ACC VS Maryland

[Alsacs]

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.

Good luck getting the state of Maryland ordering the UMD to pay the difference from the withheld to the 52 million if the ACC won in a NC state court.

I respect your opinion, but we agree to disagree. I may be wrong, but I will check on this matter more.
If Maryland claims the NC court has no jurisdiction in their response I believe the 30 days for removal to diversity doesn't start until the courts rule on the merits of that claim.

 

[Chip]

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.

He's one of those 'more common than they should be' SEC insecure fans. Always attacking the B1G and the ACC, needing to point out that the SEC is better. No one needs that pointed out, but he can't help himself. I would occasionally respond to his tweets (in my free time which I had way too much of) and ask him how therapy was going after FSU beat Auburn.

 

[IthacaMatt]

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

Their fans totally regret it. They were kept in the dark by the administration.

 

[RandygoCuse]

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.

Agreed - I think the big question is whether the cable companies will feel obligated to carry the Big Ten Network in these regions, thus generating fees for the Big Ten Network.

 

[Hoo's That]

Agreed - I think the big question is whether the cable companies will feel obligated to carry the Big Ten Network in these regions, thus generating fees for the Big Ten Network.

I live in MD. My cable has the BTN plus several of its overflows (per the on-screen guide), so my company will pay $1 per starting next Tuesday. As of right now, the BTN is on a premium sports tier that also gets me ESPNU, otherwise I wouldn't get it for how much I watch the stations on it. They have not said whether they will put BTN on the regular tier w/the ESPN Mothership (like the B1G wants) as of Tuesday. The local DC TV stations are starting to talk about UMd in the B1G and the WaPo had an article about the guy monitoring their entry (such as removing the ACC logos from all the athletes' pictures in their sports hall of fame). I have not seen or heard any reporting that Comcast has decided to put the BTN on the regular tier instead of leaving it on the premium sports tier as it is now.

One interesting note from the WaPo article, if the B1G schools were eagerly anticipating a rush of UMd alums to their games (probably because they haven't had enough batteries thrown from the stands), they may have a longer wait than expected. The only UMd club in the entire Midwest is in Chicago.

 

[DoctorBombay]

I was in Maryland for 2 weeks and made a conscious effort to look for signs of and ask questions about UMD athletics. The response was lukewarm at best for anything to do w/ the B1G. There is simply no groundswell of support, and I say that w/ total ambivalence on this issue.
My cousin & his wife are UMD alums and they are now more resigned than excited. Its like watching the 5 stages of grief in action- & they're finally nearing the acceptance stage.
Lets not kid ourselves- this was not a decision based on anything other than money. Will it work out? Maybe. But from what I've witnessed, Delany was correct in stating that this was a "100 year decision". That might be how long it takes before most UMD fans, not withstanding the mercenary message board ninjas deployed by UMD to influence opinion, finally come around to the idea. JMHO

 

[KaiserUEO]

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.

BOOM!!!

(drops the mic.....)

 

[Alsacs]

BOOM!!!

(drops the mic...)

He is wrong about the claim that you can't remove a year after because the clock DOES NOT START UNTIL THE MATTER the litigant is appealing is decided. If Maryland agreed the state of NC had jurisdiction over them in a NC state then they would only have 30 days to move it to federal court under Diversity. In this case, Maryland filed a response challenging the state of NC's jurisdiction and filed a suit in a MD court. The MD state court didn't dismiss the UMD suit in MD, but continued it till the NC issue was decided in NC. Once UMD's claim is decided then MD will 30 days if they wanted to move it to federal court I looked today. Thus, while JOC was on the right track he didn't know that MD will still have the 30 days to move it to federal court once the NC issue is decided.

 

[Btstimpy]

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.

The North Carolina Court of Appeals rejected this Maryland appeal on Nov. 19 of last year. Since it was a unanimous decision by the 3 Judges of the NC Court of Appeals, the articles said that the Supreme Court of North Carolina did not have to accept an automatic appeal. Apparently it does when the decision is not unanimous. Do you know if the Supreme Court of North Carolina is hearing Maryland's appeal of jurisdiction? I have not seen anything about it. I know Maryland was trying to appeal the Stay order in Maryland too.

Everything I read from the beginning is that the ACC wants the Supreme Court of NC to rule that the Exit Fee is contractually binding under North Carolina Law. The ACC then could use that NC ruling as evidence in Maryland Court to try to collect after that if it wants. The North Carolina court can't compel the payment for some reason.

 

[Alsacs]

The North Carolina Court of Appeals rejected this Maryland appeal on Nov. 19 of last year. Since it was a unanimous decision by the 3 Judges of the NC Court of Appeals, the articles said that the Supreme Court of North Carolina did not have to accept an automatic appeal. Apparently it does when the decision is not unanimous. Do you know if the Supreme Court of North Carolina is hearing Maryland's appeal of jurisdiction? I have not seen anything about it. I know Maryland was trying to appeal the Stay order in Maryland too.

Everything I read from the beginning is that the ACC wants the Supreme Court of NC to rule that the Exit Fee is contractually binding under North Carolina Law. The ACC then could use that NC ruling as evidence in Maryland Court to try to collect after that if it wants. The North Carolina court can't compel the payment for some reason.

I will check on Westlaw tomorrow I don't know the answer now.

 

[Capt. Tuttle]

Why couldn't the ACC win, file its judgment in MD and attach UMD accounts?