Pittsburgh, Syracuse not likely to play in ACC by 2012

[orange79]

I'm a lawyer in WV now. The first filed action in WV will likely move forward to conclusion and at some point the RI action will be stayed. WVU cannot be made to stay in the Big East. That is akin to slavery. The remedy for breach of contract is not mandating compliance, because a Court ruling to that effect would practically speaking be unenforceable. The remedy for breach of contract is how much money it takes to make the BE whole. Either WVU and the BE can agree on that amount themselves or at some point, they can present evidence of such damages and have a third party--a judge or jury-- decide the issue, hence the race to the courthouses of WV and RI. Of course breach still has to be proven and will be vigorously contested, but my point is that the remedy is cash not indentured servitude. I would agree that either way WVU is gone for 2012. The Big East is weighing whether to settle now so BE teams can fill schedules or fighting to the latest date so they can't and instead maximizing damages. Fans lose without the extra game, but the big East and it's member teams will still get the cash they would have made.

Slavery? Really? Slavery?

Must be some vastly different definitions of things in WV.

 

[shantydaze]

I have read the WVU Complaint.

The legal theories advanced are just plain silly.

I am not a commercial litigator but it seems to me that the allegations are pretty easily dismissed.

If this was true (the part about the allegations being easily dismissed), the BE should have been able to successfully file a motion to dismiss. The court ruled against the BE on its motion, however. I expect we will next see a motion for summary judgment from the BE.

I have not read either lawsuit, but the biggest issue in both likely is whether the BE will suffer irreparable harm if West Virginia breaches its contract with the league. If the answer is "no", I doubt an injunction restricting WVU from leaving will ordered. Instead, WVU will simply need to pay the league for its damages, i.e. lost revenue. This is not a fine, penalty or anything punitive. Rather, it is simply reimburse the league for the money it lost.

Something else to keep in mind is that an order on damages is simply a finding by a court that one party owes another money. In most states, there is no order directing payment so the successful party stills need to collect the judgment. While there are several ways to collect a judgment, it is conceivable that a court could rule WVU owes the league money, but the league is unable to collect it.

 

[baggerbob]

Actually if West Virginia, Syracuse, Pitt wanted to be ***** they could sue John and the Big East for failure to fulfill their obligations. From 1991-2003 when Miami,VT were in the league we had 35 finishes in the top 25 as a league. Miami-12,VT-9,Syr-7,BC-4,WV-2,Pitt-1 the league lost a lot of prestige and recruiting was affected which also created the perception we have now. A good case could be made they owe our 3 schools a substantial amt of money for staying in this league.

 

[orange79]

Actually if West Virginia, Syracuse, Pitt wanted to be ***** they could sue John and the Big East for failure to fulfill their obligations.

Isn't this exactly what WV did?

 

[cuseincincy]

I really have never understood why that bothers people so much. I have a friend who sends me lengthy emails, all in caps. I guess everyone has their preferences but that has never bothered me. I'm sure I'm in the minority.

ME NEITHER. I FIND ALL CAPS MUCH EASIER TO READ BUT THEN, MAYBE WE'RE JUST OLD AND PREFER THE LARGE TYPE!?

 

[Orangeyes]

ME NEITHER. I FIND ALL CAPS MUCH EASIER TO READ BUT THEN, MAYBE WE'RE JUST OLD AND PREFER THE LARGE TYPE!?

Love it don't even need to use reading glasses, it's like training wheels on a bike, it's so easy .

 

[zls44]

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