OT: WVU must move by 2012

[jr4750]

Lot of interesting tidbits in this article. Could it be that WVU promised something it might not be able to deliver in order to get ahead of UL?

http://blog.syracuse.com/sports/2011/11/big_12_official_west_virginia.html

 

[All4SU]

So odd that Missouri is just not mentioned.
Also, the Big 12 doesn't sponsor men's soccer?

 

[Cusefan95]

Nice job by the Big 12 putting WVU in an awful negotiating position with the Big East; if I was a Big East official my demands for compensation to let WVU go early just went up.

There's a reason why the ACC keeps on saying they're fine with waiting...and it's exactly this reason here. Don't intentionally make you're negotiating position weaker.

If WVU agreed to cover the exit fee regardless, I'm a little surprised Luck didn't immediately get up and demand flowers and dinner from the Big 12 dude...because he just got f****d.

 

[SURules]

"Neinas said West Virginia’s entrance into the Big 12 was contingent on the university being available next year."

This is going to get very very ugly between the BigEAST and WVU.

 

[ImperialOrange]

Anyone know what happens if a team just says "**** it" and picks up and moves anyway?

 

[Madbiker]

Notice how the Big 12 and the SEC do business in totally opposite ways. The SEC wants no legal problems and won't take anyone that brings them. The Big 12 has invited a legal mess with their desire to grab a team for next season.

 

[jr4750]

Luck has had a rough couple of weeks... His commentary needs to be muted in a hurray. There is a potential mess on his hands if the BE holds serve. It seems like Marrinatto just was gift wrapped some leverage. He could very well up their buyout tremendously...

 

[Scooch]

I had a feeling this was what was behind WVU's lawsuit. Like I said yesterday, this is short-term, band-aid thinking by the B12. WVU is a better football program than Louisville NOW. WVU can get them back to 10 teams in 2012 and protect their TV deals NOW.

Louisville makes so much more sense long-term, but this is all about the easiest way to maintain their 2012 TV money.

 

[dollarbill44]

Anyone know what happens if a team just says "**** it" and picks up and moves anyway?

You can't keep them in, but you can sure try to make them pay through the nose for leaving.

I assume the BE would sue for breach of contract and would try to establish an amount for damages that would include lost revenue from conference games, bowl revenue, fees for rescheduling, etc for all sports for the entire 27 month period (or however many months remain after this year). I have no idea how they would establish those costs, but they would likely throw in everything they can think of and come up with some ridiculously high number (like $40MM) with the hope they settle for half. I'm not a lawyer, but I've witnessed a few breach of contract trials and imagine it would take 2-3 years (at least) if it goes to trial.

 

[texasorange]

This is going to get ugly very quickly. I wonder if WVU had already started the discovery phase and felt they had enough to force the Big East to the negotiating table for an early release? I wonder how this will affect SU & Pitt?

 

[SU2NASA]

Anyone know what happens if a team just says "**** it" and picks up and moves anyway?

The Big East will sue them for lost revenue.

If they did, and WVU was forced to pay their cut of what the Big East would have made for the two seasons that encompass those 27 months, it'd still be less than that $20M number that has been thrown around for an agreement.

I'm glad SU has handled itself with class since the first ACC raid.

 

[Phillymoose]

You can't keep them in, but you can sure try to make them pay through the nose for leaving.

Sure you can. It's called an injunction.
A court would be reluctant to grant one, but if WVU is seen as having no legal leg to stand on, it is definitely a method of relief open to the BE.

Frankly, I think WVU's legal argument is bunk. I think an equally compelling argument could be made that asks: 'was it not reasonably foreseeable that schools might decide to leave the conference when you (WVU) voted on the by-laws? Did you not account for this foreseeability when you voted for the restrictiveness measures (e.g. waiting time - 27 months, and buyout fee $5M)? ' There may be something to the breach of fiduciary duty stuff - but that lies in the facts, which not of us have. It was a good settlement-inducing attack on Marinnato.

Legally, I personally think WVU will have a tough time saying it wasn't foreseeable and therefore a tough time establishing an 'out' for themselves based on Pitt's and SU's declared departure. If the court agrees with me, then WVU is going to wind up in a bad spot... because once this central argument falls away, I actually see nothing standing in the path of the BE attaining injunctive relief.

That all being said - I think it ends up settling. No one gains from this making its way to court - but my personal opinion is that the WVU lawsuit is frivolous.

 

[SU2NASA]

Sure you can. It's called an injunction.
A court would be reluctant to grant one, but if WVU is seen as having no legal leg to stand on, it is definitely a method of relief open to the BE.

Frankly, I think WVU's legal argument is bunk. I think an equally compelling argument could be made that asks: 'was it not reasonably foreseeable that schools might decide to leave the conference when you (WVU) voted on the by-laws? Did you not account for this foreseeability when you voted for the restrictiveness measures (e.g. waiting time - 27 months, and buyout fee $5M)? ' There may be something to the breach of fiduciary duty stuff - but that lies in the facts, which not of us have. It was a good settlement-inducing attack on Marinnato.

Legally, I personally think WVU will have a tough time saying it wasn't foreseeable and therefore a tough time establishing an 'out' for themselves based on Pitt's and SU's declared departure. If the court agrees with me, then WVU is going to wind up in a bad spot... because once this central argument falls away, I actually see nothing standing in the path of the BE attaining injunctive relief.

That all being said - I think it ends up settling. No one gains from this making its way to court - but my personal opinion is that the WVU lawsuit is frivolous.

