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[QUOTE="HtownOrange, post: 503593, member: 622"]
You only get to that question if the judge rejects the LD clause.  Remember, on its face the contract is binding.  If the judge rules the contract binding (in this case, nothing is disputed except the damages clause and related issues).  If the judge rules the LD clause is valid, then the LD is valid and nothing else needs to be done except order payment.  The judge may then determine the language is valid, but want to see whether the amount is excessive, but often they will simply invalidate the clause (anecdotal experience, not absolute) and then run an analysis.  Generally, if the judge finds the LD clause valid, they will not touch it, saves them a lot of headaches.  If the LD is upheld, the mitigating factors mean nothing unless they are included in the LD.  The whole purpose of an LD is to remove all analysis of actual damages from the court.
 
Remember also, at this point, the ACC needs to only prove the league agreement is in force and that Maryland breached it.  Those are probably not even going to be contested in a serious manner.  Maryland must prove that the LD clause is not valid or punitive.  At this point, the burden is on Maryland. 
 
Crusty is dead on that the ACC must prepare defensively, but they are on offense at the moment.
 
Crusty is also dead on that elected judges, whether we like it or not, are prone to keep an eye towards the political impact of their decision.
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