Maryland Lawsuit

[TRest]

Why would the ACC want somebody back that they can't trust? Maryland's negotiation with the Big Ten was done under non-disclosure where it came very close to or probably did violate Maryland law. Then Maryland proceeded to publicly say that they did not intend to follow the bylaws of the ACC on their way out. Nothing Maryland did was on the up and up, and the Big Ten was culpable in some of it. I don't see the ACC taking Maryland back. The ACC has already replaced Maryland.

The ACC has grabbed a bunch of schools that they shouldn't trust, if the first raid of the BE taught you anything. Cheating spouses can't bitch when somebody cheats on them.

 

[Carl Spackler]

The ACC is bumbling. Like...look at everything its done since 2003 has been about simply not becoming the old Big East. With the recent revelations about the would-be ACC Network likely not happening due to the stupid digital rights deal Swofford made with Raycom (his son is the Dir. of the New Digital Media department), it's clear that the ACC is still very much the same ole ACC. He's done nothing but made short-sighted decisions that really only impact Duke and Carolina. Fans at Clemson and Florida State, et al have a right to be upset that their school signed onto a GoR that doesn't make very much sense for their schools. As a Maryland fan, I'll miss the old ACC, the 9-member ACC. This new ACC + old Big East conglomerate can kick rocks.

You should know that in 2014, the ACC will consist of more former and/or original Big East members, than original ACC members.

THe ACC has become the Big East - minus the most successful athletic department in Big East history.

 

[Dann]

You should know that in 2014, the ACC will consist of more former and/or original Big East members, than original ACC members.

THe ACC has become the Big East - minus the most successful athletic department in Big East history.

The acc has the big east accept for its best bball program(uconn) and its best fball program(wvu). The acc likes pan flashes and private dregs who know there places. The end result is the same thing as always. UNC and duke bball and FSU and Clem fball and no depth. Acc gonna acc.

 

[Carl Spackler]

...and they're wearing the Notre Dame albatross around their necks.

 

[upstater]

Why would the ACC want somebody back that they can't trust? Maryland's negotiation with the Big Ten was done under non-disclosure where it came very close to or probably did violate Maryland law. Then Maryland proceeded to publicly say that they did not intend to follow the bylaws of the ACC on their way out. Nothing Maryland did was on the up and up, and the Big Ten was culpable in some of it. I don't see the ACC taking Maryland back. The ACC has already replaced Maryland.

This is an interesting point-of-view. If Maryland says it can't afford the exit fee to leave, and that though it never agreed to the fee in the first place, it doesn't have the means to leave the ACC, is the ACC going to throw it out? Reminds me of someone I know who was banned from doing committee work because he was too disruptive.

 

[B1GALUM]

As a Maryland fan, I'll miss the old ACC, the 9-member ACC. This new ACC + old Big East conglomerate can kick rocks.

Welcome to the B1G. I hope you enjoy being a member of the conference. I hope our UConn friends will eventually get an invite as well; since the B1G has decided to become a two region conference then, in my opinion, it needs to add more schools from the east and get the schools that best represent the region.

 

[IthacaMatt]

Why subject yourself to penalty sooner than necessary?

The lawsuit should have stayed any actual payment by MD until it's settled in court. All that's happening right now is the ACC is withholding any payments to MD as offsets against their exit fee, just like the Big East did with pretty much everyone.

 

[btstimpy]

This is an interesting point-of-view. If Maryland says it can't afford the exit fee to leave, and that though it never agreed to the fee in the first place, it doesn't have the means to leave the ACC, is the ACC going to throw it out? Reminds me of someone I know who was banned from doing committee work because he was too disruptive.

Actually the ACC exit fee is the creation of Dr. Wallace Loh of Maryland. His motion put it in place at $20 million in the first place in 2011. The more interesting question is "When did Dr.Wallace Loh sign the Non-Disclosure with the Big Ten?" "Before his 2012 vote not to increase the fee or after?"

The ACC didn't throw Maryland out. Maryland has announced its intention to leave. And Dr. Wallace Loh was fully disclosed on the amount of the exit fee before making his announcement.

 

[upstater]

Actually the ACC exit fee is the creation of Dr. Wallace Loh of Maryland. His motion put it in place at $20 million in the first place in 2011. The more interesting question is "When did Dr.Wallace Loh sign the Non-Disclosure with the Big Ten?" "Before his 2012 vote not to increase the fee or after?"

