WVU to sue BE

[jordoo]

TCU had a 5mil 27month out but only paid 5mil. I know this is because they had not officially started but if they didn't have some sort of agreement going in that they could forgo the 27month thing and were under the same agreement as WVU, SU and Pitt wouldn't that be a presidence that could be sighted saying your letting them go but not us.

 

[MaxwellCuse]

Here's a copy of the filing. Maybe some of you guys who have a legal background can break this down for the rest of us:

http://www.wvmetronews.com/content/File/SKMBT_C45111103114550.pdf

 

[IthacaBarrel]

If that is the basis of the lawsuit, that's a pretty savvy move by WVU. They seem to be essentially putting Marinatto's tenure as BE commish on trial here. Does Marinatto really want to fight this battle or would he rather just take the settlement and move on without further spotlight put on his tenure? I'm betting he chooses option B.

Agreed, On the surface it has some merit but that isn't for a clown like me to decide, I don't blame WVU for trying to get out, I really don't. I don't see it as seedy or underhanded in any fashion. This suit is essentially calling marinatto incompetent and supports what people have been saying for years, how can you have a conference when everyone is trying to get out of it?

 

[elimunelson]

Why wouldn't we join this lawsuit if the case has merits? I suspect we want out asap so we can grab the cash of the ACC. Afterall, contrary to Chancellor speak, this is about money first and foremost.

You guys are wayyy too myopic about this. The ship is already sailing away. We need to make sure the boat gets to land by next year. I still think a global settlement will be reached b/c the teams left behind don't want to be shunned (the BC/Uconn situation). Uconn and Rutgers would be dumb to cut off their nose to spite their face at this point. They should be helping mediate this.

 

[orange03]

Marinnato should be sued for no other reason than being an idiot.

 

[Upstate]

patricksouthern Patrick Southern

Just picked up copy of #WVU's Big East lawsuit. Blames Marinatto for "denigration" of conference.

 

[Cuseman78]

Agreed, On the surface it has some merit but that isn't for a clown like me to decide, I don't blame WVU for trying to get out, I really don't. I don't see it as seedy or underhanded in any fashion. This suit is essentially calling marinatto incompetent and supports what people have been saying for years, how can you have a conference when everyone is trying to get out of it?

I don't blame WVU one iota either. Let's let them do a lot of the dirty work and Pitt and us can piggyback. But good for them though.

 

[orange79]

LOL - page 7 of the filing...

"The departure of members Pitt, UConn, and TCU created an imbalance...". Holy crap! I thought we got the ACC invite, not UConn. There's going to be some unhappy SU admin folks when they hear that.

 

[oldpinepoint]

Interesting, Page 7, Item 32 says that Pittsburgh, Uconn, and TCU are leaving and Not SU. Someone didnt proof read in WV. Sloppy Sloppy Sloppy,

 

[oldpinepoint]

Damn beat me too it orange79

 

[rrlbees]

The West Virginia Scout board is quoting a local media guy as saying "WVU suit against BE claims "lack of leadership, breach of fudiciary duties by the Big East and its commissioner."

That could certainly open up a few cans of worms.

Exactly my response above to the question of sue on what grounds. Basically, the BE leadership are idiots, only care about basketball (specifically Providence) and dragged its' feet on most anything football related.

 

[liljoe]

I understand the logic of wanting to be out early. And I understand why the BE might not want us hanging around for the next year and a half. What I don't understand is why anyone (including but not limited to WVU, SU, Pitt, or any fans) believes we have grounds to leave early. If the contract says $5 million/27 months, what does WVU believe will get them off of that hook?

I agree with an asterisk... I think the position we are in with Pitt is much different, and significantly weaker, than the position WVU is in.

When Syracuse and Pitt left, the big east was essentially the same conference as when we agreed to $5 million and 27 months. WVU, on the other hand, can make a fairly legitimate argument that the make up of the big east changed so dramatically when SU and Pitt left, they were forced into a case of self preservation to get out themselves.

 

[jordoo]

They did note that TCU had their 27 month period waived. That could doom the BE right there unless TCU had some sort of agreement about that before joining.

Also said that the Commich excepted WVU's terms of a buy out and some money.

 

[oldpinepoint]

I agree with an asterisk... I think the position we are in with Pitt is much different, and significantly weaker, than the position WVU is in.

When Syracuse and Pitt left, the big east was essentially the same conference as when we agreed to $5 million and 27 months. WVU, on the other hand, can make a fairly legitimate argument that the make up of the big east changed so dramatically when SU and Pitt left, they were forced into a case of self preservation to get out themselves.

Agree for the most part however arguments could be made on some of the other points about the Commish being an Ass Clown.

