The ACC has filed a counter suit against Clemson in Mecklenburg County after Clemson challenged the conference's Grant of Rights. The ACC seeks to enforce Clemson's obligations and claims fiduciary duties. The ACC also argues that Clemson cannot escape the Grant of Rights or the exit fee. The legal battle is expected to involve months of filings and hearings.
Clemson is suing the ACC and the ACC commissioner decided to come here for their first-round game. Make of that what you will.
After months of posturing, FSU and the ACC met in court today for the first time. While the presiding N.C. judge didn't offer any immediate rulings, we got more insights into why both sides feel the case should be settled in their home states and more. https://t.co/wbGZ7ZFtbG
The motion to dismiss hearing in the ACC vs FSU lawsuit has concluded, and it seems we will NOT get an answer today https://t.co/H0p6wgQYcV
ACC vs. FSU Lawsuit: NC judge hears arguments on jurisdiction, sealing records https://t.co/XpWEJCetxo
If you want a thorough play-by-play of today’s FSU v. ACC court proceedings with some great insight, go scroll back through @RohanLawPC’s timeline from this morning. Some great stuff here. Sounds like we’ll get clarity in North Carolina in the next few weeks. https://t.co/M0vkqNMJrM
Judge Bledsoe says he will have a decision in the stay/dismissal case by April 9. That’s also the date of the hearing in Florida.
Arguments have concluded in the confidentiality/sealing of documents discussion. Judge Bledsoe, as was asked by FSU, is deferring a ruling on this part until after a ruling on the earlier part of the hearing on staying/dismissal.
Sara Stone gets up for The ACC to address the court on the Motion to Seal. ESPN is present. All parties have briefed. The issue is narrow tailored to just the ESPN media rights agreement with The ACC. The GoR has now been filed and it is public.
Unsurprisingly, Judge Bledsoe says he won’t rule from the bench on the stay/dismiss case. On to the sealing of documents with ESPN, ACC, etc.
After a brief break and a few more minutes of discussion, the ACC’s time has expired. ACC lawyer Jim Cooney wraps with this on jurisdiction: “It’s not that North Carolina is more favorable, it’s that North Carolina is the right place to decide North Carolina law.”
ACC lawyer is referencing, I believe, parts of the ESPN agreement, which are under seal. He mentions a clause that says the ACC has to “prevent and protect” against the infringement of their rights. Translation: If ACC didn’t sue FSU, it would’ve violated the ESPN agreement.
ACC lawyer Jim Cooney mentions how Florida State’s lawsuit was posted on its news site before its board had even met. That’s in response to whether ACC should have been able to/had standing to file a lawsuit in the race to the courthouse. ACC saying the suit was “eminent.”
The ACC’s lawyer is now explaining how Florida State has argued its BoT never voted to sign the GoR. He then points to the fact Florida State did quite literally sign the GoR. “It’s like whack-a-mole, your honor.”
Judge Bledsoe with a helpful question asking why this case should be heard in Florida when basically everything ACC-centric falls under NC law. FSU argues a couple things - Sovereign immunity - Unreasonable restraint of trade - Contract laws are basically the same in NC & FL
Florida State is arguing it can’t be sued in North Carolina due to “sovereign immunity.” Judge Bledsoe points to the Maryland suit in 2012 in which UMd. was ~not~ granted sovereign immunity. That said, Bledsoe noted a handful recent rulings have changed some of this.
Judge Louis Bledsoe noted the ACC didn’t seek damages in its initial suit. Basically the league was trying to maintain status quo with the GoR and how everyone had operated under it when signed in 2013 & 2016. It wasn’t until later that the ACC sought damages.
In so many words, Florida State is arguing the ACC filed its preemptive lawsuit in December without standing because the league's membership vote didn't happen until January. Under NC law, you can't file a lawsuit without standing and if you do it basically nullifies the suit.
We're five seconds into this hearing and we've already got a football joke/pun from FSU's attorney Bailey King. "Forgive the pun, but we believe the ACC jumped offside [in filing this lawsuit before FSU's in Tallahassee] and that's a penalty."
Florida State and the ACC meet in the court room for the first time today in Charlotte. FSU has a motion to dismiss while ACC has motion to seal documents related to its deal with ESPN. https://t.co/hyKnNwNQyc
We'll hear discussion on Florida State's motion to dismiss this case first. Each party gets an hour to present their arguments. Motions to seal will follow with 20 mins each for ACC, FSU and 10 mins for ESPN. Worth noting attorneys for ESPN are here for the proceedings as well.
Interesting to follow this, considering there are dual lawsuits vs. the ACC now with FSU and Clemson. They could each take a different path, but how things unfold with FSU could be a bit of a sneak preview for what's to come with Clemson. https://t.co/aebGRlTeJM
Doug is at the case management in N.C. today. FSU, the ACC, and ESPN all represented by attorneys. https://t.co/lSyihpZIGa
Checking in from the Mecklenberg County Courthouse in Charlotte this morning, where the ACC and Florida State are set for their first public hearing in their case over the ACC grant of rights, etc. Likely won't be a ruling today, but plenty to come the rest of the morning.
