I think one of the reasons Dr. Gross replied to "all: regarding scheduling was to fire a shot across the bow. Syracuse has a reputation of not airingits dirty laundry in public, so I'm confident that talks are happening behind closed doors.
Another thought: It is not necesary to fie a lawsuit. Simply advise the Big East that Syracuse is leaving at the end of the 2012-2013 academic/ sports year and then do so. Write teh check for $5MM and be gone. It would then be incumbent on the Big East to file suit and it would be extremely difficult force Syracuse to stay, especially if they give into Pitt's demands.
Final thought: None of the Big East football schools really want Syracuse and Pitt in the league next fall (2013) as that would mess up scheduling for one season. Then there is the issue of fiduciary liability as they are not paying Syracuse so any infringement on opportunity to earn money of attempts to force Syracuse to expend additional monies would potentially fall at the feet of the Big East.