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ACC filed a complaint against Maryland this afternoon in a NC state Court. Hasn't hit the papers yet. But 100% certain it has been filed.
I think this as much as trying to save the ACC (deter FSU, Clemson, etc) than it is about collecting,
Going to get messy,
No surprise at all. The only surprise is why Maryland didn't file first in a Maryland court. Got to think a NC court is going to be biased in favor of the ACC.
GFY Swoff. You can take our $50mm but you can never take our freedom!
The ACC has to do this. If they let MD go without the 50 mil others are going to try to do the same thing. I think FSU will be watching how this goes down. Personally, I love MD but why would they not have to pay the money? I am a little confused to Loh's thinking here. I agree that this is going to be messy and I just hope it does not hurt certain things on the field with our teams before 2014.
Will Lenny Wirtz be presiding?
Loh needs to ensure a change of venue.
I don't understand what the complaint would be. League rules don't bar Maryland from bolting, it just requires an exit fee to be paid. I don't think they've formally refused to pay the full exit fee yet.
This legal stuff always goes over my head.
Not a law-talking guy, but I imagine this is the how they would enforce the contract.
At a minimum, there can be a DJ action. Maryland might have already refused to pay the 50 million. Even if they haven't formally refused, probably a decent argument for anticipatory breach based on President Loh's comments.
In the end, ripeness isn't going to decide this matter.
Should have taken a page out of WVa's book and filed suit in MD before the ACC moved.
MARYLAND. The area they’re now calling the DMV—D.C./Maryland/Northern Virginia—might be the country’s richest talent mine.
Loh is a lawyer... You have to think he's got this covered right?
Not at all surprised. The ACC needs to try to put the brakes on others leaving. This is their only way to do so. My bet is ultimately there will be a settlement that gets us out of the conference by June 2013. No way does the ACC want us around until 2014.....that point may be the only thing the ACC and Maryland agree on.
Is it due upon announcing you're leaving? It's been 8 days, seems like payable on demand is a bit harsh for $50M
Filing suit in Maryland does seem to make sense but I'm not a lawyer. Couldn't the ACC still file a lawsuit in North Carolina anyway? No idea.
To crib from an old joke: Why does a divorce from the ACC cost $50 million? Because that's what it's worth!
Hope we can get it shaved down some, but really who cares. Good riddance they say? Right back atcha.
Yeah, they need this tied up as long as possible. Give doubt to others thinking of leaving.
I'll give one good reason because we voted against it, meaning we never agreed to the 50 million dollar buyout fee. The ACC lawsuit is not worth the paper it's filed on. We will pay 15 Mil and see you later !!!!
Wake Forest law professor makes an argument that the $50 million could be struck down since it was set as punitive instead of projected losses.
ABSOLUTE best part of the punitive argument is how the ACC is dragging their feet on adding a new member. If the punitive measure is based on a projecting of future losses and the ACC doesn't try to mitigate the damages then LOL at their lawyers.
Nobody wants this to go to court - I am sure there is all kinds of htings that would get revealed (on both sides). It will get settled. But, it could be highly entertaining to listen to Swofford on the stand.
LOL at this logic.
They supposedly will add a new member this week. December meetings at the ACC championship at the latest, at least that's what twitter says.
For those thinking we should have filed in Maryland: I'd venture a guess that Maryland may have more strict rulings on contract enforcement than North Carolina.
Note: I am not a lawyer and don't actually know anything
Are you serious? We never agreed to the exit fee in principle so there is no way we will be liable to pay the total amount. We will not pay 50 mil.
Not sure if you are serious....but how Maryland voted will have ZERO to do with the decision of the Court. If it did, there wouldn't be a lawsuit.
ACC by laws require only a super majority of 75% of schools to amend by laws. (9 of 12). The exit fee change got 10 votes. (Md and FSU voted no).
There might be some procedural argument, (changes to by laws must only take place at annual meetings with 30 days notice). But if that had happened, we've had heard about it, The argument seems to be principally that the exit fee is an unenforceable liquidated damages clause.
Interesting article. Very different from how SEC handled matters. (remember all the statements from SEC's Slive about A&M? Basically, they A&M had to quit first then apply. They were going to consider anyone first. It was so much bs.....but he took pains to preserve that legAl charade. He was trying to avoid any claim the SEC tortiously interfered with the BIG12 contracts/business opportunities.
Loh giving the Big10 some potential liability with this quote. Although, given the ACC's unclean hands....it's probably not much of a risk.
LOL at not having dutchmorley posts blocked.
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