WVU to sue BE

[rrlbees]

"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.

Yep, that was him saying Air Force and Navy had better football programs. Would be something the BE could use to counter.

 

[DoctorBombay]

 

[arbitragegls]

Zagsblog says BE has advantage in suit...see link following initial #:

While West Virginia has sued the Big East to join the Big 12 by next season, the Big East has the stronger argument in the case, according to two sports law attorneys interviewed by SNY.tv. “I think the Big East has the stronger argument because West Virginia has agreed to the rules and because the other schools that are trying to leave [Syracuse and Pittsburgh] have also agreed to abide by those rules,” Michael McCann, editor in chief of the Sports Law blog and a tenured professor at Vermont Law School, told SNY.tv by phone Monday.
McCann also said that because the lawsuit was filed in West Virginia state court, “The Big East will try to challenge that.”

http://www.zagsblog.com/

 

[TexanMark]

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

Gross had no idea what that was

http://www.urbandictionary.com/define.php?term=upper+decker

 

[rrlbees]

Zagsblog says BE has advantage in suit...see link following initial #:

While West Virginia has sued the Big East to join the Big 12 by next season, the Big East has the stronger argument in the case, according to two sports law attorneys interviewed by SNY.tv. “I think the Big East has the stronger argument because West Virginia has agreed to the rules and because the other schools that are trying to leave [Syracuse and Pittsburgh] have also agreed to abide by those rules,” Michael McCann, editor in chief of the Sports Law blog and a tenured professor at Vermont Law School, told SNY.tv by phone Monday.
McCann also said that because the lawsuit was filed in West Virginia state court, “The Big East will try to challenge that.”

http://www.zagsblog.com/

They are forgetting one thing that has been discussed here. WVU may not expect to win the lawsuit free and clear and the BE may have the upper hand in the arguments of the case. But, I have no doubt that there are emails, letters, etc that Marinara and the BE would not want to have come out.

 

[orange79]

But, I have no doubt that there are emails, letters, etc that Marinara and the BE would not want to have come out.

Like the replies from MD, PSU, ND, etc when they were asked if they would like to join the BE.

"BWAHAHAHAHAHAHAHAHAHAHAHAHAHA. No really...what did you want to ask?"

 

[N.Y. Orangeman]

Stay Classy, West Virginia.

So glad we are going out with a little more respect for the BE and our common history.

 

[Guinness]

They are forgetting one thing that has been discussed here. WVU may not expect to win the lawsuit free and clear and the BE may have the upper hand in the arguments of the case. But, I have no doubt that there are emails, letters, etc that Marinara and the BE would not want to have come out.

^This

I would imagine this thing will get settled and WVU will be gone early because no way does the BE want all this info coming out.

 

[JOC44]

As a matter of pure law, I don't see that WVU has a case. Al Davis got to move because the NFL was a monopoly. The Big East is not a monopoly. Moreover, the "things have changed" argument doesn't work because Syracuse and Pitt are still in the conference for the next 26 or so months.

But this isn't a case filed strictly for its legal merit. It is filed in West Virginia state court, and West Virginia judges are elected, so there will be immense local pressure on the judge. There is no automatic right of appeal in West Virginia, so if the trial judge issues some bad rulings for the Big East, the West Virginia Supreme Court doesn't even have to take the case if it doesn;t want to (and there's no court in West Virginia between the trial court and the state supreme court). Even if this case doesn't lead to a legal win for WVU, you can bet that discovery will be a painful, painful exercise for the Big East. As a result, this is probably a shot at getting a favorable trial court ruling even if there reeally isn;t a viable legal argument and/or creating such a painful litigation exercise that the Big East settles.

 

[SmilinBob]

My guess is that the big east finds a way to keep what is said quiet and out of the public if anything does go to the next level hearing wise. I wonder what is in the small writing in the contract regarding leaving the conference is.

