ACC VS Maryland

[emeraldde]

Sorry if already posted

Found this on the Boneyard

Its written by Fox Sports

http://msn.foxsports.com/college-fo...and-marylands-lawsuit-is-getting-nasty-032514

"To a large extent, the ACC's existence as a major conference is tied to the outcome of this Maryland lawsuit. "

"And if the ACC doesn't want to fall apart, it has to win this Maryland lawsuit."

"I think these grant or rights agreements are castles built in the sky."

What do you guys think? I don't really know a lot about it. Any updates? Your thoughts on this notion?

You think Maryland's going to win or the ACC? Why?

 

[PeteCalvin]

Fox Sports blows and has an agenda.

Maryland blows and has an agenda.

The BiG blows...and has an agenda.

And the Boneyard...why are you reading over there?

If the ACC doesn't want to fall apart...LOLOLOLOLOLOLOLOL!!!

Alsacs and Arb, the floor is all yours!

 

[PeteCalvin]

BTW, that article belongs in The National Enquirer. Laughable. I wonder if the author is from West Virginia and nicknamed "Dude"?

Pure posturing and speculation by Fox and The BiG.

 

[emeraldde]

Fox Sports blows and has an agenda.

Maryland blows and has an agenda.

The BiG blows...and has an agenda.

And the Boneyard...why are you reading over there?

If the ACC doesn't want to fall apart...LOLOLOLOLOLOLOLOL!!!

Alsacs and Arb, the floor is all yours!

I just like hearing what they have to say. Lol

 

[NKR1978]

That opinion piece sounds like it was cobbled from the Boneyard's greatest hits.

B1G communications and overtures toward UNC, UVA and Maryland are likely just as damning than any ACC communications.

 

[Alsacs]

You lost me when the author is Mr. SEC idiot Clay Travis. My god he is an idiot, second the article is dated March 25th. Its not new and before the ACC and Maryland had their mandatory mediation in NC in April to try and come to a settlement. Obviously, mediation is not working between Maryland and the ACC. The ACC has already withheld about 30 million dollars in money from Maryland in lieu of this lawsuit. The exit fee is about 52 million dollars, and because the University of Maryland is a state school I highly doubt under the 10th amendment the ACC could actually force the State of MD to compel its University to pay the money if the court in NC ruled in its favor. I think the ACC is going to keep all the money it has withheld from Maryland and some deal will be reached a day or two before MD joins the Big Ten on July 1st, and both sides save face. If the lawsuit continues though I do like the ACC chances because of venue and the fact that MD didn't make the procedural bylaws violation in any lawsuit and that would be the grounds they would need to win the lawsuit and not have to pay 52 million.

I can't read the Boneyard anymore because how they have become West Virginia internet fans with their crazy. They are becoming what East Carolina fans where towards the old Big East in relation to the Big Ten. The Big Ten got the cable deals in NYC without needing UConn thus they don't add any value to the BTN and don't get their football brand KILLS them. If they didn't piss off the ACC and some its member presidents and active leadership they are likely in the ACC now, but their glory seeking AG now Senator Blumenthal was the face of that lawsuit and rightfully or wrongfully it has come back to hurt UConn as they are the seen as the face of it and BC/Miami will not back UConn for the ACC.

 

[emeraldde]

Do you guys think Maryland still would have bolted had they known about the grant of rights? Do you think there's any part of them that sort of regrets it now, but is still moving forward. Obviously its a great situation that they got in, and their Athletic Department is in shambles

 

[emeraldde]

Ya I didn't read the date until after I posted. I still wanted to get your guys thoughts though. That's very interesting

 

[Alsacs]

Mar

Do you guys think Maryland still would have bolted had they known about the grant of rights? Do you think there's any part of them that sort of regrets it now, but is still moving forward. Obviously its a great situation that they got in, and their Athletic Department is in shambles

Maryland left because NC State AD then Maryland AD Debbie Yow destroyed the finances of the MD athletic department to the degree they were going to have cut 8 sports from the AD until the University stepped up and saved them. They needed the B1G money infusion for their AD to survive. Pure and simple Maryland went the way of the Million Dollar Man and sold out for the money. I don't blame them for surviving as Yow spent money like a drunken sailor on expanding Byrd Stadium when the Stadium didn't need expansion and UMD didn't have the money. Maryland state law prevented the UMD from making up the revenue the way Rutgers does in NJ student fees in the student tuition whether they care about sports or not. Thus, the GOR of the ACC had nothing to do with it. Debbie Yow is why UMD left the conference it was a founding member of no doubt.

