Being a dork, I read the complaints. Obviously the venue matters, but the FSU complaint is pure dog$#*t. Lots of colorful language, but not much in the way of legally actionable claims. They make a pretty weak attempt to set up a claim of duress and breach of fiduciary duty. In a neutral setting, I’m not sure those survive a motion to dismiss. Maybe their competition-based claims have merit — I don’t know enough on that topic to say one way or the other. The ACC’s complaint is far better. Sets out a clear timeline and articulation for the relief they are seeking.
Still, I don’t think the ACC gets specific enforcement of the GOR. Exiting a GOR has always been about determining damages, and everyone that has looked at trying to break one has determined that it would be too expensive. My guess is they win, but their remedy is damages if FSU decides to leave.
Whoever suggested that FSU could try to argue that the GOR can’t be enforced against a state entity, that’s a loser of an argument. They warranted to the conference and its members that the agreement could be enforced against them. If they make that claim, then the ACC sues for breach of warranty, and the damages are pretty easy to calculate.
I’d love to see the chaos of FSU leaving the ACC without consequence. I don’t think it’s likely.