 

[All4SU]

We need Boise State and the others to tell the Big East, "We want in, but only if WVU, SU and Pitt are gone immediately." Make it happen Dr. G.

 

[SmilinBob]

Stay Classy, West Virginia.

So glad we are going out with a little more respect for the BE and our common history.

That is an oxymoron, the stay classy wv thing.

 

[Scooch]

For as much as I've spent the past 15 years of my Internet existence complaining about the Big East, I find what's going on now to be pretty sad. Seems like it's all-out war now, both between schools, and between schools and conference leadership. It's terribly unfortunate, IMHO.

I don't blame Marrinato for sticking to his guns on the 27-month exit clause. No other BCS conference has faced an existential crisis like the Big East has (twice). The B12 could let aTm, Nebraska and Colorado walk because the league itself was always going to exist with AQ status as long as Texas & Oklahoma were members. The BE does not have that security.

As for the "embarrassment" that a lawsuit could bring to the BE, it may work both ways. It seems like WVU is hinging this case on the notion that the BE hasn't addressed it's membership issues, thus "forcing" WVU to the B12 (how friggin' laughable is that, like WVU wouldn't have left even if SU & Pitt were still in the league). What we might find is that the BE was in process of inviting UCF, Houston, SMU, Boise St, Navy and Air Force. If WVU had hung around another couple months I suspect all of those schools would have been offered membership. So then what exactly is WVU's claim? That the BE didn't add 6 more schools within weeks of SU & Pitt departing? Is that realistic to expect?

 

[EastBayCuse]

'Cuse should be patient and use their remaining time in BE to recruit and prepare for ACC competition - we are not ready to compete with the top tier ACC teams right now.

 

[orange79]

For as much as I've spent the past 15 years of my Internet existence complaining about the Big East, I find what's going on now to be pretty sad. Seems like it's all-out war now, both between schools, and between schools and conference leadership. It's terribly unfortunate, IMHO. Agreed.

I don't blame Marrinato for sticking to his guns on the 27-month exit clause. No other BCS conference has faced an existential crisis like the Big East has (twice). The B12 could let aTm, Nebraska and Colorado walk because the league itself was always going to exist with AQ status as long as Texas & Oklahoma were members. The BE does not have that security. Agreed.

As for the "embarrassment" that a lawsuit could bring to the BE, it may work both ways. It seems like WVU is hinging this case on the notion that the BE hasn't addressed it's membership issues, thus "forcing" WVU to the B12 (how friggin' laughable is that, like WVU wouldn't have left even if SU & Pitt were still in the league). What we might find is that the BE was in process of inviting UCF, Houston, SMU, Boise St, Navy and Air Force. Rumors are that after the meeting today, invites are going out to some combination (or all) of these schools.

 

[SmilinBob]

I wonder what happens to the big 12 when ou and osu leave for the sec?

 

[Moontan]

As for the "embarrassment" that a lawsuit could bring to the BE, it may work both ways. It seems like WVU is hinging this case on the notion that the BE hasn't addressed it's membership issues, thus "forcing" WVU to the B12 (how friggin' laughable is that, like WVU wouldn't have left even if SU & Pitt were still in the league).

It would be funny if the BE could show that WVU was (one of) the first to start fishing in other conference waters, and that Syracuse and Pitt felt that they had to leave since the conference would be unstable with WVU's (potential) departure.

I still don't know how WVU voted on ESPN's BE contract renewal proposal. If they voted against the renewal then that would work against them as well.

Nothing quite like asking for your own dirty laundry to be hung out in public... such may be the way of the nation's couch burners.

 

[rrlbees]

For as much as I've spent the past 15 years of my Internet existence complaining about the Big East, I find what's going on now to be pretty sad. Seems like it's all-out war now, both between schools, and between schools and conference leadership. It's terribly unfortunate, IMHO.

