The Big East takes it in the chin in the WVA courtroom

[Rumrunner]

"The relevant actions related to the case did not all happen in Rhode Island or West Virginia and there is no reason that Rhode Island serves a more useful venue than West Virginia, Clawges said.

"The private interest of WVU and the public interest of the state of West Virginia clearly predominate in favor of the action remaining in the state of West Virginia," the order reads. "The only reason for the action to be moved to an alternate forum is the private interest of the Big East, who wants the action moved to the forum of its location"

http://mobile.wvmetronews.com/index.cfm?func=viewStory&storyid=50701

The sad thing is, the judge is correct. The Big East is incorporated in D.C., with only one school in Rhode Island. And the big kicker, the constitution didn't have a forum selection clause. Oooopsie.

 

[gioff23]

The really sad thing is to understand how judges such as this one in particular get to (and retain) their seat.

 

[SAMCRO]

We're people really expecting a change of venue to be granted?

 

[UConnSportsGuy]

So let me get this straight....this case is going to be:

1. Tried in a WV state court
2. In a court located in Morgantown, WV (next to the WVU campus)
3. By a judge who's job is to protect the laws and interests of West Virginia (the state would be significantly harmed by WVU having to pay large damages or forced to stay in the BE)
4. And a judge who is elected by the people of his county (there is no way he would be re-elected if deciding against WVU in this....and we all saw how the locals treated RichRod when he spurned the State U).
5. And a judge who is a WVU alumni for both his undergraduate degree and Law Degree.

Not liking our chances here!

How is that not a conflict of interest? And how is this not a federal case given the interstate commerce? This case has to end up in the Federal System...no?!

 

[uconnfan68]

"The relevant actions related to the case did not all happen in Rhode Island or West Virginia and there is no reason that Rhode Island serves a more useful venue than West Virginia, Clawges said.

"The private interest of WVU and the public interest of the state of West Virginia clearly predominate in favor of the action remaining in the state of West Virginia," the order reads. "The only reason for the action to be moved to an alternate forum is the private interest of the Big East, who wants the action moved to the forum of its location"

http://mobile.wvmetronews.com/index.cfm?func=viewStory&storyid=50701

The sad thing is, the judge is correct. The Big East is incorporated in D.C., with only one school in Rhode Island. And the big kicker, the constitution didn't have a forum selection clause. Oooopsie.

Just dump them right now. No basketball, no other sports. No conference tournaments. Buh-bye.

 

[pepband99]

"in the chin?"

 

[CTGoonie]

"Just dump them right now. No basketball, no other sports. No conference tournaments. Buh-bye."

Seriously. Why can't this happen? They breach their contract with the BE so the BE just kicks them out now. It would suck for the players but that's their administrations doing. It would also send a message to SU and Pitt.

 

[06029]

"Just dump them right now. No basketball, no other sports. No conference tournaments. Buh-bye."

Seriously. Why can't this happen? They breach their contract with the BE so the BE just kicks them out now. It would suck for the players but that's their administrations doing. It would also send a message to SU and Pitt.

If the BE kicks them out, they are not part of the BE and therefore are essentially an independent. Then they would have the right to go to the Big 12 without paying anything to the BE. No exit fee, no early exit cash, nothing. And the message to Pitt and SU is make enough noise and get out free.

If your premise is that the BE keep them in the conference but not provide them with any games in the BE, you can not really see that working do you? Talk about being on the wrong end of the stick. Your mommy probably taught you this, but, two wrongs do no make a right (but 3 lefts do). You also create a huge scheduling issue for BE FB,

 

[CTGoonie]

Good point. I guess I didn't think that through all the way....

 

[weyuo]

If they want to leave early let them pay the exit fee plus whatever revenue is lost trying to schedule another school in their place and let them be on their way. The Big East doesn't need to look petty and cheap just because WVU wants to see if the grass is greener someplace else. You can't make someone stay at your party if they don't want to be there anymore. Take the ones that do want to be here and march on.

 

[Jericho]

So let me get this straight....this case is going to be:

1. Tried in a WV state court
2. In a court located in Morgantown, WV (next to the WVU campus)
3. By a judge who's job is to protect the laws and interests of West Virginia (the state would be significantly harmed by WVU having to pay large damages or forced to stay in the BE)
4. And a judge who is elected by the people of his county (there is no way he would be re-elected if deciding against WVU in this....and we all saw how the locals treated RichRod when he spurned the State U).
5. And a judge who is a WVU alumni for both his undergraduate degree and Law Degree.

Not liking our chances here!

How is that not a conflict of interest? And how is this not a federal case given the interstate commerce? This case has to end up in the Federal System...no?!

If the judge is a WVU grad, one can always request he be recused. I would also think there would be a pretty compelling reason to try and remove this to federal court, even if its federal court in West Virginia. If the University of West Virginia is the alter ego of the state, why not fold in another state University (like UConn) and push the state v. state claim into federal court?

Although let's be fair. This has always been about tying to reach some settlement and resolve this prior to actual hearings.

 

[Danzz]

So let me get this straight....this case is going to be:

1. Tried in a WV state court
2. In a court located in Morgantown, WV (next to the WVU campus)
3. By a judge who's job is to protect the laws and interests of West Virginia (the state would be significantly harmed by WVU having to pay large damages or forced to stay in the BE)
4. And a judge who is elected by the people of his county (there is no way he would be re-elected if deciding against WVU in this....and we all saw how the locals treated RichRod when he spurned the State U).
5. And a judge who is a WVU alumni for both his undergraduate degree and Law Degree.

