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Message: [QUOTE="billybud, post: 4962898, member: 3850"] From Nole source... -- Judge says this decision to not stay doesn't indicate he believes FSU will win the overall lawsuit. But he does believe the ACC was "forum shopping," and he's not going to use that as a reason to give them jurisdiction where they want it. The First to File will not sway him...he cited precedent cases regarding anticipatory filings. -- FSU attorneys pointing out that the Grant of Rights was not ratified by the Board of Trustees because Swofford didn't want to present it to the board. Because it would be public record. Judge responds that the ACC is going to argue that FSU took the money from the conference for all these years. -- FSU argues the judge in North Carolina made a mistake when he applied a NC statute that allowed him to determine FSU waived its sovereign immunity when it joined the ACC. That statue was enacted in 2006, while FSU joined the ACC 15 years earlier. Says they can't be held to that. -- FSU attorneys saying that when they went to North Carolina to look at the ESPN Agreements, it states the rights to future games only apply when a school is a member. (Which goes to the Clemson lawsuit and FSU's amended lawsuit ... that once a school leaves, their rights go with them.) -- ACC attorney says Florida courts wouldn’t be able to subpoena former Commissioner John Swofford if the suit is tried in Florida because he’s a NC resident. One more reason he says case should be in Notth Carolina. Judge Cooper says depositions can be done anywhere. [/QUOTE]

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