 

[emeraldde]

That's pretty damn interesting. Debbie Yow is now at North Carolina State. Sheesh

North Carolina State seems like the kind of school that would want her services.

Hey North Carolina State. I know you like to copy everybody but I wouldn't try to Copy Maryland's Financial Situation

 

[PeteCalvin]

Mar

Maryland left because NC State AD then Maryland AD Debbie Yow destroyed the finances of the MD athletic department to the degree they were going to have cut 8 sports from the AD until the University stepped up and saved them. They needed the B1G money infusion for their AD to survive. Pure and simple Maryland went the way of the Million Dollar Man and sold out for the money. I don't blame them for surviving as Yow spent money like a drunken sailor on expanding Byrd Stadium when the Stadium didn't need expansion and UMD didn't have the money. Maryland state law prevented the UMD from making up the revenue the way Rutgers does in NJ student fees in the student tuition whether they care about sports or not. Thus, the GOR of the ACC had nothing to do with it. Debbie Yow is why UMD left the conference it was a founding member of no doubt.

What's really sad is the fact that had Yow NOT spent UMD into a hole, and they actually had been successful in BBall and FBall lately, PSU could potentially be in a 16-team ACC with ND. PSU was ripe for poaching, and UMD backstabbed the ACC for a giant handout.

 

[realorange]

Read this weeks feature in SI on Maryland and Rutgers. It will answer some of your questions.

 

[emeraldde]

Read this weeks feature in SI on Maryland and Rutgers. It will answer some of your questions.

Good call on the story. The more I read about this, it's like two prize fighters jabbing at each other looking for the Knock out punch, with the Prize Fighters being the ACC and Big Ten

 

[emeraldde]

http://sportsillustrated.cnn.com/college-football/news/20140618/big-ten-expansion/

 

[oldpinepoint]

Big Ten blows, boring ass football and basketball. It's like I'm watching rust form on a piece of iron

 

[EastCoast2]

I never get the argument of "Rutgers and UMD bring NYC and DC to the B1G"

I spend a lot of time in both NYC and DC and never ever see any Rutgers or UMD fans or sporting events on TV.

 

[Hoo's That]

he exit fee is about 52 million dollars, and because the University of Maryland is a state school I highly doubt under the 10th amendment the ACC could actually force the State of MD to compel its University to pay the money if the court in NC ruled in its favor.

I'm not sure this part is correct because if you couldn't compel them to pay a bill, how could an office supply company be sure UMd or any other part of the state government will pay them for the next pallet of copier paper they deliver? What you cite there is the state's argument that basically says UMd is not allowed to sign contracts that obligate the state (even though they've been signing them and the ACC has been accepting them in good faith since 1953).

Mar

Maryland left because NC State AD then Maryland AD Debbie Yow destroyed the finances of the MD athletic department to the degree they were going to have cut 8 sports from the AD until the University stepped up and saved them. They needed the B1G money infusion for their AD to survive. Pure and simple Maryland went the way of the Million Dollar Man and sold out for the money. I don't blame them for surviving as Yow spent money like a drunken sailor on expanding Byrd Stadium when the Stadium didn't need expansion and UMD didn't have the money. Maryland state law prevented the UMD from making up the revenue the way Rutgers does in NJ student fees in the student tuition whether they care about sports or not. Thus, the GOR of the ACC had nothing to do with it. Debbie Yow is why UMD left the conference it was a founding member of no doubt.

You've hit the core summary of why all this happened. What makes it even worse was that Yow appointed an advisory committee regarding the stadium expansion. They told her not to do it because they'd have trouble paying for it but she did it anyway.

 

[Alsacs]

I'm not sure this part is correct because if you couldn't compel them to pay a bill, how could an office supply company be sure UMd or any other part of the state government will pay them for the next pallet of copier paper they deliver? What you cite there is the state's argument that basically says UMd is not allowed to sign contracts that obligate the state (even though they've been signing them and the ACC has been accepting them in good faith since 1953).

In your scenario the company could sue the state of Maryland IN Maryland state court. In this lawsuit the ACC sued the University of Maryland a state of MD government branch in NC which would allow UMD to claim sovereign immunity in a NC court realistically on appeal if the NC court ruled in the ACC's favor. The 11th amendment after Chisholm v. Georgia would protect UMD if they could prove it.
I think this case will settle just because nobody will want discovery leaked and the money the ACC has withheld will be the amount.

