State of the Suit

[Scalito]

Some updated reporting on the the state of the lawsuits between West Virginia and the Big East. Best quote:

WVU attorneys pressed Clawges to fast-track the West Virginia lawsuit, saying the university needs a resolution by June 30.

"We need to know whether we're going to stay or go," said WVU lawyer Stephen LaCagnin. However, Clawges was doubtful such a timeline can be met.

"My immediate reaction is ... it ain't gonna happen," the judge said.

I have not read the legal briefs and have no idea whether there is a legally required forum for this to be resolved. Would love to see the briefs if someone else has a link. But, still, it doesn't sound like the home town judge is too keen on home-towning the Big East.

 

[gars44]

Some updated reporting on the the state of the lawsuits between West Virginia and the Big East. Best quote:

WVU attorneys pressed Clawges to fast-track the West Virginia lawsuit, saying the university needs a resolution by June 30.

"We need to know whether we're going to stay or go," said WVU lawyer Stephen LaCagnin. However, Clawges was doubtful such a timeline can be met.

"My immediate reaction is ... it ain't gonna happen," the judge said.

I have not read the legal briefs and have no idea whether there is a legally required forum for this to be resolved. Would love to see the briefs if someone else has a link. But, still, it doesn't sound like the home town judge is too keen on home-towning the Big East.

I saw that WV filed a motion to dismiss in the RI suit claiming sovereign immunity - that WVU can't be sued in any state or federal court because it is essentially the state, and I don't know the rest. I think it's BS because the university is not the state, and to say it is is just plain BS. The school is not the state. It is not a state agency. It entered into a contract with other entities, and it can be sued wherever jurisdiction lies. But what do I know?

 

[Scalito]

I saw that WV filed a motion to dismiss in the RI suit claiming sovereign immunity - that WVU can't be sued in any state or federal court because it is essentially the state, and I don't know the rest. I think it's BS because the university is not the state, and to say it is is just plain BS. The school is not the state. It is not a state agency. It entered into a contract with other entities, and it can be sued wherever jurisdiction lies. But what do I know?

Your logic is sound, as far as I am conncerned...

 

[flyonthewall]

Your logic is sound, as far as I am conncerned...

Rich Rodriguez thought the same thing and a Federal court said that WVU can only be sued in WV: http://sports.espn.go.com/ncf/news/story?id=3240729

 

[HuskyHawk]

I saw that WV filed a motion to dismiss in the RI suit claiming sovereign immunity - that WVU can't be sued in any state or federal court because it is essentially the state, and I don't know the rest. I think it's BS because the university is not the state, and to say it is is just plain BS. The school is not the state. It is not a state agency. It entered into a contract with other entities, and it can be sued wherever jurisdiction lies. But what do I know?

It's effectively the state. But that doesn't mean it can't be sued outside the state, in federal court. We would need to know what is in the contract, and whether the state waives sovereign immunity from suit or liability when entering into commercial contracts (varies by state).

 

[arnie3]

It's effectively the state. But that doesn't mean it can't be sued outside the state, in federal court. We would need to know what is in the contract, and whether the state waives sovereign immunity from suit or liability when entering into commercial contracts (varies by state).

Isn't the contract effectively "interstate commerce"? I think that the ruling will have to come from a federal court. Also, I think that the judge is hoping for an out of court settlement (he stated as much) which could be in WVU's best interest. The BE, on the other hand will try and string this out for as long as it can, which is in their best interest. It will be interesting if on July 1, 2012 nothing is settled. What does the BigXII do? Make UM stay to keep 10 members and avoid losing money from their TV contract?
Also, being a bit cynical, I don't think that at that point OU or Texas care who the 10th member is- just get somebody into the Conference!

 

[uconnric]

Some updated reporting on the the state of the lawsuits between West Virginia and the Big East. Best quote:

WVU attorneys pressed Clawges to fast-track the West Virginia lawsuit, saying the university needs a resolution by June 30.

"We need to know whether we're going to stay or go," said WVU lawyer Stephen LaCagnin. However, Clawges was doubtful such a timeline can be met.

"My immediate reaction is ... it ain't gonna happen," the judge said.

I have not read the legal briefs and have no idea whether there is a legally required forum for this to be resolved. Would love to see the briefs if someone else has a link. But, still, it doesn't sound like the home town judge is too keen on home-towning the Big East.

Makes you wonder if WV's invite goes up in smoke if they can't commit by June 30?

 

[Hoophound]

Makes you wonder if WV's invite goes up in smoke if they can't commit by June 30?

I think it just means "is WVU going to leave the Big East now or after the waiting period".

 

[Jericho]

It's effectively the state. But that doesn't mean it can't be sued outside the state, in federal court. We would need to know what is in the contract, and whether the state waives sovereign immunity from suit or liability when entering into commercial contracts (varies by state).

I believe Texas Tech got most of Mike Leach's claims against the school dismissed for sovereign immunity reasons. So there is a basis for raising the claim. West Virginia and Texas are different states with their own laws. And there's also whatever West Virginia agreed to by joining the Big East. But I suppose its possible.

 

[HuskyHawk]

I believe Texas Tech got most of Mike Leach's claims against the school dismissed for sovereign immunity reasons. So there is a basis for raising the claim. West Virginia and Texas are different states with their own laws. And there's also whatever West Virginia agreed to by joining the Big East. But I suppose its possible.

Both he and Rich Rod were employees. This is a commercial contract with an association operating across state lines, and which has, as members, three other states.