Wvu Suing Big East: "lack Of Leadership", Etc.

[nelsonmuntz]

If I am ESPN, I am on the phones with the Big 12 about 30 seconds after this complaint is released telling them to shut this down ASAP. The Big East has almost no choice but to bring the Big 12, and ultimately ESPN, into any countersuit.

 

[FfldCntyFan]

I could be wrong (and I would like an attorney's opinion) but as WVU's goal is to begin play in the B-12 next season and whatever financial penalty (beyond the $5 million departure fee) is in their eyes worth the expedited departure, can this lawsuit lead to an injunction against their departure not being enforced (and therefore giving them what they want anyway)?

 

[Heston]

For the lawyers out there, if WVU somehow wins this judgment, is any precedence set for other schools looking to exit their leagues w/out adhering to the exit agreement (FSU, VT, Mizzou, OU, Texas, etc...). I'm guessing no, or it would be a very long shot,but just curious.

It would be highly unlikely a judge would order specific performance, I.e. Making WV stay for 27 months. The chances of a judge enforcing that provision are extremely remote. My bet is WV ends up getting what it wants, which is leaving on their timeframe. This is just a matter of how much they will end up paying.

 

[nelsonmuntz]

It would be highly unlikely a judge would order specific performance, I.e. Making WV stay for 27 months. The chances of a judge enforcing that provision are extremely remote. My bet is WV ends up getting what it wants, which is leaving on their timeframe. This is just a matter of how much they will end up paying.

Weren't you Mr. "Lawsuits are Bad"? Now you are saying this nonsense has merit?

Troll.

 

[UConnSportsGuy]

It would be highly unlikely a judge would order specific performance, I.e. Making WV stay for 27 months. The chances of a judge enforcing that provision are extremely remote. My bet is WV ends up getting what it wants, which is leaving on their timeframe. This is just a matter of how much they will end up paying.

The judge isn't going to rule in favor of WVU joining the Big 12 in 2012 and everyone knows that. I would put the odds at 75% that the judge rules that WVU has to stay in the BE through 2014, and a 25% chance that he rules that WVU can leave the BE immediately, but cannot join another league until 2015. I am guessing that WVU would rather be in the BE for 2012-2014 than be an independent with no access to the BCS or bowl games.

 

[flyonthewall]

For those who think WVU does not know what it is doing keep in mind that their record in litigation is not too bad. They sued and won a settlement from Rich Rodriguez. http://blog.cleveland.com/sports/2008/07/michigan_football_coach_rich_r.html

Not different facts of course but WVU was one of the first schools to sue e departing coach and that worked out for them.

 

[flyonthewall]

Not an expert at this, but I don't think state universities can only be sued in their state, as the state itself can. And, in any event, only federal courts (I think) have jurisdiction in disputes between states, so as soon as Rutgers and UConn come in as parties, in addition to the Big East, that would be another reason for removal.

Gars -- I'm not getting your apparent glee over the Big East defaulting. Unless UConn is in the ACC by then, why do you think that will happen, or why would you like to see it happen.

Not sure if this ruling is determinative but WVU got to keep their lawsuit against Rich Rodriguex in WV state court: http://sports.espn.go.com/ncf/news/story?id=3240729

 

[ZooCougar]

I wish they had a better case. I hope they win.

 

[tzznandrew]

I wish they had a better case. I hope they win.

Just curious as to why. If they leave before the 27 months, our AQ status is gone. If the BE can hold them to 27 months, it could force the hand of other conferences to get WVU into their conference, which might end up with a safe home for all BE football (save, probably USF).

 

[nelsonmuntz]

For those who think WVU does not know what it is doing keep in mind that their record in litigation is not too bad. They sued and won a settlement from Rich Rodriguez. http://blog.cleveland.com/sports/2008/07/michigan_football_coach_rich_r.html

Not different facts of course but WVU was one of the first schools to sue e departing coach and that worked out for them.

Interesting. You mean WVU won a case where a departing employee/partner tried to void a contract because he said so, and the West Virginia courts upheld the pre-agreed damages section of that employee/partner's contract? Maybe the state of West Virginia is not so backward after all.

 

[ZooCougar]

Just curious as to why. If they leave before the 27 months, our AQ status is gone. If the BE can hold them to 27 months, it could force the hand of other conferences to get WVU into their conference, which might end up with a safe home for all BE football (save, probably USF).

I am hoping for the same thing you are. I just don't see the same path that you do.

 

[huskyrob1]

So sez this as WVU sues to bogart 27-month rule and get into Big 12 next year

http://www.wvnstv.com/story.cfm?func=viewstory&storyid=111208

The lawsuit claims “The Commissioner did nothing to protect the football playing schools and in fact took measures to further protect and advance the interests of the non-football playing schools.” Also claims "lack of leadership" Truer words. . . .

I would love to see the other football schools join WVU and make it a class action lawsuit. However although I think WVU's claims have some merit I do not think they can prove their claims. It is clear over the years that the Big East leadership viewed their league primarily as a basketball league, at the expense of the football schools, and thus leading to the mess we are in now.

 

[nelsonmuntz]

I would love to see the other football schools join WVU and make it a class action lawsuit. However although I think WVU's claims have some merit I do not think they can prove their claims. It is clear over the years that the Big East leadership viewed their league primarily as a basketball league, at the expense of the football schools, and thus leading to the mess we are in now.

Who exactly would be suing who? The football schools could have split any time they wanted, and by all accounts the split had been negotiated and even anticipated back in 2003. So what is WVU's claim again? That it wanted to split but didn't tell anyone? Likewise, WVU was welcome to join another league anytime it wanted, it just had to pay $5 million and wait 27 months, a condition it agreed to.