The ACC didn't throw Maryland out. Maryland has announced its intention to leave. And Dr. Wallace Loh was fully disclosed on the amount of the exit fee before making his announcement.

I think you're missing my point. You wrote: "I don't see the ACC taking Maryland back. The ACC has already replaced Maryland" If Maryland says "We're staying," what is the ACC going to do? Throw them out?

 

[btstimpy]

Maryland went through the same process every other university that's switched conferences in the last decade went through. It decided to leave, then said...oh, well we really don't think we owe the ACC over $50mm in damages, so they went to court. What's not on the up and up about that? It's the same process Connecticut would have gone through if it were asked to join another conference.

I've yet to see any University go to court to get out of paying the exit fee that the same University got added to the bylaws of its conference in the first place like Maryland is doing. I've seen Universities negotiate higher exit fees to leave their respective conferences early (i.e. WVU, Syracuse , and Pitt), but have not seen a case like this one. And there still is not full disclosure of the terms of what Maryland has agreed to join in the Big Ten. They have not been able to produce anything despite freedom of information act requests. The Board of Regents weren't even voting on anything in writing when they voted, just projected figures. You call that up and up?

 

[btstimpy]

I think you're missing my point. You wrote: "I don't see the ACC taking Maryland back. The ACC has already replaced Maryland" If Maryland says "We're staying," what is the ACC going to do? Throw them out?

If I were a betting man and there is a provision for expulsion in the ACC bylaws, I would bet yes. But they wouldn't before securing the $52 million one way or another.

 

[upstater]

If I were a betting man and there is a provision for expulsion in the ACC bylaws, I would bet yes. But they wouldn't before securing the $52 million one way or another.

You can't expel and take $52 million.

 

[btstimpy]

You can't expel and take $52 million.

I don't think it will come to that. Maryland has stated publicly, or at least their AD Anderson has, that the Big Ten projections are so big that it will cover the $52 million anyway. They are leaving.

 

[CL82]

Why would the ACC want somebody back that they can't trust? Maryland's negotiation with the Big Ten was done under non-disclosure where it came very close to or probably did violate Maryland law. Then Maryland proceeded to publicly say that they did not intend to follow the bylaws of the ACC on their way out. Nothing Maryland did was on the up and up, and the Big Ten was culpable in some of it. I don't see the ACC taking Maryland back. The ACC has already replaced Maryland.

1) Well, if you think a GOR is binding, then if Maryland grants one, their potential departure is a non-issue.
2) Regarding the ACC not taking them back, now that would that be interesting. Maryland stipulates it will not leave if the ACC restores full rights, benefits and payments due to them. If the ACC refuses, their claim for damages goes out the window since any damages could be 100% mitigated. Interesting, no?

 

[CL82]

The lawsuit should have stayed any actual payment by MD until it's settled in court. All that's happening right now is the ACC is withholding any payments to MD as offsets against their exit fee, just like the Big East did with pretty much everyone.

Ah but the Big East did that after the schools gave notice, not prior. Big difference.

 

[UConn9604]

Actually the ACC exit fee is the creation of Dr. Wallace Loh of Maryland. His motion put it in place at $20 million in the first place in 2011. The more interesting question is "When did Dr.Wallace Loh sign the Non-Disclosure with the Big Ten?" "Before his 2012 vote not to increase the fee or after?"

The ACC didn't throw Maryland out. Maryland has announced its intention to leave. And Dr. Wallace Loh was fully disclosed on the amount of the exit fee before making his announcement.

Here's something that I think you're missing. Before all 12 ACC schools walked into a meeting, the penalty for leaving was $20 million. At the meeting, the proposal was voted upon to increase the exit fee to $52 million.

What option does Maryland have if it doesn't like the $52 million fee? Because 10 ACC schools voted "yes," Maryland's exit fee went up by $32 million. Are you saying that there was nothing Maryland could do except take it? That's not going to fly very well, for what it's worth.

 

[Fishy]

I think the disposition of the lawsuit is basically meaningless at this point.

Maryland will leave and will pay some amount of money, but it won't have an effect on future expansion.

 

[btstimpy]

Here's something that I think you're missing. Before all 12 ACC schools walked into a meeting, the penalty for leaving was $20 million. At the meeting, the proposal was voted upon to increase the exit fee to $52 million.

