Big East FIles Injunction Against WVU To Keep Them In Big East During Suit (PDF)

[zls44]

https://docs.google.com/viewer?a=v&...GRWmll-Fgwq1ttHujYbQA17eFy50saiN88gh&hl=en_US

 

[kingdobbs]

The "oh snap" moment definitely comes when the Big East cites WVU v. Rodriguez: "binding written contracts are not unenforceable simply just because a party does not like its terms in hindsight".

 

[UCHuskies08]

Granted, I'm far from a lawyer, but I still have no clue how WVU planned on getting away with it.

I don't see any way that injunction isn't granted.

 

[Stinger92860]

No one is leaving until the 2014 Football season. Two more years of BE football. So much could happen between now and then.

 

[huskypantz]

After reading (most of) that document, I can see WVU, Pitt and Cuse exiting in 2013 with cash settlements to the BE as the new schools join the conference.

 

[CL82]

It is well written. I don't think that these WVU, Pitt or Cuse will leave early unless there are BCS (or their successor) assurances involved.

 

[The Funster]

I'd be all for letting Cuse and Pitt go in 2013 and forcing WVU to stay until the last possible second.

Just because.

 

[cohenzone]

With the 5 new teams coming in in 2013, obviously there would be a one season scheduling problem if those 3 are forced to stay in. Adding Navy would up the mess. What the buy out deal will be should be interesting because it's hard to imagine this ending up any other way. By having replacements and then some in place before 2014, I think it waters down the BE position relative to those 3 schools. That's not to say that the BE can't prevail, but in theory, if the "new" BE winds up in as good or better position going forward, the argument in favor of the 3 to be forced to remain isn't so compelling. But I haven't been following this that closely, kind of sick of it, so I probably don't know what I'm talking about.

 

[SubbaBub]

If there has been any lesson to be learned from all this, it is that self interest rules the day and sportsmanship, collegiality, or common decency finish way behind the TV dollar signs. The departing schools chose to leave in a manner that could not be more subversive to the interests of the remaining members. In so doing, they are no longer partners but assets of the Big East Conference for the duration of the agreement. All decisions related to these schools, including any settlement, should be in the sole interest of the Big East Conference and its members. That would include road scheduling decisions, TV appearances, and if they wanted to throwing an extra holding penalty I'd be OK with that.

 

[HartbeatHusky]

The Big 12 is going to get screwed on this deal. Their conference leadership is only a half step above the Big East but the situation with WVU may actually show that they are a step behind. Either they should not have told Mizzou that they would be able to leave for 2012 or they should have made a different, non BE choice to come in for 2012. Based on what I'm reading on other boards some WVU and Big 12 fans are starting to realize that their conference also has some not so bright people running it. It seems they didn't even realize that getting WVU for 2012 could be a pretty tough task to get accomplished. The judge in WV even says he's not sure that WVU's case against the BE has any merit. Now that we are expanding and the football schools will be in the majority for 2013 many of their arguments have been rendered moot.

 

[HartbeatHusky]

http://www.wvmetronews.com/sports.cfm?func=displayfullstory&storyid=49867&type=Shawn

"I get the sense that the Big East is not so willing to let the Mountaineers go for any amount of money and seem ready to fight it out until the bitter end.
If the Big East refuses to relent WVU could be placed in a very precarious position.
When you really think about it, the longer this legal battle wages on the better it is for the Big East. WVU has repeatedly told the Big XII that it will be free and clear to join that conference next year. WVU athletic director Oliver Luck says his department is focused on being in the Big XII next year and not concerned with the lawsuits. That could all be public posturing with negotiations going on behind the scene, but after briefly talking with Big East attorney Benjamin Block I get the feeling that the conference thinks it has a very good case against WVU and Block is a very good attorney with a history of legal victories representing the NFL."

 

[SubbaBub]

http://www.wvmetronews.com/sports.cfm?func=displayfullstory&storyid=49867&type=Shawn

"I get the sense that the Big East is not so willing to let the Mountaineers go for any amount of money and seem ready to fight it out until the bitter end.
If the Big East refuses to relent WVU could be placed in a very precarious position.
When you really think about it, the longer this legal battle wages on the better it is for the Big East. WVU has repeatedly told the Big XII that it will be free and clear to join that conference next year. WVU athletic director Oliver Luck says his department is focused on being in the Big XII next year and not concerned with the lawsuits. That could all be public posturing with negotiations going on behind the scene, but after briefly talking with Big East attorney Benjamin Block I get the feeling that the conference thinks it has a very good case against WVU and Block is a very good attorney with a history of legal victories representing the NFL."

The Big 12 is finding out that the operational mechanics of the Big East's is a painful thicket. You can only become more ensnared and it can be quite difficult to free yourself. The Big 12 needs enough votes to disband the football conference. Something that most of us know is impossible. Fortunately for the B12, the most a 9 team season will cost them is a few bucks. A minor inconveinence to most that Bevo's arrogance will find deliciously painful.

