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

[Yonick]

I'm sure the remaining BE football schools feel the same way WV feels. They may not win this suit, but they are right in their feelings about leadership in Providence.

 

[businesslawyer]

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

That is not an excuse for donig what they did to the Big East. In the law, you don't get to lower your obligation to a party to which you owe a duty just because you voluntarily placed yourself in a position where you were likely to have a conflict.

 

[FDNY99]

If BE football goes down the drain can the BE still keep the football schools in the conference for 27 months for olympic sports? I think it is safe to say the BE will survive in some shape/form as a basketball based conference like it started out as.

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.

 

[businesslawyer]

I really am amazed at some of these posts. Some of you have so locked yourselves in on what you think marinatto has done that if it was announced today by Romney and Obama together that he has solved the national debt crisis, you'd think it was a trick to help the Catholic schools.

The Big East Commissioner may or may not be competent, but that doesn't change the fact that WVU is acting in an absolutely immoral and unconscionable manner. They voted this guy in. If they don't like what he's doing, either say you're quitting if people won't change leadership or give your 27 months notice.

 

[District-Husky]

Pathetic.

 

[businesslawyer]

If BE football goes down the drain can the BE still keep the football schools in the conference for 27 months for olympic sports? I think it is safe to say the BE will survive in some shape/form as a basketball based conference like it started out as.

No idea. Frankly, not sure it matters much.

 

[Uptop]

Hmm? WVU sued Rich Rodriguez for breaking his contract to leave early for Michigan

 

[ctchamps]

I really am amazed at some of these posts. Some of you have so locked yourselves in on what you think marinatto has done that if it was announced today by Romney and Obama together that he has solved the national debt crisis, you'd think it was a trick to help the Catholic schools.

The Big East Commissioner may or may not be competent, but that doesn't change the fact that WVU is acting in an absolutely immoreal and unconscionable manner. They voted this guy in. If they don't like what he's doing, either say you're quitting if people won't change leadership or give your 27 months notice.

people are still blaming the Germans for bombing Pearl Harbor.

 

[gars44]

I really am amazed at some of these posts. Some of you have so locked yourselves in on what you think marinatto has done that if it was announced today by Romney and Obama together that he has solved the national debt crisis, you'd think it was a trick to help the Catholic schools.

The Big East Commissioner may or may not be competent, but that doesn't change the fact that WVU is acting in an absolutely immoreal and unconscionable manner. They voted this guy in. If they don't like what he's doing, either say you're quitting if people won't change leadership or give your 27 months notice.

It may be immoral and unconscionable, but I think they're outta here. No one is going to defend that lawsuit. No one.

 

[UConnSportsGuy]

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

Go the front page of ESPN.....no story or mention at all of this lawsuit. Just like there was radio-silence from ESPN when the BC comments from DeFillippo came out as well. Yet ESPN reports every single rumor about Big East/Conference re-shuffling otherwise. Coincidence?

I am guess that ESPN is scared tless about ending up as a party to one of these lawsuits. They are trying to ignore these stories and hope that they just go away if they don't give them any atttention.

The last thing ESPN wants is to end up a defendant in one of these lawsuits and have to go through discovery proceedings.

 

[jrazz12]

From a legal perspective, this case is incredibly weak (and the complaint reads like it was written by an upset 6th grader). Despite WV's claims of some fiduciary duty to maintain a balance between football and bball onlies, it's pie in the sky. If they're hinting at a breach of the duty of loyalty, good luck finding evidence of that. No way this overcomes the business judgment rule, even if Marinatto was a disaster.

It's posturing, and screams of desperation by WV, all at the expense of the tuition-paying students and WV taxpayers.

 

[businesslawyer]

Go the front page of ESPN.....no story or mention at all of this lawsuit. Just like there was radio-silence from ESPN when the BC comments from DeFillippo came out as well. Yet ESPN reports every single rumor about Big East/Conference re-shuffling otherwise. Coincidence?

I am guess that ESPN is scared tless about ending up as a party to one of these lawsuits. They are trying to ignore these stories and hope that they just go away if they don't give them any atttention.

The last thing ESPN wants is to end up a defendant in one of these lawsuits and have to go through discovery proceedings.

Yes. They are afraid to let anyone write/say anything, because they are afraid it will be used against them if they are sued. Which, thank you for much Gene, they are absolutely worried about.

 

[businesslawyer]

It may be immoral and unconscionable, but I think they're outta here. No one is going to defend that lawsuit. No one.

The only way it won't be defended is if every football school is safely placed. I hope that is the result, but I can't see it happening. If you think for a moment Delaney and Scott (and Swofford) are going to bail out the Big XIi here ....

