Maryland’s $157 million counterclaim: ACC recruited B1G schools

[GopherHawk]

The Maryland Court actually did dismiss all of Maryland's claims to have been economically harmed by this move in any way citing that the Maryland President had bragged about how much better the move is financially for Maryland. Thus the Maryland court upheld the ACC's withholding the TV money, bowl revenue, etc. normaly paid to Maryland as offset until the case is resolved. The Maryland court stayed the rest of the Maryland case about the ACC bylaws and procedure.

This new lawsuit in North Carolina is repeating much of what the Maryland court tossed out about Maryland being harmed or inhibited by any anti trust situation.

So let me get this straight. Because Loh stated that Maryland is better off in the B1G that Maryland is not "Harmed" by the higher exit fee. But Swofford claiming they are better off with Louisville doesn't mean their leaving did no actual harm and therefore no damages.

Ya, ok.

If Maryland is better off in the B1G and the ACC is better off with Louisville why isn't the lawsuit dropped and the ACC send Maryland a thank you and a check.

 

[btstimpy]

So let me get this straight. Because Loh stated that Maryland is better off in the B1G that Maryland is not "Harmed" by the higher exit fee. But Swofford claiming they are better off with Louisville doesn't mean their leaving did no actual harm and therefore no damages.

Ya, ok.

If Maryland is better off in the B1G and the ACC is better off with Louisville why isn't the lawsuit dropped and the ACC send Maryland a thank you and a check.

Louisville isn't in the conversation. Louisville is not part of the ACC Lawsuit or the Maryland Lawsuit and is not named in either.
The legal questions are: "Is Maryland bound by the terms and conditions of the ACC Bylaws?" AND "Does the ACC Council of Presidents have the authority to set and amend those bylaws by the procedure and vote taken?"
Those are the questions related to the case. Nothing else. If the answer is determined to be yes, Maryland's paying. Then there will be a challenge to the amount, but first things first.
So far all of the other side show and smoke screen items about jurisdiction, venue, anti-trust, economic hardship, etc. that Maryland has by crying about in about the fourth courtroom now has been tossed.

 

[GopherHawk]

Maryland can be bound to the by laws and still not pay. You are intentional skipping the point of $52M being punitive and restricting of trade. Just because it passed does not make it legal.

Also the point of the fee was to protect the other members in case of a loss. Swofford has stated they are better off with Louisville so there is no loss. No real loss combined with an exit fee designed to be punitive is a bad place to be. Md is not paying $52. They may pay the original amount since it was passed according to the by-laws.

 

[Fishy]

I really don't see how UCONN can get shut out of a P5 conference.

What else has to happen to us for you to start to see it?

Three years ago, I couldn't see it. Then, I actually saw it.

 

[Fishy]

Also the point of the fee was to protect the other members in case of a loss. Swofford has stated they are better off with Louisville so there is no loss. No real loss combined with an exit fee designed to be punitive is a bad place to be. Md is not paying $52. They may pay the original amount since it was passed according to the by-laws.

The ACC can claim that their future network is harmed by losing a heavily-populated stretch of the mid-Atlantic and Washington DC and replacing it with a half a chunk of Kentucky.

Of course, if I were Maryland, I would pull a Perry Mason and call the Big East's dismembered corpse to the stand to testify to the ACC's past malfeasance.

 

[CL82]

I would submit that the Big East (aka the new Big East) knew exactly what it was doing and was intent to blow up the old Big East. Just look at the Tagliabue connection to G;Town and how it all shook out.

So you're saying the corpse that was stabbed, beaten, shot and then dismembered was a suicide....um, interesting theory.

 

[CL82]

OOOOH, THE CONSPIRACY GROOOOWS!!!! The Big East rejected a billion dollars. A billion. They made a decision, it blew up in their faces. That's on them.

This is checkers. Not chess.

Geez ZLS, you've over this tons of times with a lot of different posters. Without ESPN's money funding the ACC for carving up the Big East, it doesn't happen. It is what it is.

