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The ACC is poisoning the well up here.
If MD plays their PR cards right this will TO the locals to no end. Southern Justice !!!
MARYLAND. The area they’re now calling the DMV—D.C./Maryland/Northern Virginia—might be the country’s richest talent mine.
Glad I hit the Outer Banks this year.
Yeah, the Post has the complaint up. Interesting read. I don't want to retype everything I've said on the premium thread, so this is a good example of why the split in the boards will limit discussions on this board.
Also, great work on the scoop. +1
Link to the Complaint for those that want it.
Random article I stumbled upon while looking up the ACC bylaws:
Thanks, RTHokie. It's strange to see it there on a page in black and white. I don't understand most of it, of course...
All of it can be found in the pdf version to the right.
check out the front page...60 years ago the US Post Office was running a $595M deficit. I guess now it's about $20B. relatively speaking it's not doing so bad!
Not much to the complaint. ACC asking to Court for a "Declaration" (a decision/ruling) that the Exit fee is enforceable. (52 million in change).
Its a pretty bare bones complaint. The only interesting tidbit is the allegation in paragraph 22 that in Sept. 2011, it was President Loh that first proposed an exit fee of 1.25 times the annual operating budget. (So, roughly 21.8 million.) the point of that is to box in Loh a little and say...you thought 1.25 times annual operating budget was so fair you not only voted for...you are the one proposed it. But three times is impermissible and puniative.
Loh's response will be use....more than doubling it in a year seems excessive, punative, unfair, etc. etc.
Couldn't he say, "I suggested it as a deterrant even though I knew it would be unenforceable if it went to court"?
"West Virginia, which appeared to have an outside chance for a bid, did not figure seriously in the final deliberation."
Some things don't change
Complaints are often pretty bare bones. You won't see the arguments fleshed out until motions get submitted.
Interestingly, the wapo beat writer says on twitter that Loh told him a while ago that he also was against the earlier exit fee increase on legal and philosophical grounds. We'll see who is right about that.
Thanks, Congress in 2006!
I say we set a precedent for others to pay the exit fee and follow us.
We pay $50/year for a million years.
Haven't we only notified the ACC of our intent to leave, but we're still an active member of the conference?
Is there any argument that there is no need for a lawsuit now as we've done nothing to actually breach our agreement with other members of the conference? Is it premature for the conference to file the suit just because Loh says he hopes to negotiate with the other conference members? Doesn't seem like there is any breach until 18 months from now when are no longer a member and don't pay the fee.
Their arguement is just "we don't think they'll pay when they leave".
That's basically what I was saying above. It's like a preemptive argument. But the lawyers in the thread seem to think it's the way it's done...
Excellent! And I'd be willing to throw Swofford a bone and go to $100 a year for 500,000 years...
Didn't Loh vote against the increase to 20 million though? I distinctly remember reading Maryland voted against the exit fee when Pitt and Cuse joined.
This post was edited by jkrterp 17 months ago
Depends. I have drafted 5 page complaints and I have drafted 105 page complaints. This is short because it was a perceived race to the Courthouse and it centers on a single claim/issue.
No, I agree. Just saying that a short complaint is not unusual, nor is it really a sign of the relative complexity of the issues.
I would think someone could argue that 1.25x represents a normal, expected increase in an operating budget whereas 3X is arbitrary and intended to only punish. You could argue that if there was a desire to increase the fee, Loh made the proposal as a preemptive measure for a reasonable increase. If he's proposing a reasonable increase, it's sensible that he would not agree with an unreasonable increase.
Anticipatory repudiation. Loh (and thus the University) has said publicly and repeatedly that we don't plan on paying the full amount. It's pretty reasonable for the ACC to believe us. That's the reason they're only suing for a declaratory judgment and not the actual fee.
What damage has MD caused?
Jeff Barker @sunjeffbarker
ACC says it 'has only gotten stronger with the additions of Louisville, Notre Dame, Pitt and Syracuse.”
I bet it was a riveting and exciting read based on tons of previous cases you've worked on that are very similar to others you worked on. Most likely it was a 6 paragraph wall of text that basically told how you've done something similar, named people no one has ever heard of and then finished it with "but im not sure how this one will turn out."
Some more activity on this front.
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