WVU to sue BE

[Toga]

Did Marinetto / Big East really spell it "council" in their press release? Really?

 

[Alsacs]

BTW the WVU lawyers made a clear mistake in the lawsuit which is awful. On line 32 it said with the departure of Pitt, UConn, and TCU. It should be Syracuse instead of UConn they correct it in the next line, but its awful editing by the lawyers and should never have been filed with the incorrect school.

 

[liljoe]

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.

I can see it working for everyone else but Syracuse and Pitt. SU and Pitt have no claim of a breach on contract or unreasonable burden in staying. They caused this decline (through legitimate means- the Claus isallowing which is accepting the possibility of schools leaving).

It would be like stealing from a Wendy's restaurant (fine take out dining), and by the time you go on trial it's changed to a taco bell, and thus arguing you shouldn't be found guilty because taco bell sucks and you would have stolen from it.

 

[chakka3421]

Most lawsuits settle before they reach trial - it does expose all parties to the public. I still hope SU stays out of this fight and takes the high road. Never burn your bridges is the old adage. It would be interesting to see how the inner workings of a commish & conference works since everything will come to light.

 

[Moontan]

Interesting that they didn't mention the ESPN contract renewal rejection. Either WVU voted against the renewal or they omitted additional evidence against the conference and/or its commissioner.

Interesting to read that non-football schools vote on football matters.

The nicest way out of this situation is for the BE to pre-negotiate an AQ extension as well as membership requirement (6 teams?) waiver similar to 2003 as it could argue that this was due to another raid by BCS conferences. This would need to happen ASAP so that other schools could join the BE effective July 1st (seems unlikely). I'm not sure if the other conferences would be game to do this again.

Short of such actions, be prepared for at least one more year of BE membership.

 

[arbitragegls]

...although i posted above, it seems there are two other points that should be brought up in defense of teams leaving:

1. Why was media contract for over $1,000,000,000 voted down and by whom...how many bball schools voted against
2. Why were no other football teams invited to join the conference once TCU came aboard

Just wondering...seems like M was not thinking as a conference leader but more of a bball commish

 

[Alsacs]

I can see it working for everyone else but Syracuse and Pitt. SU and Pitt have no claim of a breach on contract or unreasonable burden in staying. They caused this decline (through legitimate means- the Claus isallowing which is accepting the possibility of schools leaving).

It would be like stealing from a Wendy's restaurant (fine take out dining), and by the time you go on trial it's changed to a taco bell, and thus arguing you shouldn't be found guilty because taco bell sucks and you would have stolen from it.

Wrong I disagree if WVU wins on grounds the Big East Commish Marinatto breached his fidcuiary duties by not acting in the best interest of the football schools by not adding schools to protect the basketball schools he isn't acting as the CEO/Executive of all of his members. This lawsuit is going to be juicy on that ground. Wait till all the documents and emails come out and the meeting minutes it will show who was where and if Meatball Marinatto acted in good faith for the football schools. Plus, don't forget WVU was yearning for a SEC bid they have been working on this document before SU and Pitt got invited into the ACC.

 

[TexanMark]

Interesting that they didn't mention the ESPN contract renewal rejection. Either WVU voted against the renewal or they omitted additional evidence against the conference and/or its commissioner.

Interesting to read that non-football schools vote on football matters.

The nicest way out of this situation is for the BE to pre-negotiate an AQ extension as well as membership requirement (6 teams?) waiver similar to 2003 as it could argue that this was due to another raid by BCS conferences. This would need to happen ASAP so that other schools could join the BE effective July 1st (seems unlikely). I'm not sure if the other conferences would be game to do this again.

Short of such actions, be prepared for at least one more year of BE membership.

That is my guess...Cuse and Pitt stay one more year. Even if they have 7 schools next Fall the BCS will waiver the BE for next season. I do want to get to the ACC ASAP but one more year isn't so bad. Maybe even a tailgate in Houston or Dallas.

 

[rrlbees]

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.

Agree with all of that. And I am sure a lot of him being a meatball happened before SU and Pitt left. It will be interesting to see how far this goes and what gets made public. If there is even one item of acting untoward the football schools, he'll likely never let it get to court and just negotiate something more favorable to WVU along with Pitt/SU.

 

[Upstate]

That is my guess...Cuse and Pitt stay one more year. Even if they have 7 schools next Fall the BCS will waiver the BE for next season. I do want to get to the ACC ASAP but one more year isn't so bad. Maybe even a tailgate in Houston or Dallas.

Win the BE in 2012 and give the BE an "upper decker" in the Providence HQ bathroom on our way to the ACC

 

[rrlbees]

...although i posted above, it seems there are two other points that should be brought up in defense of teams leaving:

1. Why was media contract for over $1,000,000,000 voted down and by whom...how many bball schools voted against

I read someplace that the bball schools voted against it as well as rutgers. Pitt was against it also but in the end voted for it.

 

[Jake]

In order to get out of BE for next year.

Dear West Virginia,

Thank you for taking on this lawsuit. We (quietly) wish you all the luck in the world.

Signed,
Pitt and Syracuse

PS: You should probably read the fine print on the Big 12 deal, because if that things goes "boom" again, you're screwed.

 

[sufan]

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

----------------------

Have to love the lawyers:

1) the all sports but football schools should have the right to vote on potential all sports football members because it affects who they will be playing; this has been part of the conference from the beginning.

2) SU, Pitt and TCU leaving gives the all sports but football members greater voting power; hardly a surprise.