I don't blame Marrinato for sticking to his guns on the 27-month exit clause. No other BCS conference has faced an existential crisis like the Big East has (twice). The B12 could let aTm, Nebraska and Colorado walk because the league itself was always going to exist with AQ status as long as Texas & Oklahoma were members. The BE does not have that security.

As for the "embarrassment" that a lawsuit could bring to the BE, it may work both ways. It seems like WVU is hinging this case on the notion that the BE hasn't addressed it's membership issues, thus "forcing" WVU to the B12 (how friggin' laughable is that, like WVU wouldn't have left even if SU & Pitt were still in the league). What we might find is that the BE was in process of inviting UCF, Houston, SMU, Boise St, Navy and Air Force. If WVU had hung around another couple months I suspect all of those schools would have been offered membership. So then what exactly is WVU's claim? That the BE didn't add 6 more schools within weeks of SU & Pitt departing? Is that realistic to expect?

I think the only point of the suit is that the BE will not want it to go to court and have everything come out. Nobody can convince me there that wasn't ever any back room dealing or documentation/e-mails that would shine negatively on Marinara and the BE.

 

[orange79]

I think the only point of the suit is that the BE will not want it to go to court and have everything come out. Nobody can convince me there that wasn't ever any back room dealing or documentation/e-mails that would shine negatively on Marinara and the BE BB-onlies.

Fixed

 

[SU2NASA]

I think the only point of the suit is that the BE will not want it to go to court and have everything come out. Nobody can convince me there that wasn't ever any back room dealing or documentation/e-mails that would shine negatively on Marinara and the BE.

After UConn's suit against the ACC, documents of the minutes of the meeting of the conference presidents and ADs after the raid came out.

I'm sure there's plenty more that will show how incompetent Marinatto has been.

 

[BlazeOrange]

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.

When the news first broke, TGD said that SU and Pitt acted separately in their dealings with the ACC. Did one announce they were leaving before the other? Even if it was later the same day? If so, school #2 can make the same case as WVU.

There could also be an angle with the failure to get TCU. I doubt that they were a specific target when the 27-month deal was made, but there could be some sort of language about expansion tied to that - which today's invites might satisfy.

 

[orange79]

When the news first broke, TGD said that SU and Pitt acted separately in their dealings with the ACC. Did one announce they were leaving before the other? Even if it was later the same day? If so, school #2 can make the same case as WVU.

There could also be an angle with the failure to get TCU. I doubt that they were a specific target when the 27-month deal was made, but there could be some sort of language about expansion tied to that - which today's invites might satisfy.

I think when Swofford announced it, he said Pitt first. There we go.

 

[BlazeOrange]

I think when Swofford announced it, he said Pitt first. There we go.

sounds good, but which one did Marinatto find out about first the following weekend?

 

[Cusefan95]

I think the only point of the suit is that the BE will not want it to go to court and have everything come out. Nobody can convince me there that wasn't ever any back room dealing or documentation/e-mails that would shine negatively on Marinara and the BE.

I don't really get the press conference WVU had today, though - maybe I'm reading too much into it but at some point if you rub the Big East's face in the dirt enough, eventually they have no choice but to fight back. It seems to me like WVU is tempting the Big East to go nuclear - the Big East and it's leadership may not come out looking clean, but they certainly can trash and throw plenty of mud that'll stick on WVU.

At this point anyone associated with WVU should just so a deal can be arranged behind closed doors - the "press conference of the day" approach only makes that much less likely to occur.

 

[shantydaze]

What happens if WVU just refuses to play BE Conference games and sets up a Big 12 schedule in football next year? Obviously, there will be breach of contract damages, but if WVU told the BE we will not be appearing to play at any BE venue next year and will bar access to our facilities to BE teams, wouldn't the BE had to mitigate its damages and schedule additional teams in WVU's place?

In the end, if Navy accepts an invitation and can be plugged into WVU's place in the schedule, ESPN does not reduce the amount of payment for broadcasting the games, what actual damages would the BE suffer?