 

[ctchamps]

The only way it won't be defended is if every football school is safely placed. I hope that is the result, but I can't see it happening. If you think for a moment Delaney and Scott (and Swofford) are going to bail out the Big XIi here ....

The bb schools won't let it go either.

 

[Vowelguy]

This is a ludicrous lawsuit made in haste by a desperate university. I almost feel sorry for them.

Desperate university?
Feeling sorry for them?

We in glass houses should not throw stones.

 

[UConnSportsGuy]

....and now you see why the SEC was so deliberate and careful about inviting aTm and Missouri to the conference and them leaving the B12 for they SEC. They were very smart to protect themselves from potential litigation from the B12 (see Kenneth Starr from Baylor). Unfortunately, the B12 has left themselves open to be sued by the Big East here. It may not come to that...but they have certainly left themselves vulnerable.

I know everyone was criticizing the SEC for being so slow and deliberate through this whole thing...but now you see why.

 

[Uptop]

Go the front page of ESPN.....no story or mention at all of this lawsuit. Just like there was radio-silence from ESPN when the BC comments from DeFillippo came out as well. Yet ESPN reports every single rumor about Big East/Conference re-shuffling otherwise. Coincidence?

I am guess that ESPN is scared tless about ending up as a party to one of these lawsuits. They are trying to ignore these stories and hope that they just go away if they don't give them any atttention.

The last thing ESPN wants is to end up a defendant in one of these lawsuits and have to go through discovery proceedings.

Then let's sue them.

It's time to redistrubute some pain and suffering on the greatest purveyor of dishonesty and vindictiveness.

 

[ctchamps]

Desperate university?
Feeling sorry for them?

We in glass houses should not throw stones.

Not throwing stones. I'm sure the lawsuit will be lost by WV. They had to rush a document as quickly as possible because they are on a timeline. Otherwise they would have hired better lawyers and given them more time to fashion a better document. Hence the desperation comment.

I feel plenty sorry for us. But they literally can taste the goal line and but for a simple clause in a contract they agreed to won't get past the goal line. We're not in any goal line stance at the moment.

 

[NHUConnfan]

FWIW, it's on the main page now of ESPN. This thing is going to get ugly. But I'm still confident UConn will arise out of this in the proper spot they should be, the ACC.

 

[Uptop]

We already have some of the most talented legal minds on the board as it relates to this topic. Just sharing additional insight

http://www.zagsblog.com/2011/10/31/attorneys-big-east-has-edge-in-west-virginia-lawsuit/#more-60348

As for the Big 12, "BYU, come on down!

 

[NHUConnfan]

Maybe WVU is just pushing this lawsuit to put pressure on the BE and make them make the decision - whether to bring this thing to court and spend hundreds of thousands of dollars on legal fees or to settle this out of court and watch WVU leave. To me, it would be insane for Cuse and Pitt not to get in on this as co-plantiffs, because even though the BE may have the upper hand, it's still going to cost them a lot of money to make the defense. I think this is just politics by WVU - and not necessarily a crazy move. Without this, the BE has all the power. At least WVU has a slight bargaining chip now in their negotiations to leave early.

 

[businesslawyer]

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.

Not an expert at this, but I don't think state universities can only be sued in their state, as the state itself can. And, in any event, only federal courts (I think) have jurisdiction in disputes between states, so as soon as Rutgers and UConn come in as parties, in addition to the Big East, that would be another reason for removal.

Gars -- I'm not getting your apparent glee over the Big East defaulting. Unless UConn is in the ACC by then, why do you think that will happen, or why would you like to see it happen.

 

[businesslawyer]

Maybe WVU is just pushing this lawsuit to put pressure on the BE and make them make the decision - whether to bring this thing to court and spend hundreds of thousands of dollars on legal fees or to settle this out of court and watch WVU leave. To me, it would be insane for Cuse and Pitt not to get in on this as co-plantiffs, because even though the BE may have the upper hand, it's still going to cost them a lot of money to make the defense. I think this is just politics by WVU - and not necessarily a crazy move. Without this, the BE has all the power. At least WVU has a slight bargaining chip now in their negotiations to leave early.

I think Pitt and Syracuse were settled on doing the right thing by their soon to be ex-partners. And I don't think they will evaluate WVU's case as having a big enough likelihood of success to join it.

 

[ConnHuskBask]

Just when I thought nothing would shock me anymore in this dog and pony show.

I'm so speechless and disgusted.

 

[SubbaBub]

From everything I've heard, which admittedly isn't much, the B12 needs a team to replace Missouri or risk their TV deal. Has anyone seen anything that would indicate WVU's invite is contingent upon entering next year? For the record, if Uconn was invited to the ACC, I'm certain they would honor the 27 months as Pitt and Syracuse indicated they would also.