Checking in from the Mecklenberg County Courthouse this morning, where the ACC and Florida State are set for their first public hearing in their case over the ACC grant of rights, etc. Likely won't be a ruling today, but plenty to come the rest of the morning.
ACC and FSU will be in court in Charlotte this morning to argue two motions before a judge: - FSU motion to dismiss the ACC’s suit in NC - ACC motion to seal docs related to deal w/ESPN Unlikely to hear a ruling today but should be an interesting early look at proceedings.
Roundtable: Florida State, ACC finally head to court, Clemson files own lawsuit and UNC takes aim at conference https://t.co/I8A5lsFgL9
Clemson University, Atlantic Coast Conference Battle Over $140M Exit Penalty, Media Rights https://t.co/YauoF2tOlP
The ACC counter suit against Clemson has been assigned to the North Carolina business court to Judge Louis Bledsoe. Bledsoe is also the judge in ACC-FSU in Mecklenburg County and will oversee Friday's motion hearing. https://t.co/c5AMVrqtsy https://t.co/QPlwKHma6X
Twice in the last seven months, UNC's trustees have publicly -- and forcefully -- sided with Clemson against the ACC. This seems like a big deal. More here: https://t.co/42IIBDHJ4T
A judge has been assigned to the North Carolina suit (ACC vs. Clemson): Louis A. Bledsoe, III. Same judge as ACC v FSU in North Carolina. He's a UNC alum who got his law degree from Harvard.
WTF? CLEMSON SUES THE ACC; ACC SUES CLEMSON!!! NCAA Tournament Begins, Baseball, FOOTBALL RECRUITING https://t.co/UB4yCII7a8
Clemson files lawsuit against ACC, what does this mean for Syracuse? https://t.co/eGMtRIH2j8 via @NunesMagician
The timing of Clemson’s suit against the ACC, on same day College Football Playoff announced new deal with ESPN, was not coincidental. On a move that further imperils the conference: ⬇️ https://t.co/FCs8rN7KHX
Clemson is suing its conference over its “exorbitant” exit fees. The football powerhouse joins Florida State as schools try to exit their conference. https://t.co/qvxuvCG3xM
A day after Clemson sued the Atlantic Coast Conference, the ACC filed a lawsuit against the school in a North Carolina court, saying the school is breaking its agreements with the league by challenging its exit fees and contract that binds members... https://t.co/gA20HIO7G9
The ACC, as expected, has filed its counter suit https://t.co/9bbLIPxuVk
Just got a chance to read the ACC's suit against Clemson. Of note: the ACC says it agreed to work with a business solution to this without litigation...and then Clemson sued it. https://t.co/BEZ8OAOnhr
Two things stand out in the ACC suit vs Clemson 1. The league says Clemson indicated a "desire to work with the conference" and "requested confidentiality and protections that the ACC would not file a lawsuit against it." 2. The ACC is seeking $ damages https://t.co/jpHH2Itehk
The latest realignment salvo from @ClemsonTigers. Why it’s a big deal with @PeteThamel. How the @CFBPlayoff deal affects the @theACC future. Pete breaks news. Reverse portaling and the AD carousel. @CollegeGameDay pod here. https://t.co/7bXaijH901
Interesting line here from ACC: "No applicable common law or any other law creates any fiduciary duties that would be owed by the member of an unincorporated nonprofit association." Clemson wrote Tuesday, "The ACC has recently claimed in court filings that its members owe the…
Here’s the summary from the end of the opening section of the 133-page ACC filing against Clemson. https://t.co/attQiJa08t https://t.co/2ltq4L5kmk
The ACC is seeking a declaration that Clemson owes fiduciary duties to the ACC as a Member Institution and damages for Clemson’s breach of the Grant of Rights. https://t.co/hyKnNwNQyc
ACC: Consequently, the ACC seeks (1) a declaration that the withdrawal payment is a valid and enforceable contract term applicable to Clemson; (2) a declaration that the plain language of the Grant of Rights means what it says and that Clemson’s grant of rights is exclusive and… https://t.co/2ltq4L5kmk
A day after Clemson University filed a 28-page complaint challenging the ACC’s Grant of Rights, the conference has answered with a countersuit. The ACC argues Clemson cannot get out of the Grant of Rights or the conference’s exit fee. Via @PeteNakos_: https://t.co/ZME5KQFbuy https://t.co/5TNyUrjYEg
An expected response from the ACC, responding with a suit of its own in its backyard. Just like the FSU-ACC situation, the Clemson-ACC situation will be months of legal filings and hearings. https://t.co/QduChc7iBX
An expected response from the ACC, responding with a suit of its own in its backyward. Just the FSU-ACC situation, the Clemson-ACC situation will be months of legal filings and hearings. https://t.co/QduChc7iBX
News: The ACC has filed a counter suit against Clemson in Mecklenburg County. Thats the same venue it filed in against Florida State back in December.