If their entire basis of collusion claim is Mean gene's quote...that's not gonna do it.
It is also the door to all sorts of discovery, even if it results in no further evidence. As others have noted, not a door Swofford and ESPN would wish to open.As I've said for years, that quote itself is admissable as an admission against interest and gets you past summary judgment. What you can get a jury to believe at trial, who knows. Who ever knows.
I'm no lawyer, but I think the Big East (er American) is safe since this was negotiated as part of the early exit and those schools retaining the rights to the Big East name, etc.View attachment 4765
It is bad for Connecticut, if this issue is decided in Maryland's favor, although maybe not since the Big East's withholding was pursuant to a settlement agreement and in lieu of exit fees.
It was a 10-2 vote by the ACC Council of Presidents to raise the exit fee. FSU was the other dissenter.
What is required, 2/3? 3/4?
Is part of Maryland's suit that the exit fee has to be reasonable in nature
NW and Penn St are my guess for the 2 B1G targets. We had heard about PSU in the past. NW from a smaill private school pov that fits with other ACC schools and gets them a local team for ND to play in all other sports (no way they're getting OSU, UM, MSU to come, and no way would their targets be IU, PU, UI or anyother B1G schools this side of the Mississippi.
What I'm saying is that even in a contract, all things are negotiable. The Big East negotiated with the three leaving schools because there was no way WVU was going to honor its contract. Just as there is no way Maryland is going to end up paying the full exit fee.All three negotiated with the Big East to pay more money to the Big East to shorten the 27 months. The ACC isn't actually asking Maryland to pay more than the bylaws state. Maryland didn't try to leave early.
Now I think Rutgers is suing the AAC to pay less than is specified in the AAC bylaws. Louisville has already negotiated their exit, but I think Rutgers is trying to get out of their obligations to the AAC. I haven't looked at that lawsuit in a while.
What I'm saying is that even in a contract, all things are negotiable. The Big East negotiated with the three leaving schools because there was no way WVU was going to honor its contract. Just as there is no way Maryland is going to end up paying the full exit fee.
We screamed 'til we were blue in the face, "but the contract clearly states...!" just like you are. In the end, it didn't matter then and it wont now. Right or wrong, Maryland will get out for much less.
If their entire basis of collusion claim is Mean gene's quote...that's not gonna do it.
That goes out the window when ESPN was advising the ACC to add Big East schools...while it still had a contract with the Big East.Which was always my point on this. There's a difference between consulting on a revenue question and scheming behind the scenes to destroy something while simultaneously offering it a billion dollars.
True, but it will be interesting to see what surfaces in discovery.
Agree with 1 and 2.1) I don't see any reason why ESPN would be nervous. Advising a business partner is hardly the stuff of scandal and it's not like anyone is going to turn down their money because they once advised poaching of their membership. Hell, they actually engineered the destruction of our conference and here we are.
2) My guess is Indiana and Penn State. They had to aim low and those two make the most sense - Purdue and Northwestern are my two darkhorses.
3) I don't see this as evidence of the ACC wanting to go to 16 - it looks more like a reactionary move in the moment. If anything, it's pretty clear that the ACC operates on something other than clear, cold logic.
Agree Dan.I'm no lawyer, but I think the Big East (er American) is safe since this was negotiated as part of the early exit and those schools retaining the rights to the Big East name, etc.
Either way, I would imagine this won't go to trial and there will be a settlement in 20 minutes (er 6 months).
If emails, memos and the like show that they knowingly funded the destruction of the Big East the ramifications would be huge. The narrative would be that of a heartless corporation sticking it's defiling the vestigial virgin that is college sports. Think Congressional hearings, anti trust suits and the like. It would be the perfect narrative for every politico to spout off on. They should be concerned. I suspect that they will 'advise their partners' to make the whole thing go away.1) I don't see any reason why ESPN would be nervous. Advising a business partner is hardly the stuff of scandal and it's not like anyone is going to turn down their money because they once advised poaching of their membership. Hell, they actually engineered the destruction of our conference and here we are.
The three-pod concept is insane - I have to imagine it was invented here.
The biggest roadblock right now to a 16-team ACC is Notre Dame.
They won't go to 15 and I just don't see them adding two more teams without one of them being Notre Dame.
There's just no one to add outside of UConn. (Does anyone actually think Cincinnati will ever have a chance of going to the ACC?)
Ugh. That is sad. I think I'll go to bed now.I agree that the ACC is staying put, but I disagree that UConn is the only choice out there. I think Cincy would get in to the ACC at this point. You can't put the "academic" toothpaste back in the tube with the ACC's Louisville addition. They squirted that stuff all over the mirror, the toilet seat and put some on Duke's toilet paper just because to be a [fill in word that would be filtered]. Add in the fact that we are just loathed and I think USF/UCF, Memphis, Appalachian State, UNH, William and Mary and a few others have a better chance of getting in to the ACC than us (only a slight exaggeration). I think we'd have to see a mass exodus from the ACC to get a call. I truly feel that if ND agrees to become a football member, Cincinnati gets the call over us.
Insane or not is immaterial. I'm for anything that will get UConn out of this sh!thole.Fishy said:The three-pod concept is insane - I have to imagine it was invented here. The biggest roadblock right now to a 16-team ACC is Notre Dame. They won't go to 15 and I just don't see them adding two more teams without one of them being Notre Dame. There's just no one to add outside of UConn. (Does anyone actually think Cincinnati will ever have a chance of going to the ACC?)
That goes out the window when ESPN was advising the ACC to add Big East schools...while it still had a contract with the Big East.
Not sure why you continue to overlook this point.
So Pitt has essentially had its hands inside three conferences in the past couple years. What s
I didn't realize the ACC contracted ESPN to be its consultant on conference realignment.If the ACC goes to ESPN "we are considering adding schools X and Y, what are their valuations in your opinion", and ESPN responds with the dollar figure...that isn't saying "ADD THESE TEAMS AND SCREW UP OUR OTHER CONTRACT!"
It's answering the question that's asked. Maybe the Big East should have asked if the ACC was mentioning any of their teams to ESPN.
And you know they didn't, and weren't lied to? Just saying.If the ACC goes to ESPN "we are considering adding schools X and Y, what are their valuations in your opinion", and ESPN responds with the dollar figure...that isn't saying "ADD THESE TEAMS AND SCREW UP OUR OTHER CONTRACT!"
It's answering the question that's asked. Maybe the Big East should have asked if the ACC was mentioning any of their teams to ESPN.