Wvu Suing Big East: "lack Of Leadership", Etc. | Page 3 | The Boneyard

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

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FriarJ said:
One example please of how the BB schools were treated better by the commissioner? Just one example with proof. All I'm asking for is one.
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Other than allowing PC to continue as a member, do you really need more evidence? ;)
 
The action WV has taken with this lawsuit has done more damage to the remaining football members then anything the basket ball schools may or may not have done ever.

This legal action can prevent any commitment by other universities and prevent what little hope there is for retaining a BCS bid. If that happens UConn could rapidly get worse in its major sports because recruiting could suffer. Anger and resentment towards things that took place in the past undermines the action that needs to take place today.

I'm a UConn fan and graduate. My loyalty is to UConn. My hope is this university can stay above the emotional angst I'm observing in this forum, because emotions can get in the way of logical thinking. Each move made by any of the players changes the landscape and hence the strategy the various universities need to act upon. Yesterdays enemy may become todays friend and if people aren't quick to accept this they will end up shooting themselves in the foot.

My hope is UConn ends up in some BCS conference when this is all said and done. I'm not invested in what that conference looks like. Get the university in a BCS conference and the school has a chance to do everything in its power to keep it bb program at a high level and get the football program into a top tier.

It seems that some people are only interested in a specific outcomes and not some general survival. That is dangerous because in the end, outside of the programs working on establishing excellence, fan support will be necessary. And fan support can diminish if people believe that they have to have their way with events.
 
NHUConnfan said:
Maybe WVU is just pushing this lawsuit to put pressure on the BE and make them make the decision - whether to bring this thing to court and spend hundreds of thousands of dollars on legal fees or to settle this out of court and watch WVU leave. To me, it would be insane for Cuse and Pitt not to get in on this as co-plantiffs, because even though the BE may have the upper hand, it's still going to cost them a lot of money to make the defense. I think this is just politics by WVU - and not necessarily a crazy move. Without this, the BE has all the power. At least WVU has a slight bargaining chip now in their negotiations to leave early.
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If I am not mistaken, Swofford said that the schools accepted into the ACC would have to fulfill their obligations to their current conference. In that respect, he acted fairly and he said that the ACC does not expect Pitt and Cuse until they have fulfilled the 27 month obligation. It also sounds as if he would discourage them from joining the suit. On the flipside, what WVU is doing, and tacitly agreed with by the Big XII, is nothing short of an embarrassment. I hope the BE shoves it up their collective backside.
 
Finally reading the complaint. This is tremendously amateurish. If I so much as presented a draft this bad to my partner my first year out of law school I would have had some explaining to do.

Look at Paragraph 32, wherein the departure of Pitt, UConn and TCU....created an imbalance. I wish. I won't repeat the solid analysis of BL and others, but these claims are little more than unsubstantiated assertions. Really very weak on the merits. The restraint of trade claim is a laugher. 27 months is longer than is needed to protect the interests of the BE? Actually it's exactly how long they need under the BCS continuity rule. I have little doubt that in discovery the BE can show that WVU supported that period for that very reason.

Here's the attorney who signed it, but he had a low level associate draft it I'm sure. Probably Seth Hayes. WVU grads all. http://www.jacksonkelly.com/jk/index.asp?w=Attorneysbio&empl_uno=290
 
upstater said:
1. Pushing Villanova
2. Squelching the addition of Kansas, KSU, etc., last year when the B12 temporarily unraveled.
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proof? I say Jim Calhoun personally squelched it. same proof, none.
 
jostar1 said:
Waiting on Villanova for 9 months while they dithered around trying to make a decision amd then made a half-assed proposal to the Big East.
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1st how bout some proof, and how does that in anyway help the BB schools?
 
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Da_Aisijimo_Gou said:
Other than allowing PC to continue as a member, do you really need more evidence? ;)
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If you looked at the previous post in this thread, you will see I asked for something beside that simpleton answer.

The simple facts are none of you have one ounce of proof, just pre-conceived prejudiced opinions with little or no basis in reality.
 
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.
 
upstater said:
1. Pushing Villanova
2. Squelching the addition of Kansas, KSU, etc., last year when the B12 temporarily unraveled.
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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.
 
SAMCRO said:
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.
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They are arguing they get to leave early because Marinatto sucks. Oklahoma would presumably have to argue that Nievas was a boob. If you consider that precedent ....

Doesn't matter. Don't see how WVU can win.
 
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businesslawyer said:
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.
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?? not at all my attitude. just don't c where the
businesslawyer said:
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.
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??? that's not my attitude.
 
So help a struggling lawyer out. Why will no one defend it. Why are you confident that the Big East office, on behalf of USF, isn't going to try to keep the football league together for two more seasons?
 
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.
 
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)?
 
SAMCRO said:
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.
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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.
 
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Heston said:
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.
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Weren't you Mr. "Lawsuits are Bad"? Now you are saying this nonsense has merit?

Troll.
 
Heston said:
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.
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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.
 
businesslawyer said:
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.
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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 said:
I wish they had a better case. I hope they win.
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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).
 
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flyonthewall said:
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.
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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.
 
tzznandrew said:
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).
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I am hoping for the same thing you are. I just don't see the same path that you do.
 
ruskin said:
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. . . .
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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.
 
huskyrob1 said:
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.
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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.
 
[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.
 
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