The ACC and UMD were back in court yesterday...

[FAL]

 

[SU2NASA]

 

[CuseLegacy]

1. David Teel ‏@DavidTeelatDP 23m
2. Advantage: #ACC. MT @sunjeffbarker: MD's suit vs. ACC -- alleging exit fee is anti-competitive -- has been stayed pending NC case.

• 1. Mark G. ‏@mtgassr 14m
  2. @DavidTeelatDP @sunjeffbarker this decision doesn't really do anything right? MD is no worse off if they had not decided not to file suit.
  
  

1. 
   David Teel ‏@DavidTeelatDP 7m
   @mtgassr @sunjeffbarker My understanding is this rejects MD claim that fee violates anti-trust law.

 

[CuseLegacy]

1. Jeff Barker ‏@sunjeffbarker 16m
2. North Carolina case is still early in proceedings so Maryland-ACC court battle seems to have a ways to go...

• 1. Jeff Barker ‏@sunjeffbarker 18m
  2. So the court dismissed a portion of Maryland's suit against the ACC --but left the rest intact pending resolution of case in North Carolina.
  
  

2. Jeff Barker ‏@sunjeffbarker 35m
3. ACC attorneys had argued that issues in Maryland lawsuit were too similar to those already raised in by the conference in NC court. #Terps

1. Jeff Barker ‏@sunjeffbarker 36m
2. Maryland's suit vs. ACC -- alleging exit fee is anti-competitive and should not be enforced -- has been stayed pending outcome of NC case..

1. 
   Jeff Barker ‏@sunjeffbarker 38m
   Maryland lawsuit vs. ACC isn't dismissed but is stayed until outcome of case in North Carolina.

 

[Alsacs]

1. Jeff Barker ‏@sunjeffbarker 16m
2. North Carolina case is still early in proceedings so Maryland-ACC court battle seems to have a ways to go...

• 1. Jeff Barker ‏@sunjeffbarker 18m
  2. So the court dismissed a portion of Maryland's suit against the ACC --but left the rest intact pending resolution of case in North Carolina.

1. Jeff Barker ‏@sunjeffbarker 35m
2. ACC attorneys had argued that issues in Maryland lawsuit were too similar to those already raised in by the conference in NC court. #Terps

1. Jeff Barker ‏@sunjeffbarker 36m
2. Maryland's suit vs. ACC -- alleging exit fee is anti-competitive and should not be enforced -- has been stayed pending outcome of NC case..

1. 
   Jeff Barker ‏@sunjeffbarker 38m
   Maryland lawsuit vs. ACC isn't dismissed but is stayed until outcome of case in North Carolina.

I am talking about this on another board. Its a good ruling for ACC. Now I expect the UMD lawyers to file for diversity in NC and get the case out of NC District Courts which judges are elected, and into federal court where they are appointed.

 

[44PRIDE]

QUESTION:
How many of you started reading that article and associated posts...only to get halfway down the page before realizing this thread was originally from May?

 

[SU2NASA]

QUESTION:
How many of you started reading that article and associated posts...only to get halfway down the page before realizing this thread was originally from May?

I didn't.

 

[CuseLegacy]

By Jeff BarkerThe Baltimore Sun
2:16 p.m. EDT, June 28, 2013
A Prince George's County Circuit Court judge dismissed a small portion of Maryland’s suit against the Atlantic Coast Conference on Friday and put the rest on hold pending the resolution of a case in North Carolina.
Both suits are part of a legal tangle that ensued after Maryland -- one of the ACC’s original members -- announced in November 2012 that it was departing for the Big Ten, effective in July 2014.
Friday’s decision by Judge John Paul Davey was a victory for the ACC, but not a complete one. Davey accepted the ACC’s argument that the two cases should not proceed simultaneously because they were too similar to be treated independently.

But the judge left intact most of Maryland’s lawsuit that the ACC had hoped to dismiss.
The ACC struck first last November, asking a North Carolina court to declare that Maryland is subject to the full exit fee -- $52,266,342 – for announcing it was leaving the conference. Resolution of that suit is still in the early stages in Superior Court for Guilford County.
Maryland countered with its own suit alleging that the exit fee is anti-competitive and should not be enforced.
Maryland’s suit also said the ACC is improperly withholding shared conference revenues from the school. In December, the conference withheld a distribution of about $3 million owed to Maryland as what it called an "offset" against the exit fee.
The ACC argued last month that Maryland’s suit should be dismissed.
But Davey left three of Maryland’s four counts intact, dismissing only a count in which Maryland alleged its economic and competitive standing was harmed by leaving the ACC. The judge said Maryland had publicly declared that it gained financially from joining the Big Ten.
Davey stayed the rest of Maryland’s suit pending the outcome of the North Carolina case, in which preliminary motions have been filed.
“The decision of the North Carolina Court and the decision by this Court could be similar to one another, could directly compete with one another, and/or could leave unresolved issues,” the judge said in a 36-page opinion.
“Permitting both matters to proceed simultaneously plainly risks inconsistent and/or competing determinations of fact and law, an outcome this Court seeks to avoid,” his opinion said.
Reaction from Maryland and the ACC is expected later today.