 

[arnie3]

What I get out of the filing is that the BE is saying that there must be a sense of fairness by all its members, and that WVU, by breaching its agreement to stay, is acting unfairly. WVU, as noted, help to draw up the 27 month agreement, and is now trying to circumvent it. The BE is asking WVU to live up to the agreement that they help impose. More than a money issue is the fact that the Conference had agreed to make it more difficult for a member to leave after the last set of departures.
WVU is also trying to say that TCU left without being held accountable for the 27 months, but the BE has countered by saying that since TCU never participated in the BE it only needed to pay the exit fee. Unless there is some other hidden escape clause, I believe that WVU has to remain put.
Even though money is at stake, the BE is in survival mode, and letting WVU go it believes would open the flood gates.

 

[freescooter]

The Falkenstein piece raises some very thorny issues for both leagues but especially the B-12, I think. Like what happens if their is no decision or the injuction requiring them to play in the Big East is granted, and my guess is that it could be. I think courts generally like to keep things status quo while litigation is proceeding. And in the event that the big East wins in say October or even in January, 2013, there is no reasonable way to send the Mountaineers back to the Big East mid-season or for 2013. I've actually been in somewhat analagous situations and every time the court has pretty much maintained the original status quo until either a decision is reached or the parties reach a settlement. and the Big East is correct. There isn't really a monetary damage that could be applied at this point to fill 8 teams schedules, particualry when that team is among the begger draws in the conference. For 2013, it might not be as critical. But for 2012 it really is. It seeems to me that the Mountaineers forgot something that most hunters and woodsmen know. An injured beast is a particulary dangerous one, especially when cornered.

 

[WhaleEER]

This becomes a lot more fun to follow when the B12 invites a few more BE Teams.

 

[BlueMAB]

This becomes a lot more fun to follow when the B12 invites a few more BE Teams.

I don't blame WVU for doing what they can to try and get out. But their fans have to admit their argument to be excused from the contract they agreed to is incredibly flimsy.

If you're in the Big XII next year, expect to be writing a big, fat, check to the Big East.

 

[CL82]

. There isn't really a monetary damage that could be applied at this point to fill 8 teams schedules, particualry when that team is among the begger draws in the conference.

That's exactly why the injunction will be granted.

It is interesting question as to how you enforce if WVU just decides to ignore it. Do you jail the university president and luck for contempt? Do Big East teams show up at WVU only to watch another game going on? Does ESPN ask for money back?

Stay tuned...

 

[buckley503]

This becomes a lot more fun to follow when the B12 invites a few more BE Teams.

Well if one happens to be UConn, I will be all in favor of dropping the lawsuit.

 

[huskypantz]

But their fans have to admit their argument to be excused from the contract they agreed to is incredibly flimsy.

Actually, that's pretty far from what they think. They believe BE has no case. They note that the BE is using "Marinatto affadavits" as evidence. They believe that WVU is an agent of the state and cannot be sued. And they believe that the RI case is going to be thrown out, the trial will be in WV and the home court advantage will give them the easy victory.

 

[nelsonmuntz]

That's exactly why the injunction will be granted.

It is interesting question as to how you enforce if WVU just decides to ignore it. Do you jail the university president and luck for contempt? Do Big East teams show up at WVU only to watch another game going on? Does ESPN ask for money back?

Stay tuned...

If the Big 12 is stupid enough to put WVU in the conference with unresolved open litigation, it likely becomes party to the lawsuit. That is essentially the definition of tortious interference. I have seen companies do some pretty stupid s*** over the years, but that kind of stupidity by the Big 12 would be epic.

 

[ctchamps]

What I get out of the filing is that the BE is saying that there must be a sense of fairness by all its members, and that WVU, by breaching its agreement to stay, is acting unfairly. WVU, as noted, help to draw up the 27 month agreement, and is now trying to circumvent it. The BE is asking WVU to live up to the agreement that they help impose. More than a money issue is the fact that the Conference had agreed to make it more difficult for a member to leave after the last set of departures.
WVU is also trying to say that TCU left without being held accountable for the 27 months, but the BE has countered by saying that since TCU never participated in the BE it only needed to pay the exit fee. Unless there is some other hidden escape clause, I believe that WVU has to remain put.
Even though money is at stake, the BE is in survival mode, and letting WVU go it believes would open the flood gates.

Pretty much sums things up. Besides the BE has Iggy's Doughboys as a precedent case for a preliminary injunction. Now that should put the fear of .... in any good mountain boy.

 

[BlueMAB]

Actually, that's pretty far from what they think. They believe BE has no case. They note that the BE is using "Marinatto affadavits" as evidence. They believe that WVU is an agent of the state and cannot be sued. And they believe that the RI case is going to be thrown out, the trial will be in WV and the home court advantage will give them the easy victory.

Then the stereotypes are true, and the state is filled with a bunch of bufoons.

They should stop "believing" and start "thinking".