 

[arbitragegls]

In your scenario the company could sue the state of Maryland IN Maryland state court. In this lawsuit the ACC sued the University of Maryland a state of MD government branch in NC which would allow UMD to claim sovereign immunity in a NC court realistically on appeal if the NC court ruled in the ACC's favor. The 11th amendment after Chisholm v. Georgia would protect UMD if they could prove it.
I think this case will settle just because nobody will want discovery leaked and the money the ACC has withheld will be the amount.

Spot on...the ACC will hold onto funds it did not distribute to UMaryland...approaching $33,000,000 which by the way is close to the travel stipend B1G gave Maryland. It is widely agreed that to obtain additional funds form UMaryland the ACC would have to sue and win and then deal with the State of Maryland for getting the funds--not.
I still believe ACC is in good shape and movement has been made to negotiate...though I think the next week is too early for a settlement.

 

[AlaskaSU]

Sorry if already posted

Found this on the Boneyard

Its written by Fox Sports

http://msn.foxsports.com/college-fo...and-marylands-lawsuit-is-getting-nasty-032514

"To a large extent, the ACC's existence as a major conference is tied to the outcome of this Maryland lawsuit. "

"And if the ACC doesn't want to fall apart, it has to win this Maryland lawsuit."

"I think these grant or rights agreements are castles built in the sky."

What do you guys think? I don't really know a lot about it. Any updates? Your thoughts on this notion?

You think Maryland's going to win or the ACC? Why?

"But back in January, when Maryland filed a $156.8 million counterclaim against the ACC, the school alleged the ACC's desire to expand was driven "in large part on counsel and direction that the conference received from ESPN." ESPN denied the allegation then, but now Maryland has stepped up the accusation and demanded documents consisting of "all communication with ESPN relating to the ACC’s broadcast rights, strategy meetings involving the integration of Syracuse, Pittsburgh and Notre Dame into the league, and contact with any Big Ten members about joining the ACC."

So what if ESPN encouraged expansion? The decision of Md to bolt was their own decision. They were not expelled. There is no reason for the ACC to settle out of court and risk their own demise. If NC has no authority to collect, this could go to the Supreme Court.

 

[JOC44]

Boys, the Eleventh Amendment only deals with the judicial power of the federal courts. It has no effect in the judicial power of state courts. The ACC v. Maryland suit is in state court in North Carolina.

 

[Alsacs]

Boys, the Eleventh Amendment only deals with the judicial power of the federal courts. It has no effect in the judicial power of state courts. The ACC v. Maryland suit is in state court in North Carolina.

Maryland is appealing the jurisdiction of the case in NC and that case is still pending. In the MD case filed in MD courts they deferred to the NC court for now, but venue is still in doubt. Thus, if Maryland loses its appeal of sovereign immunity the Maryland lawyers could file for diversity jurisdiction and move the case to NC federal court and then 11th amendment is legit. Maryland lawyers have always had in this in their back picket.

 

[Chip]

Don't believe anything you hear from Clay Travis on a subject like this. He's a pretty funny guy, and he's a smart guy, but he's as conference realignment obsessed as people like the Dude, that Texas crazy guy, etc. Eventually he'll move on and it won't ruin his career (which continues to grow).

 

[NashvilleOrange]

I listen to Clay's radio show here in Nashville quite a bit. Having gone to law school, he's really into the idea of being the legal expert on all things college sports; in reality he has the same knowledge as most other writers. He also hates the ACC. He was on a mission all season to discredit Florida State and it killed him to see the ACC end the SEC's title streak in college football. Here's one other thing to consider when he writes these articles: he's been claiming for years that Va Tech and NC State will join the SEC, so he's grasping at straws looking for a way for the ACC to fall apart and have his final conference realignment predictions come true.

 

[JOC44]

Maryland is appealing the jurisdiction of the case in NC and that case is still pending. In the MD case filed in MD courts they deferred to the NC court for now, but venue is still in doubt. Thus, if Maryland loses its appeal of sovereign immunity the Maryland lawyers could file for diversity jurisdiction and move the case to NC federal court and then 11th amendment is legit. Maryland lawyers have always had in this in their back picket.

Actually, no. Maryland is challenging the NC venue (just as many defendants do) but the Eleventh Amendment is not in play. I'm sure you know you can't remove a case on the basis of diversity jurisdiction more than a year after it was filed, and you also must remove win 30 days of having a basis to remove. So this case isn't going to federal court. Also, if you somehow got to federal court and had an Eleventh Amendment defense, the result would be a remand to the NC state courts because the Eleventh Amendment only affects federal court jurisdiction, it doesn't provide a substantive defense.

At least that's how I remember it from law school, and from the cases I have litigated that touched on the Eleventh Amendment.

And Maryland's jurisdiction/venue defense is very likely a loser anyway.