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Message: [QUOTE="Alsacs, post: 1037433, member: 652"] This case won't be settled unless Maryland gives the entire amount. The law is on the ACC side. Our Husky fan again doesn't know the law. Its a liquidated damages provision in the bylaws of the ACC. The only way Maryland could have won the suit is if they proved the ACC violated due process when they amended the liquidated damages provision from withdrawal of 1.5 times the annual payout to 3x times the annual payout. Florida State and Maryland voted no to the increase we know why Florida State voted no and it was legitimate because their President felt the required notice wasn't given by the ACC on the vote to amend the withdrawal thus he was giving his university legal protection because that is what his general council and BoT told him to vote now. We don't know why Maryland voted no whether they felt the same reason or because they were negotiating with the B1G and didn't want to pay more. The fact none of the pleadings that have been leaked by Maryland include this due process violation as their reason for relief would tend to show the courts that it was for monetary reasons they voted no to the increase rather than the due process. The only problem for the ACC is that under civil procedure rule 12 you can't never waive any due process claims in your initial filing and lose the ability to amend them after the fact like you can non-due process claims. Thus, Maryland could and probably has added this due process claim to the complaint. However, I don't know if the ACC actually violated its on bylaws when it scheduled that vote to increase the withdrawal fee/liquidated damages provision. If the ACC had any decent in-house council they wouldn't have, and I would think their lawyers are good. [/QUOTE]

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