3) the Big East has been slow to agree on an expansion plan because schools such as WVU, UL, presumably Cinn, UConn, RU have been exploring their options; potential schools to be invited have only within the last few days learned that the Big 12 for now plans to only expand to 10 teams;

4) the Big East can't let WVU, SU, Pitt leave early until they have replacement schools who also have to give notice

5) At present there are 5 all-sport schools: RU, UConn, USF, Cinn, UL;
UL and/or Cinn could easily be out the door depending on what the Big 12 eventually decide:

Should be an interesting meeting tomorrow:
a) will they invite UCF, Houston, SMU as all sports members with Boise, Air Force, Navy as football only?
b) will these schools join?
c) are the offers conditional on Boise?
d) Will the BB schools say forget it: they don't want to add schools in Texas and another FL school as all sports members;
e) Who is in reserve if UL or Cinn leaves: Temple, Memphis, ECU: would the BB schools support adding those schools?

 

[Toga]

I read someplace that the bball schools voted against it as well as rutgers. Pitt was against it also but in the end voted for it.

Exactly why did the BB schools (and ND) vote against?

 

[cuseguy]

We don't look good as it is. We need to lay low on this. Let WV do the dirty work. If we get out early as a result, so be it. If we have to stay another year or even two years, I don't mind. That's more years of the BE tourney instead of the, ugh, tourney in nowheresville.

 

[chakka3421]

The argument about Commish M not looking out for football can easily be countered by the potential addition of TCU. The lawsuit is bogus - it's just a play to settle and get out early. If a college can replace WVA in 2012 to maintain AQ status - then they can settle.

By the way, SU & Pitt are a package - the ACC will not want to schedule for 13 teams - that would be dumb. The ACC will want to stay above the fray.

The problem with this whole thing is simply AQ status and the BCS system itself. If I were commish M - I would fight this and make WVA pay dearly - too much money at stake. WVA will be exposed as well as the BE - this will not end pretty.

 

[rrlbees]

PS: You should probably read the fine print on the Big 12 deal, because if that things goes "boom" again, you're screwed.

Absolutely. As I posted elsewhere last night, Swaim claims none of the B12 schools have actually signed that 6 TV deal. And rumors from a few of those B12 tweeters is that Okie and Okie St are still talking to other conferences, specifically the SEC. If that happened you can bet Texas is gone someplace. WVU and eventually Lville and maybe Cincy could end up in a conference that crashes and burns in some way. lack of star power or complete disintegration.

 

[orange79]

If this ever gets to trial (which I don't think it will for many reasons), can we file a Friend of the Court brief?

Seriously though, I don't think it will make it because Macchiato will not want to suffer through the litany of his 'actions and inactions ' (to quote the filing) in open court. Plus, waiting for this to come to trial will probably last 27 months anyway.

 

[rrlbees]

The argument about Commish M not looking out for football can easily be countered by the potential addition of TCU. The lawsuit is bogus - it's just a play to settle and get out early. If a college can replace WVA in 2012 to maintain AQ status - then they can settle.

It creates a starting point for negotiations and like our legal beagle said, it may put Marinara and the BE in a precarious position if emails and other communications become evidence. I doubt WVU has real thoughts of winning this thing but instead making the BE give them some concessions on the money and time frame.

 

[orange79]

I read someplace that the bball schools voted against it as well as rutgers. Pitt was against it also but in the end voted for it.

So, Mr. Smart Media Guy Pernetti essentially screwed Rutgers. Job well done, Tim.

 

[liljoe]

.Plus, don't forget WVU was yearning for a SEC bid they have been working on this document before SU and Pitt got invited into the ACC.

Stick to the facts...

 

[wallacecuse]

Why does it seem as though Marinatto is the only commish of any conference playing hardball when it comes to the bylaws? Didn't Utah, Colorado, Nebraska all join their new conference the next academic year?

Secondly, why does it seem as though he is expecting the schools he wants to poach to come aboard ASAP, yet he is steadfast on the 27 months for those leaving the BE? What will he do when the 27 months is up for all 3, and he is still waiting for new FB schools if they are held to a waiting period? Does he have a plan for that?

 

[OrangePA]

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"--can't be signed away?

Well, the NFL franchise rules were also adopted by the owners before Al Davis moved the team.

Al, as he began doing at that time, announced that he was reserving his rights, but the rule was enacted by the owners.

The transfer rule was found to violate the Sherman Act.

I am not an anti-trust lawyer but the 27 month period might violate the rule of reason under Sherman.

 

[Toga]

Well, the NFL franchise rules were also adopted by the owners before Al Davis moved the team.

Al, as he began doing at that time, announced that he was reserving his rights, but the rule was enacted by the owners.

The transfer rule was found to violate the Sherman Act.

I am not an anti-trust lawyer but the 27 month period might violate the rule of reason under Sherman.

 

[SURules]

This whole this is getting ugly but hysterical at the same time. In the ESPN article WVU states the following based upon the lawsuit.

"West Virginia alleges Marinatto failed to take proactive measures to ;maintain, let alone enhance the quality of competition in the league' and the school had no choice but to accept an invitation to the Big 12."
http://espn.go.com/college-sports/s...east-places-blame-commissioner-john-marinatto

Wasn't it Luck, the WVU AD, that said the New BigEast would be better without Pitt and Syracuse as Navy and Airforce are better or something to that affect? Sounds like a ton of double talk to me.

WVU made a commitment to the Big12 that they would join them next year which is conflict to the signed agreement with the BigEast organization for 27 months. WVU is desperate and it could cost them BIG possibly. What if the courts say they can't leave and the Big12 drops them as their inclusion was contingent on joining next year? What a mess.