That's why Connecticut must never send another dollar ESPN's way ever again. That's why any politician who even suggests it will be voted out of office at the next election. ESPN took Connecticut taxpayers' money and then funded the destruction of the Big East leaving OUR university without a decent television contract. That's 20-30 million out of OUR pockets. They could change that tomorrow by just writing a check and it would barely put a dent in their obscene annual profits, but they won't. Every Connecticut taxpayer should remember that in the middle of an economic meltdown ESPN fleeced this state. They get nothing from us, not a dollar, not a zoning waiver, not a damn dog license! Nothing! #NEVERFORGET!

 

[Fishy]

So you're saying the corpse that was stabbed, beaten, shot and then dismembered was a suicide....um, interesting theory.

The Big East was not murdered, apparently.

It slipped and fell on a knife 37 times.

These things happen, I guess.

 

[btstimpy]

Maryland can be bound to the by laws and still not pay. You are intentional skipping the point of $52M being punitive and restricting of trade. Just because it passed does not make it legal.

Also the point of the fee was to protect the other members in case of a loss. Swofford has stated they are better off with Louisville so there is no loss. No real loss combined with an exit fee designed to be punitive is a bad place to be. Md is not paying $52. They may pay the original amount since it was passed according to the by-laws.

You're missing the point. Louisville is not relevant. Not relevant at all. That would be like a drunk driver hitting your car, killing your autistic child. Then the lawyer for that driver would be telling you that you are fine because you got pregnant right afterwards and nine months later had another child and are better off because that one is not autistic. You would have no pain for that first child. Don't think so. Louisville is not relevant.

 

[Fishy]

You're missing the point. Louisville is not relevant. Not relevant at all. That would be like a drunk driver hitting your car, killing your autistic child. Then the lawyer for that driver would be telling you that you are fine because you got pregnant right afterwards and nine months later had another child and are better off because that one is not autistic. You would have no pain for that first child. Don't think so. Louisville is not relevant.

You've just tortured an analogy - words are not your friends.

When you have a second child, you don't discard the first one. And if, heaven forbid, someone runs one over, even if you have a second, third, fourth and fifth, you are still minus one child.

Louisville was a direct replacement for Maryland.

 

[SAMCRO]

The ACC can claim that their future network is harmed by losing a heavily-populated stretch of the mid-Atlantic and Washington DC and replacing it with a half a chunk of Kentucky.

To hear our Director's Cup loving friend from Virginia and visitor from FSU tell it Maryland really had zero impact on delivering Baltimore or DC, just look at the attendance of their bowl game. Those areas were all covered by VT and UVa, so they didn't really lose that population base. Plus they added the booming methamphetamine and higher education capital of the region Louisville.

 

[Husky25]

Wow. That's one of the worst analogies I've ever heard.

 

[OkaForPrez]

Wait why was the child autistic?

 

[UConn990411]

Ah, the classic "your autistic kid got killed in a drunk driving accident so you're better off" analogy. Works every time.

 

[btstimpy]

Maryland can be bound to the by laws and still not pay. You are intentional skipping the point of $52M being punitive and restricting of trade. Just because it passed does not make it legal.

Also the point of the fee was to protect the other members in case of a loss. Swofford has stated they are better off with Louisville so there is no loss. No real loss combined with an exit fee designed to be punitive is a bad place to be. Md is not paying $52. They may pay the original amount since it was passed according to the by-laws.

The most likely outcome will be that Maryland will not receive any money from the ACC from the day it declared it was leaving. The ACC will get the judgement that Maryland is bound by the bylaws which includes an exit fee. The ACC will take the $33 million or so in offset it has collected and call it a day because it would require another suit to collect more. Maryland will leave.

 

[btstimpy]

Wait why was the child autistic?

I had to come up with some analogy to a broke basket case athletics department. So the child leaving had to have a diability. You can substitute any other disability for autism if you like.

 

[btstimpy]

To hear our Director's Cup loving friend from Virginia and visitor from FSU tell it Maryland really had zero impact on delivering Baltimore or DC, just look at the attendance of their bowl game. Those areas were all covered by VT and UVa, so they didn't really lose that population base. Plus they added the booming methamphetamine and higher education capital of the region Louisville.

