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Message: [QUOTE="Alsacs, post: 542166, member: 652"] Sorry for the delay, when I said Maryland would move the case from NC State court to Federal Court I meant that under the law if you have diversity in the lawsuit meaning all the plaintiffs and defendants reside from different states then either side(however 90% of the time its the defendant) can move the case into federal court if the lawsuit has complete diversity and the amount in controversy is over $75,000 dollars. In this case the amount in controversy is well over 75k and Maryland is the Defendant and none of the plaintiffs are from Maryland so Maryland can move the case from NC Distrist Court into NC Federal Court. The reasoning for doing this is because Maryland will try to negate the homecourt advantage that the ACC and its members will have in NC District Court. In the state of NC, judges are elected by the people and sometimes have to make rulings that are more in line with their constituents rather than have the freedom that appointed judges have. In Federal Court every Judge is appointed and while the NC Federal Judges probably have a NC centric lean they are probably going to give Maryland and its legal team a fairer outcome in rulings than NC State District judges. Onto the issue of jury trial if I could read the initial pleading I could tell if the ACC requested a jury trial or not. Under rule 38 NCRCP you must request a jury trial within 14 days of the initial pleading. The ACC would likely want a jury trial as in civil cases you don't need a unanimous jury to be victorious and its likely the ACC would be able to get a friendly jury even I would expect all peremptory challenges to used by Maryland. Finally, OrangePA the deposition isn't limited completely to the issue of the bylaws breach I am sure the Maryland lawyers will go thru EVERY email, message, letter Swofford issued to his members and will surely ask about ESPN's involvement in expansion talks and will make Swofford squeal during his deposition it won't be pretty. The ACC lawyers surely will prepare and deflect as many questions as they can but it will be bad that is why I am sure this will get settled. [/QUOTE]

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