 

[Drumguy]

Interesting read. I wonder if they cut-and-pasted anything from BC's pleadings in 2003. Check out the Freudian slip in paragraph 32:

http://www.wboy.com/wboyUploads/SKMBT_C45111103114550.pdf

Hah! ROFL, one of the few humorous moments of this whole drama.

 

[Revrat]

[quote="WVU was welcome to join another league anytime it wanted, it just had to pay $5 million and wait 27 months, a condition it agreed to.[/quote]

Thats what I don't get. They are claiming everyone want's to leave. Thats true. But they are the only ones that want to do it by breaking their agreement. Everyone else to this date has said they will abide by the 27 month rule. Breaking their word and contract will be highly detrimental to the schools that have decided to play by the rules.

 

[businesslawyer]

I would love to see the other football schools join WVU and make it a class action lawsuit. However although I think WVU's claims have some merit I do not think they can prove their claims. It is clear over the years that the Big East leadership viewed their league primarily as a basketball league, at the expense of the football schools, and thus leading to the mess we are in now.

1. The other football schools joining would not make it a class action suit.

2. I get that you think (without any real reason to believe it) that M was a puppet of the basketball schools, but the solution to that was to demand a new Commissioner and if you can't get one leave in 27 months. It's not an excuse for breaking the 27 month requirement, legally or morally.

By the way -- on the off chance that someone in the CT government is reading this, I'm not sure Marinatto as a matter of law had a fiduciary duty to WVU. Directors have fiduciary duties, but there is a lot of discussion as to whether officers have a fiduciary duty at all, as opposed to being governed by the laws of agency. Please check it out.

 

[HuskyHawk]

1. The other football schools joining would not make it a class action suit.

2. I get that you think (without any real reason to believe it) that M was a puppet of the basketball schools, but the solution to that was to demand a new Commissioner and if you can't get one leave in 27 months. It's not an excuse for breaking the 27 month requirement, legally or morally.

By the way -- on the off chance that someone in the CT government is reading this, I'm not sure Marinatto as a matter of law had a fiduciary duty to WVU. Directors have fiduciary duties, but there is a lot of discussion as to whether officers have a fiduciary duty at all, as opposed to being governed by the laws of agency. Please check it out.

The one thing I've said before and I think may still be true, is that it may be difficult for the BE to obtain specific performance of the contract, rather than merely money damages. This could all be a ploy to force the issue as quickly as possible. I think it is also designed to ensure the break-up of the BE as a football conference.

 

[businesslawyer]

The one thing I've said before and I think may still be true, is that it may be difficult for the BE to obtain specific performance of the contract, rather than merely money damages. This could all be a ploy to force the issue as quickly as possible. I think it is also designed to ensure the break-up of the BE as a football conference.

The latter is a possibility, althought I don't really see how it gets the XII there.

As I said earlier, it is always difficult to get an injunction or specific performance, and you never count on equitable relief when you are in litigation. That having been said, the case for equitable relief here, based on likelihood of success on the merits and irreperable harm, is extremely, extremely high.

 

[pepband99]

I tend to think this could just be settlement shopping. The question is - what would the BE's price be? I would have to think the B12 could back up the $$$ end of it pretty well.

 

[businesslawyer]

What size check is the Big East going to take to lose its BCS bid years before it would otherwise be an issue?

 

[pepband99]

Assumption not in fact, though - Who is to say we can't get one of the supposed invitees in for next year? Especially if one of them is an independent, it's not impossible to think it could happen (Navy?)

...and yes, I'm assuming too, but it's not impossible either way

 

[businesslawyer]

Assumption not in fact, though - Who is to say we can't get one of the supposed invitees in for next year? Especially if one of them is an independent, it's not impossible to think it could happen (Navy?)

...and yes, I'm assuming too, but it's not impossible either way

Let's try this again. To be BCS eligible under the current rules, you need 8 schools in your conference who have played football together for at least two prior seasons. So to keep eligibility for 2014, we need for departing schools to play in 2012 and 2013 while at least an equal number of replacements are brought in for 2012 and 2013. Losing three schools for next season and replacing them with three new schools does not keep us BCS eligible.

Make sense?

 

[upstater]

Unbelievable. As to #2, Kansas et al wanted a plan if the XII fell apart. They weren't looking to leave the Big XII for the Big East. And by all reports the conference was going to offer them if the XII fell apart.

As to #1, either explain to me why the Big East having invited UCF five months ago if we eliminated Nova would have kept us out of this mess or explain why you mention it as being relevant.

Logic, people, please.

I'm talking about the mere idea of Villanova in the football conference, not whether they blocked anyone.

The report I read was that the basketball schools foreclosed on the Big12 stragglers before the B12 reformed.

And jeez, stay calm please.

 

[Excalibur]

Let's try this again. To be BCS eligible under the current rules, you need 8 schools in your conference who have played football together for at least two prior seasons. So to keep eligibility for 2014, we need for departing schools to play in 2012 and 2013 while at least an equal number of replacements are brought in for 2012 and 2013. Losing three schools for next season and replacing them with three new schools does not keep us BCS eligible.

Make sense?

OK, but can't one put a price on that? If so, doesn't that decrease the likelihood of successfully enforcing a remedy of specific performance? Granted, it makes the monetary penalty for departing prematurely enormous . . .

 

[pepband99]

Exactly. The B12 has a very very big skin in this game, too - I don't consider anything closed here until they're settled, one way or other.