another question for the lawyers

[moqui]

by adding five new far flung members, has the Big East commissioner's office so drastically changed the character of the conference that any agreements signed before this expansion can be declared null and void? Is that a plausible legal argument? WVU might have a hard time making it, because they have been trying to force the door open, but Pitt and SU both made nice and said they would abide by the by laws, only to suddenly have the prospect of paying for 3000 mile road trips thrust upon them. Can they argue that this has changed the league format so much that they should be granted relief?

 

[Noexcuse]

by adding five new far flung members, has the Big East commissioner's office so drastically changed the character of the conference that any agreements signed before this expansion can be declared null and void? Is that a plausible legal argument? WVU might have a hard time making it, because they have been trying to force the door open, but Pitt and SU both made nice and said they would abide by the by laws, only to suddenly have the prospect of paying for 3000 mile road trips thrust upon them. Can they argue that this has changed the league format so much that they should be granted relief?

I'm guessing that since the change occurs in 2013 that would be the earliest we could leave without legal repercussions. The Conference stays the same until then. And the Big East is being "proactive" in keeping itself viable before "they" give us the boot. I think they want us out as much as we want to be out.

 

[upperdeck]

seems like you could also argue that since competing requires recruiting knowing the conference is going to change in 2 years which is also when the majority of the kids you are now going after will be coming in means you are now being put at a competitive disadvantage..

 

[General20]

I am a lawyer. I dont have enough information about the situation to tell you if your idea is valid or not, but practically speaking, in my experience, taking legal action is never the way to make anything happen faster. It usually bogs things down. Syracuse will probably go to the ACC in another year if they just sit back and let things play out. Its hard for me to believe that a major legal action would be settled in a year - especially if the Big East didn't want it to be settled and instructed their lawyers to drag the process out (which is a fairly common strategic practice).

I'm not 100% sure, but I would not guess it would be worth the expense or the bad blood to bring a law suit at this point. Syraucse is probably going to have to sit tight and let the chips fall where they may.

 

[Noexcuse]

I can't imagine that the BE will run with a 13 team fb conference and 19 team bb conference in 2013 just to make a point. But then again, we are talking about the BE here so who knows. Hopefully everybody is saying what they need to say in front of the cameras and that the real negotiations for an exit in 2013 is happening behind the scenes.

 

[realorange]

seems like you could also argue that since competing requires recruiting knowing the conference is going to change in 2 years which is also when the majority of the kids you are now going after will be coming in means you are now being put at a competitive disadvantage..

No competitive disadvantage. They'll know we'll be in the ACC. Looking at what the Big East will be in the future, where would a HS kid rather play, particularly in BB?

 

[SaintTristan]

The answer to your question is no, but of couse i have not seen the contract. Who knows - maybe there is a MAC clause that is triggered by this.

But, $$notwithstanding, not sure we want to go to the ACC today. if our football team starts in the ACC right now we are going to get crushed so badly we might never recover.

 

[EastBayCuse]

I am not a lawyer, but it seems to me that the BE is taking the position that no one will be allowed to leave early in order to entice the departing teams to offer a financial settlement in order to leave early. I am betting that 'Cuse and Pitt will stay in BE one more year and buy themselves out of the 2nd year. I think that WVa might offer even more $ in order to leave immediately.

 

[PoppyHart]

I could see an argument if the commissioner's office acted w/out the knowledge or authorization of the members. But I really doubt that's the case.

 

[Capt. Tuttle]

by adding five new far flung members, has the Big East commissioner's office so drastically changed the character of the conference that any agreements signed before this expansion can be declared null and void? Is that a plausible legal argument? WVU might have a hard time making it, because they have been trying to force the door open, but Pitt and SU both made nice and said they would abide by the by laws, only to suddenly have the prospect of paying for 3000 mile road trips thrust upon them. Can they argue that this has changed the league format so much that they should be granted relief?

why would they. The conference voted for it.

 

[pfister1]

why would they. The conference voted for it.

And really, wasn't it in reaction to a situation that SU, Pitt and WVa created. It would seem to be a bit illogical that they could create a circumstance by withdrawing where the BE needed to find replacements, have the BE find replacements then grant an argument allowing them to avoid their commitments to the BE because they didn't like the replacements. Might be a better argument for an institution like UConn that was not one of the school's causing the Big East's actions.