The best analogy is that of a boyfriend and girlfriend breaking up, and the guy forces the girl to stay til the end of a long lease.

 

[Upstate]

"Not so fast, my friend!"

davidubben David Ubben

From the Big 12 office: "WVU membership in the Big 12 is not contingent upon joining the conference for the 2012-13 season."

 

[Cusefan95]

From the Big 12 office: "WVU membership in the Big 12 is not contingent upon joining the conference for the 2012-13 season."

Translation - "We know by telling the truth we screwed WVU in the effort to get a reasonable settlement with the Big East, so now we're going to try to help them out by lying and hope no one calls our bluff..."

 

[SU2NASA]

No one can make West Virginia show up to a game. If I were WVU I'd tell Marinatto, "you can schedule us to play on October XX, but we won't be there".

 

[Cusefan95]

No one can make West Virginia show up to a game. If I were WVU I'd tell Marinatto, "you can schedule us to play on October XX, but we won't be there".

There are financial concerns that would make this a highly risky/unlikely approach. Besides, if I was a Big 12 rep I wouldn't exactly be thrilled by the idea of aiding a school in clearly breaching their contract since I've got OU & OSU ready to storm out the door any minute - and setting this precedent could come back to bite me personally.

 

[SU2NASA]

There are financial concerns that would make this a highly risky/unlikely approach. Besides, if I was a Big 12 rep I wouldn't exactly be thrilled by the idea of aiding a school in clearly breaching their contract since I've got OU & OSU ready to storm out the door any minute - and setting this precedent could come back to bite me personally.

It would definitely be risky, but I don't see any more financial damages than WVUs share of the Big East contract for the next two seasons. That should be ~$10M.

$10M is about what I figured it would be negotiated too anyway. That $30M from SU, Pitt, and WV means ~$2.5M for each of the remaining 13 schools. For the basketball schools, that'd be like doubling their TV revenue for next season.

 

[All4SU]

Maybe it's time we as fans got involved. "Let our team go, or we will not bring even a single visiting SU fan to your home games." Hit them right in the wallet.

 

[Cusefan95]

It would definitely be risky, but I don't see any more financial damages than WVUs share of the Big East contract for the next two seasons. That should be ~$10M.

$10M is about what I figured it would be negotiated too anyway. That $30M from SU, Pitt, and WV means ~$2.5M for each of the remaining 13 schools. For the basketball schools, that'd be like doubling their TV revenue for next season.

So I'm clear - a school breaching a contractual agreement they've enter into in order to obtain increased compensation elsewhere would be a shrewd business move...but athletes that chose to break their contractual agreement with a school by refusing to play in a BCS bowl game in an attempt to increase their compensation for playing football for the school would be greedy and selfish and need to be shown their proper place?

Breaking a contractual agreement like you are suggesting has a way of having unintended consequences. It's a horrible idea.

 

[Roguz]

You can put anything into a contract you want, but it doesn't mean it is enforceable. I highly doubt any judge would interfere by issuing an injunction preventing West Virginia from leaving the Big East. Injunctions are issued under very, very rare circumstances like when somebody's life is in danger or to prevent the destruction or loss of property that is in dispute. That would only leave the Big East the option of trying to collect damages for WV early departure. West Virginia has already made a very sound argument that the BE was damaged by notice that Syracuse and Pitt were leaving, which left them in the position of scrambling to find a new conference. If anyone has been harmed by this fiasco, it was West Virgina. It is unbelievable the BE thinks it can hold schools in an unstable conference that has a very unpredictable future.

 

[Alsacs]

People the Big XII will either get West Virginia next year and the Big East will settle or Missouri won't be allowed to leave for the SEC till 2013. The Big XII is trying to help the SEC out by adding WVU for next year because if WVU is stuck till 2013/2014 Missouri will be limbo for 1 more season instead of being allowed into the SEC immediately. The SEC is stuck trying to make its schedule for 2012 because of having 13 teams however if WVU can get into the B12 for 2012 then the SEC can gets its 14th team, the B12 gets its 10 teams, and the Big East can add its 7 members and move. Meatball is playing hardball, and I don't blame him but the biggest loser in all of this is Missouri. The Big XII won't be stuck with 9 teams for next year at all.

 

[BlazeOrange]

People the Big XII will either get West Virginia next year and the Big East will settle or Missouri won't be allowed to leave for the SEC till 2013. The Big XII is trying to help the SEC out by adding WVU for next year because if WVU is stuck till 2013/2014 Missouri will be limbo for 1 more season instead of being allowed into the SEC immediately. The SEC is stuck trying to make its schedule for 2012 because of having 13 teams however if WVU can get into the B12 for 2012 then the SEC can gets its 14th team, the B12 gets its 10 teams, and the Big East can add its 7 members and move. Meatball is playing hardball, and I don't blame him but the biggest loser in all of this is Missouri. The Big XII won't be stuck with 9 teams for next year at all.

On the bright side for Missou, a potential one year delay allows them to continue their full court press at their preferred conference (B1G) while having a spot in the SEC as a fallback option.

 

[shantydaze]

Whether the BE asks for a judge to impose specific performance and/or an injunction to keep WVU in for the next 27 months, it likely will need to show it will suffer irreparable harm in WVU is allowed to leave. Depending on which schools join and when may make such a claim difficult.

 

[baggerbob]

This will never go to court, any of the dealings with Notre Dame going back to the beginning, would be in play to prove Big East didn't act in football's best interest. People have speculated different things but nothing factual has come out. I believe Notre Dame will stop the lawsuit from going forward.