Big East Countersues Wvu In Rhode Island Court

[ctchamps]

I am an attorney and am familar with contract law, some of you might not like what I am about to say there is good and bad news. First the bad, WVU will get the case heard in WV after a little research I have found that the state of WV has a statute written into their constitution, saying that they or any agent of WV can only be sued in WV court, R.I. will honor this as it is required to do so by the 11th amendement to the US constitution, the Full, Faith, and Credit Clause. As for moving it to federal court that is also prohibited and in WVUs case was upheld only 4 yrs ago in the case of Rodriguez v WVU. A federal court held that WVU was a part of the state of WV and immune from suit in any court except their own, now the good news a R.I. court probably would not order specific performance anyway. In fact I doubt any court would that is usually reserved for real estate, plus every damage the BE sets out in their suit can be fixed with money and specific performance would only be granted if they were no other way i.e we will lose our BCS bid if WVU is allowed to leave early or if WVU leaves we will cease to be a conference. Any of the concerns they laid out can be paid in damages i.e. the t.v. contracts once renegotiated WVU would pay the BE conference the difference. Scheduling WVU will be forced to buyout any games on schedules already set. After reading the BE suit it looks to me like it was written to be used as leverage but dont worry even a WV court will hold them responsible for damages, I would bet some negotiations are going on now or more papers would have already been filed. The end result WVU will leave in 2012 but it will cost them about 25 mill.

From my point of view not much good news. Is there an appeal process? And if so could you describe the specifics for WV?

 

[ctchamps]

From my point of view not much good news. Is there an appeal process? And if so could you describe the specifics for WV?

Just realized this dude may be a troll.

 

[businesslawyer]

Just realized this dude may be a troll.

Read the quality of the post. You really think that poster went to law school? He summarized a passage from the WVU brief in crayon.

 

[ctchamps]

Read the quality of the post. You really think that poster went to law school? He summarized a passage from the WVU brief in crayon.

I was taken. For five minutes.

 

[MattMang23]

Read the quality of the post. You really think that poster went to law school? He summarized a passage from the WVU brief in crayon.

Aren't lawyers required to know and apply the rules of grammar when posting on message boards in order to be taken seriously? Mr. Turner writes about as well someone whose age requires that their primary writing utensil be, in fact, a crayon.

 

[arnie3]

Twenty five million is the amount I read over and over on the WVU scout board as the likely amount that they believe it will cost to get out. His grammar was atrocious but I have to admit that I bought it.