Not liking our chances here!

How is that not a conflict of interest? And how is this not a federal case given the interstate commerce? This case has to end up in the Federal System...no?!

What difference does it really make? WVA is leaving so just them go.

 

[UConnSportsGuy]

What difference does it really make? WVA is leaving so just them go.

And do what with the Big East schedule in 2012? Are we just going to play 11 games (and only 5 home games)?

 

[uconnfan68]

If the BE kicks them out, they are not part of the BE and therefore are essentially an independent. Then they would have the right to go to the Big 12 without paying anything to the BE. No exit fee, no early exit cash, nothing. And the message to Pitt and SU is make enough noise and get out free.

If your premise is that the BE keep them in the conference but not provide them with any games in the BE, you can not really see that working do you? Talk about being on the wrong end of the stick. Your mommy probably taught you this, but, two wrongs do no make a right (but 3 lefts do). You also create a huge scheduling issue for BE FB,

I don't have the faith you do in the justice system. I don't see them paying anything, and getting their own way on top of it. Dump them now, and they lose a year in a bunch of sports. It's the least we can do.

 

[huskyjawz]

Where the heck is biz law to tell us the ramifications of this ruling?

 

[06029]

I don't have the faith you do in the justice system. I don't see them paying anything, and getting their own way on top of it. Dump them now, and they lose a year in a bunch of sports. It's the least we can do.

This has nothing to do with the judicial system but has to do with reality. If the BE says you must abide by the agreement but we are scheduling no games in conference for your school for the next 27 months, you can not leave the conference for 27 months and you can not schedule anyone else, do you really think that would work? The BE would have no power over WVU filling their schedules any way they want, including with a full Big 12 schedule in all sports, WVU would have a real reason to sue the BE for their breach of contract, get paid all income it is due from the BE as they remain a conference member (plus likely damages) and the BE would still be short an active FB member leaving effectively 7 teams in the conference. So then your TV partners start reducing their payout to the conference too. Your kick them out scenario is the only scenario where WVU gets everything they want plus some they have not asked for and the BE loses more money.

Best resolution, get 3x the cost of whatever it takes to get Boise in the BE in 2012 from WVU plus the original exit fee and let them go on their way. Let SU and Pitt leave in 2013 for the original exit fee as all the new teams will be in conference by that time (except Navy) and see what you can do to build B1G/Pac12 alliance with some other conference.

 

[John Greene]

I see this inter conference alliaance ala B1G/Pac12 as a big stumbling block for the BE in the future. I can't see a logical partner for the BE other than the Big#?. Yet the current WVU situation makes an aliance with the Big#? difficult. From where I sit in AL the SEC is not an option for the BE. I know there has been an arrangement in BB for a few years but that is really an ESPN programing decision. Most fans here see the the ACC as the logical partner for the SEC. The best move may be to let WVU go and in return get an arrangement betwen the BE and Big#?.

 

[CTHUSKY74]

I reluctantly agree that the best thing that can come out of this is very substantial compensation for leaving early. They should haved to pay the exit fee, forfeit their BE revenues and turn over all their early Big XII revenues minus what they would have made in the Big East. Then if their is actual harm that can be determined from a scheduling or conference revenue standpoint that could also be figured in. There's probably more that could be looked at but realistically what more is a court going to do here. As BL has indicated, they aren't going to force them to stay for next season through injunction unless they find some irreparable harm. Most likely it will come down to how much are the damages or what can be agreed to as compensation for leaving early. If it's substantial enough it may cause the other teams to think twice before leaving early.

 

[gars44]

I reluctantly agree that the best thing that can come out of this is very substantial compensation for leaving early. They should haved to pay the exit fee, forfeit their BE revenues and turn over all their early Big XII revenues minus what they would have made in the Big East. Then if their is actual harm that can be determined from a scheduling or conference revenue standpoint that could also be figured in. There's probably more that could be looked at but realistically what more is a court going to do here. As BL has indicated, they aren't going to force them to stay for next season through injunction unless they find some irreparable harm. Most likely it will come down to how much are the damages or what can be agreed to as compensation for leaving early. If it's substantial enough it may cause the other teams to think twice before leaving early.

I've said all along that they're just leaving, they don't give a shiz about it, leave now pay later. But I wouldn't settle with them. I'd make a judge rule on it. If that's how they want to play, take a verdict.

 

[IthacaMatt]

"The relevant actions related to the case did not all happen in Rhode Island or West Virginia and there is no reason that Rhode Island serves a more useful venue than West Virginia, Clawges said.

"The private interest of WVU and the public interest of the state of West Virginia clearly predominate in favor of the action remaining in the state of West Virginia," the order reads. "The only reason for the action to be moved to an alternate forum is the private interest of the Big East, who wants the action moved to the forum of its location"

http://mobile.wvmetronews.com/index.cfm?func=viewStory&storyid=50701

The sad thing is, the judge is correct. The Big East is incorporated in D.C., with only one school in Rhode Island. And the big kicker, the constitution didn't have a forum selection clause. Oooopsie.

GOSH ! WHO SAID THAT ALL ALONG ???

 

[IthacaMatt]

We're people really expecting a change of venue to be granted?

If the Big East were serious, it would have sued in a federal court in DC. But the Providence people can't look past the end of their own noses. "We HAVE to have the suit in Rhode Island !! We don't want to pay for hotel rooms and travel." Well then why did you incorporate in Washington DC when you set it up - and only in 2003 . Sheesh.