Clemson joins FSU on GOR’s lawsuit vs the ACC

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tpstulane
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https://theathletic.com/5353884/2024/03 ... ed_article
Clemson on Tuesday became the second ACC member to take legal action against the conference in hopes of potentially getting out of the league. The university filed a lawsuit in Pickens County, S.C., arguing that the ACC’s grant of rights agreement should only apply to members while they’re in the conference and that the league’s withdrawal fee should not be enforceable.

“Each of these erroneous assertions separately hinders Clemson’s ability to meaningfully explore its options regarding conference membership, to negotiate alternative revenue-sharing proposals among ACC members, and to obtain full value for its future media rights,” the lawsuit reads.

Clemson’s case is similar to Florida State’s filing against the ACC in December, when the FSU Board of Trustees sought court guidance to determine whether the ACC’s exit fee and/or grant of rights are legally enforceable against Florida State.


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tpstulane
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Be proactive, being reactive is for losers..
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looks like all lawsuits of members vs the ACC will be tried in NC

CHARLOTTE, N.C. -- A Mecklenburg County judge on Thursday denied two motions by Florida State to dismiss or stay a lawsuit filed by the ACC that the league hopes will force the school to honor its grant of rights agreement and pay the conference more than $500 million if it hopes to exit for another conference before 2036.

The ruling by Judge Louis A. Bledsoe III is seen as a significant win for the ACC, as it would likely mean the battle between the league and Florida State would proceed in North Carolina rather than Florida, where FSU filed its own lawsuit against the conference.

The ACC filed its lawsuit in Charlotte on Dec. 21 in anticipation of a lawsuit by FSU in Florida, which came after approval by the school's board of trustees the following day. FSU's lawsuit seeks to extricate the university from the ACC's grant of rights, a contract that gives the conference ownership of Florida State's television media rights through June 2036. The ACC's suit seeks to uphold the grant of rights.

EDITOR'S PICKS

Florida State vs. ACC grant of rights lawsuit: What you need to know
104dAndrea Adelson and David Hale
Florida law typically offers preference to the entity that files the first lawsuit, which in this case is the ACC.

"We are pleased with today's decision, which confirms North Carolina courts are the proper place to enforce the ACC's agreements and bylaws," the ACC said in a statement. "We remain committed to acting in the best interests of the league's members and will see this process through to protect and advance the ACC."

Florida State had argued for dismissal or a stay of the ACC's lawsuit based, in part, on a claim of sovereign immunity, which prevents states from being sued in another state. FSU, as a state institution, claimed to be covered. During hearings on FSU's motion to dismiss, the ACC's attorney suggested the school's legal team was playing "a game of whack-a-mole" in trying numerous unsubstantiated tactics in an effort to get the ACC's suit thrown out.

Florida State could still appeal the ruling, potentially setting up arguments before the North Carolina Supreme Court.

On March 19, Clemson joined Florida State, filing its own suit in Pickens County, South Carolina, arguing that the grant of rights should not apply should the school choose to leave the ACC and that the league's requirement that any departing teams also pay an exit fee of three times annual revenue was excessive. The ACC filed its own countersuit against Clemson, also in Charlotte, a day later.
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tpstulane
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Looks like the ACC could be the next Pac-12 when FSU and Clemson leave.

https://theathletic.com/5469635/2024/05 ... ed_article
the official date for Clemson and FSU to inform the ACC of their intended departures for the 2025 season would be this Aug. 15. So, that would mean we’d either have some form of resolution in court regarding the grant of rights by then (not likely considering it potentially affects conferences across college football and not just the ACC) or the schools and league settle out of court on exit fees (more likely). If it’s the latter, and FSU and Clemson part ways, ESPN will smartly decide in February not to pick up its ACC TV package through 2036. That would send the ACC into Pac-12 territory, forcing it to sign a cheaper TV deal beyond 2027 (without its two megastars) or a straight-up league breakup in which some could end up fleeing to the Big 12 or forming a new league.
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Are we in position?
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