No one has said that about Baltimore. VT and UVA will be covered in DC going forward and with them the ACC.

 

[btstimpy]

Ah, the classic "your autistic kid got killed in a drunk driving accident so you're better off" analogy. Works every time.

It is at least as compelling as what the Attorney General of Maryland presented to the North Carolina court earlier this week.

 

[Husky25]

I had to come up with some analogy to a broke basket case athletics department. So the child leaving had to have a diability. You can substitute any other disability for autism if you like.

I'm not necessarily offended because it's just words, but are you a parent? You'd be best served by dropping this analogy.

You might be correct and I enjoy your insight as a non-UConn allegiant, but I think you are showing the dark, tasteless side of your character and it is currently overshadowing your contributions.

Edit: No, my son is not autistic, but if he were and he were to be lost (non-secular Deity Forbid), it would be a loss far greater than the make up of a stupid college athletic conference.

 

[btstimpy]

You've just tortured an analogy - words are not your friends.

When you have a second child, you don't discard the first one. And if, heaven forbid, someone runs one over, even if you have a second, third, fourth and fifth, you are still minus one child.

Louisville was a direct replacement for Maryland.

Not if you never intended to have a second child. You only had it because you had to replace the first. And the lawyer for the driver is claiming you are better off with the second one.

 

[btstimpy]

I'm not necessarily offended because it's just words, but are you a parent? You'd be best served by dropping this analogy.

You might be correct and I enjoy your insight as a non-UConn allegiant, but I think you are showing the dark, tasteless side of your character and it is currently overshadowing your contributions.

Edit: No, my son is not autistic, but if he were and he were to be lost (non-secular Deity Forbid), it would be a loss far greater than the make up of a stupid college athletic conference.

I'm not picking on children with disabilities or even autism. The analogy is to what the Maryland attorney would be saying if he tries to make the argument that the Louisville replacement mitigates any damage caused by the Maryland exit. The parents loved the first child even with its disability. Replacing it with the second does not mitigate the damage caused by losing the first even if the second doesn't have a disability.

 

[Husky25]

I'm not picking on children with disabilities or even autism. The analogy is to what the Maryland attorney would be saying if he tries to make the argument that the Louisville replacement mitigates any damage caused by the Maryland exit. The parents loved the first child even with its disability. Replacing it with the second does not mitigate the damage caused by losing the first even if the second doesn't have a disability.

Do you think I don't know what you are trying to say? I get it, but that's not the point. Replace the concept of autistic kid with a three legged cat and I think the point goes over better.

 

[pj]

One of the reasons people have contracts is so you don't have to have arguments about who was damaged or undamaged. You just execute the contractual termination provisions.

However, if the issue is damages, I think we can agree on the following:
- Maryland was not damaged, in fact they are better off in the B1G.
- The ACC was not damaged, in fact ESPN increased the payoff to the ACC when they swapped Maryland for Louisville and ACC fans are glad to be rid of the violent Maryland fans
- UConn was damaged by Louisville's entry to the ACC.

Therefore, I propose that in equity, Maryland and the ACC should both pay UConn ungodly sums of money.

 

[pj]

I'm not picking on children with disabilities or even autism. The analogy is to what the Maryland attorney would be saying if he tries to make the argument that the Louisville replacement mitigates any damage caused by the Maryland exit. The parents loved the first child even with its disability. Replacing it with the second does not mitigate the damage caused by losing the first even if the second doesn't have a disability.

Of course, then there was Maryland's loss in having a conference it loved with a $20 mn exit fee replaced by a conference it despised with a $52 mn exit fee, by a 10-2 vote against its will. Surely Maryland deserves compensation for losing the conference with a $20 mn exit fee, even if it gained a conference with a $52 mn exit fee in return. Replacing the old exit fee with the new one does not mitigate the damage caused by losing the first.

 

[John Greene]

What's not to like about the BY? Where else can you go to get an education on all of the following:

1. Comparative religions
2. Constitutional Law
3. Antitrust Law
4. Business strategy for media companies
5. Parental grief mitigation strategies

And, all of this from experts in the fields, with no finals to worry about! UPhoenix has nothing on us.