Clemson University and Florida State University are embroiled in legal battles with the Atlantic Coast Conference (ACC) over attempts to exit the conference, citing disputes over exorbitant exit fees, specifically a $140M penalty, and contractual obligations related to media rights. Clemson filed a lawsuit against the ACC, challenging the exit fees and the binding nature of the conference's contract. In response, the ACC filed a counter lawsuit in a North Carolina court, accusing Clemson of violating its agreements. The case has been assigned to Judge Louis A. Bledsoe, III. The legal proceedings have highlighted the tension between the universities and the ACC, with the University of Miami opting not to join Clemson and FSU in their confrontational approach against the conference. The case has attracted attention due to its potential implications for the structure and governance of college sports conferences.
The ACC might be suing itself into oblivion, but dammit when we see a common enemy, EVERYONE has time for it https://t.co/sIO4K2iGLv
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
Judge Juan Merchan agreed to push the original start date of the case from March 25 to no earlier than April 15. https://t.co/FrJPvWmuuB
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.
Judge Bledsoe anticipates entering his written order as soon as possible, certainly before April 9th (date of the FL hearing). Thinks he can do that.
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.
Judge Bledsoe has interjected a couple times here as Florida State’s lawyer argues this public records point. In so many words, Bledsoe doesn’t understand why this needs to be public if FSU is going to get access to the documents whenever a protective order is worked out.
Listening to a university try to validate anonymous reporting is certainly ~different~ to say the least. FSU’s lawyer on anonymous sourcing on media rights deals: “[Reporters] aren’t going down to the 7-Eleven and asking ‘What’s this deal worth?’”
Florida State’s lawyer is arguing that because the ACC media rights deals are eight and 14 years old they’re “relics” and wouldn’t cripple ESPN if they were public. Judge Bledsoe: “The Coke formula was formed over 100 years ago and it’s still kept a secret.” *Chef’s kiss*
ESPN’s lawyer is up now talking about dealing documents. “ESPN’s business is obtaining these [deals]. That’s what we do.” Basic argument here is the media rights agreements would allow trade secrets to get out.
Something probably worth acknowledging: If Florida State wins on the multimedia rights public record discussion, that would theoretically make the SEC (UF) and Big 12 (UCF) media rights deals public record, too. As you can imagine, those are under lock and key at the moment.
An interesting tidbit: The ACC said it looked into whether media rights agreements had ever been public record in Florida. It said that was ~never~ the case, including at P5 public schools like Florida and UCF
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.
From @dennisdoddcbs: And then what? Plans for Florida State, Clemson remain unclear if rivals successfully exit ACC https://t.co/hTY99LhPtX
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
From AM. Canes won't go the scorched Earth path that FSU and Clemson have taken with ACC https://t.co/wbuFiiMQX5
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
UM disinclined to follow Clemson, FSU in waging war vs. ACC. Athletic director weighs in https://t.co/NMCDkq3pdS
NEW: UM, at this time, won't join FSU&Clemson in waging war with ACC, as we noted earlier this week. More information, details and interesting Radakovich comments with Joe Rose today https://t.co/aAJdxrC2B5 And for those wondering about Big 10 and SEC with regard to UM interest..
Basically been the party line for months now. Miami has its eye on things but isn’t going to take the adversarial approach FSU and Clemson have taken any time soon. https://t.co/RGlMwYPeD7
UM AD Radakovich,on WQAM today:"Here at the University of Miami we are incredibly solid with the ACC. It’s a great conference, provides great structure, access to the college football playoff which is very, very important." UM has opted against war waging apparoach of FSU,Clemson https://t.co/AWOK3aQlnc
FSU and Clemson are using the same strategy as disgruntled NBA superstars who are under contract and don't like the direction of their team: They are trying to kick and scream their way out of the ACC. Here's my column: https://t.co/zjNdn1cii9
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
Like disgruntled NBA superstars, Clemson and FSU trying to kick and scream their way out of ACC | Commentary https://t.co/hudxW8dIek
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