 27 months notice if it left, as it should However, at this point, there may not be a conference to give notice to.

 

[junglehusky]

ESPN is also the B12's (and LHN's) partner too...