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[QUOTE="Crusty, post: 419200, member: 2265"]
I am not a lawyer but I have probably been involved in more litigation than most lawyers. One thing I have learned is that a contract is nothing more and nothing less than the judge says it is. You notice than President Loh is a law professor and he mentioned "liquidated damages" because they can be difficult to enforce.  (Notice how he bent over backwards to avoid using the word "fees" and used "sum" instead?) Judges don't like liquidated damages clauses because they take certain decisions out of the judge's hands - and judges, especially federal judges, have the same God complexes as surgeons. This is why these things tend to get negotiated away and Loh certainly knows these things and he is counting on them.
 
On the other hand the ACC will sue in Greensboro NC and hope for a friendly judge. They know that they need to win in order to end the musical chairs and I suppose that will make them very difficult to negotiate with - I certainly hope so. 
 
In he end I would bet that one of the followingtwo things happen:
[LIST=1]
[*]ACC loses, probably on appeal
[*]Settlement for a hefty amount; less than the full $50 million but enough to be a credible deterrent.
[/LIST]
Man, do I hate lawyers.
[/QUOTE]

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