 

[liljoe]

Here's a copy of the filing. Maybe some of you guys who have a legal background can break this down for the rest of us:

http://www.wvmetronews.com/content/File/SKMBT_C45111103114550.pdf

Bravo lawyers for WVU... Reads how IThought it would read in my post a couple moments ago. I think it's a slam dunk for WVU. Unfortunately, I don't think it does anything for SU or Pitt leaving early, as that is an instigating factor in WVU feeling forced to leave.

 

[oldpinepoint]

Bravo lawyers for WVU... Reads how IThought it would read in my post a couple moments ago. I think it's a slam dunk for WVU. Unfortunately, I don't think it does anything for SU or Pitt leaving early, as that is an instigating factor in WVU feeling forced to leave.

I think SU could make the same point although its thinner than a WVU Fat Chick

 

[Blaster]

i have a pritty good feeling that once the BE invites some of these schools they will let us go anyway. they are just talking tough to raise the buyout and such.

 

[longtimefan]

can make a fairly legitimate argument that the make up of the big east changed so dramatically when SU and Pitt left, they were forced into a case of self preservation to get out themselves.

But Pitt and SU have not yet left. Thus the counter-argument--no merit to the claim until the 27-month period expires or SU/Pitt leave, whichever comes first.

 

[Upstate]

Mengus22 Mark Ennis

Seems to the non-legal eye, if West Virginia is right, then the bylaws don't apply to anyone anymore. Everyone's free to go.

 

[Upstate]

Here's a copy of the filing. Maybe some of you guys who have a legal background can break this down for the rest of us:

http://www.wvmetronews.com/content/File/SKMBT_C45111103114550.pdf

Upon reading the document, I can confirm that it does, in fact, look like a lawsuit.

 

[rrlbees]

Mengus22 Mark Ennis

Seems to the non-legal eye, if West Virginia is right, then the bylaws don't apply to anyone anymore. Everyone's free to go.

I agree with this guy. If WVU is successful, based upon their grounds for the suit, it would be applicable to anyone, not just WVU.

 

[OrangePA]

Here's a copy of the filing. Maybe some of you guys who have a legal background can break this down for the rest of us:

http://www.wvmetronews.com/content/File/SKMBT_C45111103114550.pdf

Before reading the Complaint I guessed that there would be an allegation of "unreasonable restraint of trade"

That is the theory that Al Davis used to move the Raiders to LA.

The "unreasonable restrain of trade" allegation is set forth in the Complaint.

I like the theory - a 27 month delay might violate anti-trust law.

Good theory.

 

[Upstate]

Mengus22 Mark Ennis

Suffice it to say, West Virginia is making a lot of enemies with this lawsuit and clearly doesn't care.

Bees, I'm with him too. Interesting concept. Has anyone sued their conference and won? WVU really seems to want to cut ties ASAP. It is kind of funny, to be honest. You have to imagine that the B12 has given them the best legal team to get out ASAP. The B12 needs them next season with Mizzou sneaking out of its room with tied up bedsheets.

edit: To pile it on even more, WVU snitching on RU, Cincy, LVille talking to the ACC, SEC, B1G and B12 is really setting them up to look like a huge d***

 

[longtimefan]

I like the theory - a 27 month delay might violate anti-trust law.

Good theory.

Continuing to play Devil's Advocate--A 27-month delay that was written into a contract that was signed by all parties.

Now, while the anti-trust "right" is not really such, could it be considered "inalienable"--that is, it can't be signed away?

 

[Alsacs]

I just read the lawsuit, WVU isn't winning the contract portion of the suit unless the trial is in WV and the jury doesn't apply the law. Their legal argument is flawed severely by arguing that the Big East accepted their offer of withdrawal immediately by accepting 2.5 million dollars is not correct. WVU has to pay a 5 million dollar withdrawal fee before the 27 months expire. Unless WVU offered a higher a buyout to the Big East and made the 2.5 million a part of that offer then the Big East accepting the check would be acceptance if they cashed it, then WVU would have a case. They are going to lose the contract argument easily. The breach of fidcuiary duties claim should get interesting because Meatball Marinatto should sweat this one because all of his contact with Big East Presidents through email and letter becomes part of discovery and if it turns out Marinatto has been taking order from the Catholic schools to the detriment of the football schools he is in trouble. Providence Journal Stooge Kevin McNamara keeps reporting the Big East Basketball schools won't add any schools until Boise commits. If Marinatto isn't fighting them on that he is screwing the football schools. I think with the breach of fiduciary duties claim Marinatto is going to sweat and probably settle the case for a higher buyout and WVU will be gone because it is pretty clear this guy's agenda is protecting the basketball schools and hasn't been as proactive as he could for the football schools.