What option does Maryland have if it doesn't like the $52 million fee? Because 10 ACC schools voted "yes," Maryland's exit fee went up by $32 million. Are you saying that there was nothing Maryland could do except take it? That's not going to fly very well, for what it's worth.

Unanimous votes are not required to amend the bylaws. There are rules for how many affirmative votes are required to pass bylaws. Unanimous votes are not required in the court system either, and the judges should understand this.

 

[btstimpy]

1) Well, if you think a GOR is binding, then if Maryland grants one, their potential departure is a non-issue.
2) Regarding the ACC not taking them back, now that would that be interesting. Maryland stipulates it will not leave if the ACC restores full rights, benefits and payments due to them. If the ACC refuses, their claim for damages goes out the window since any damages could be 100% mitigated. Interesting, no?

I see your point, but I find it hard to believe that Maryland is going to start petitioning the ACC to remain in the ACC at this point. Technically could they? Sure. But not likely.

 

[CL82]

I see your point, but I find it hard to believe that Maryland is going to start petitioning the ACC to remain in the ACC at this point. Technically could they? Sure. But not likely.

They don't have to petition. They have a choice. If they don't give their notice, they are in.

So the question is - is B1G membership worth $52 mil more than the new ACC deal? There is some very interesting options available to Maryland and tough choice left to the ACC.

 

[huskymedic]

Actually the ACC exit fee is the creation of Dr. Wallace Loh of Maryland. His motion put it in place at $20 million in the first place in 2011. The more interesting question is "When did Dr.Wallace Loh sign the Non-Disclosure with the Big Ten?" "Before his 2012 vote not to increase the fee or after?"

Non-Disclosure "dated"Oct 2' 2012.

http://www.washingtonpost.com/blogs...aa35c52-6ed8-11e2-aa58-243de81040ba_blog.html

Vote was in September... http://www.washingtonpost.com/blogs...83ff014-fe12-11e1-8adc-499661afe377_blog.html

If you believe there wasn't a draft NDA floated around before September...

 

[The Funster]

Fascinating scenario. An AD that was hemorrhaging $ would have to fork over $52M and get by on reduced payments from the B1G. If MD says that they aren't leaving? I can't see it happening but, damn, that would be as funny as all get out.

 

[btstimpy]

They don't have to petition. They have a choice. If they don't give their notice, they are in.

So the question is - is B1G membership worth $52 mil more than the new ACC deal? There is some very interesting options available to Maryland and tough choice left to the ACC.

Maryland could try that sure. But then they open themselves up to a ton of procedural votes to change the ACC Bylaws that could add some very interesting language to the bylaws involving Maryland specifically that Maryland might not like in addition to legal action by the Big Ten. And the votes would be there to do it. Maryland will be best served by paying the $52 million and joining the Big Ten in 2014. The ACC has already replaced them, and the Big Ten is already incorporating them. They should fulfill their legal obligation and move.

 

[djct1999]

Maryland could try that sure. But then they open themselves up to a ton of procedural votes to change the ACC Bylaws that could add some very interesting language to the bylaws involving Maryland specifically that Maryland might not like in addition to legal action by the Big Ten. And the votes would be there to do it. Maryland will be best served by paying the $52 million and joining the Big Ten in 2014. The ACC has already replaced them, and the Big Ten is already incorporating them. They should fulfill their legal obligation and move.

lol, yeah ok. .... the acc, since they already replaced them, should drop the $52 million fee and let maryland go for free. whats next? should they forfeit their 2002 basketball championship and give it to duke as part of the exit strategy.

 

[specialisthusky]

Maryland could try that sure. But then they open themselves up to a ton of procedural votes to change the ACC Bylaws that could add some very interesting language to the bylaws involving Maryland specifically that Maryland might not like in addition to legal action by the Big Ten. And the votes would be there to do it. Maryland will be best served by paying the $52 million and joining the Big Ten in 2014. The ACC has already replaced them, and the Big Ten is already incorporating them. They should fulfill their legal obligation and move.

I'm going to have to disagree with you on that one. The ACC is best served. I find it highly unlikely Maryland takes a judgement in this case and the ACC is awarded the full $52 mil...so do they, which is why they are in a legal battle. This is alot of money we are talking. If UMD racks up $20mil in legal fees fighting this but gets the exit fee down to $20mil it is still worth it to UMD and just cost the ACC alot of money.