Read more: http://www.baltimoresun.com/sports/terps/tracking-the-terps/bal-judge-dismisses-part-of-maryland-lawsuit-against-the-acc-20130628,0,7932085.story#ixzz2XXmSpAJd

 

[Moontan]

QUESTION:
How many of you started reading that article and associated posts...only to get halfway down the page before realizing this thread was originally from May?

Tapatalk took me right to today's first post.

 

[HtownOrange]

The Maryland Court granted the most important issue in that the stay works for the NC court benefit. Maryland cannot seek their court to pull strings and rule before the NC court rules, which is really what Maryland needs. The original action was filed in NC before UMD filed in MD, thus the first court should hear issues. The judge acknowledges that UMD may have issues that don't get resolved in the NC court so they are "stayed" until the NC court rules and the MD court will the determine whether UMD's other issues were addressed and resolved by the NC court.

The other ruling that UMD is placed in economic disadvantage was thrown out and this is good because the courts are looking at statements made by UMD officials. The officials admitted they were coming out ahead by joining the B1G so a temporary setback is not an issue. Further, the withheld payouts are that much more likely to be justly withheld and UMD will have a hard time ever seeing that money though they will get an offset against the final amount of the exit fee.

 

[IthacaMatt]

I am talking about this on another board. Its a good ruling for ACC. Now I expect the UMD lawyers to file for diversity in NC and get the case out of NC District Courts which judges are elected, and into federal court where they are appointed.

It's still going to be in NC if they file for diversity. That only removes you from state court to federal court. You're still in NC.

 

[Btstimpy]

The Maryland Court granted the most important issue in that the stay works for the NC court benefit. Maryland cannot seek their court to pull strings and rule before the NC court rules, which is really what Maryland needs. The original action was filed in NC before UMD filed in MD, thus the first court should hear issues. The judge acknowledges that UMD may have issues that don't get resolved in the NC court so they are "stayed" until the NC court rules and the MD court will the determine whether UMD's other issues were addressed and resolved by the NC court.

The other ruling that UMD is placed in economic disadvantage was thrown out and this is good because the courts are looking at statements made by UMD officials. The officials admitted they were coming out ahead by joining the B1G so a temporary setback is not an issue. Further, the withheld payouts are that much more likely to be justly withheld and UMD will have a hard time ever seeing that money though they will get an offset against the final amount of the exit fee.

To me not being an attorney here, this just looks like the Maryland Judge punted this case down the road in deferrence to the case in North Carolina court. He wants to know the outcome of that case before ruling in his case. I'm not sure who that helps here, Maryland or the ACC, because he will still go back and hear Maryland's case later. Is it like it has been continued?

 

[Moontan]

Meanwhile the exit notification date gets closer...

 

[Btstimpy]

I am talking about this on another board. Its a good ruling for ACC. Now I expect the UMD lawyers to file for diversity in NC and get the case out of NC District Courts which judges are elected, and into federal court where they are appointed.

I'm reading on another board that Maryland would have needed to do this within 30 days of being served the lawsuit. I don't know if they can go back and do this now. They are also saying that the ACC lawsuit in North Carolina isn't about the amount of the exit fee, so it is not for more than $75,000. The North Carolina case is about whether the Exit Fee is enforceable under North Carolina law and follows proper procedure? The other board is the Georgia Tech board, and there is a poster there with your same user name, so I may be on the same one you have been on.

 

[HtownOrange]

To me not being an attorney here, this just looks like the Maryland Judge punted this case down the road in deferrence to the case in North Carolina court. He wants to know the outcome of that case before ruling in his case. I'm not sure who that helps here, Maryland or the ACC, because he will still go back and hear Maryland's case later. Is it like it has been continued?

The case was filed in NC first. If a second case is filed and covers the same or similar issues with the same parties, the second court should deny hearing the case until the first court has ruled. You may see this a punting but in reality it is very big. Also, UMD will not have an home field advantage for the court, they must appear in NC. Theoretically this means nothing but judges still live in their communities, even federal judges. Plus, any jury comes from the NC pool, not a MD pool.

You are correct that the MD judge wants to know the outcome of the NC court before ruling on anything. However, that is proper procedure and it benefits the ACC. The MD judge will not hear an issue that is properly decided by the NC court. If any issue remains that was not ruled on by the NC court, the MD judge will then consider hearing that issue. The MD case is stayed, which is indefinite whereas a continuance is usually for a short period with a definite date to return, same idea, though, the court will do nothing in this time period.

 

[All4SU]

I don't see how they could have done that yet without having officially exited the ACC. It's only their Big 10 earnings that they can pledge to the league. Can't force them to give the revenues from another conference (at least, I don't think so ...).

I would imagine that their inability to get out of the ACC would void their GOR contract with the B1G. Don't expect that to happen, but it would be great.

 

[gmoney44]

I would imagine that their inability to get out of the ACC would void their GOR contract with the B1G. Don't expect that to happen, but it would be great.

I for one would have liked to play Maryland every year. Good road game city, we have some history with them, and geographically they make sense..

 

[Alsacs]

It's still going to be in NC if they file for diversity. That only removes you from state court to federal court. You're still in NC.

The case would remain in NC with NC law being applied in Federal Court, but the judge would be appointed and not an elected NC District Court Judge who would have more public pressure to rule in the ACC's favor due to re-election. A federal judge won't have to fear for re-election as they have the job for as long as they want it.