West Virginia files law suit against big east

[rayzofheat]

Good for WVU. The Big East is a sinking ship and there is no shame in taking care of your own @ss when it is on the line. There is no doubt the Big East has been led by inept people that allowed the conference to completely fall apart without any response. There is no way you can hate on WVU for getting out when they had the opportunity, all you can do is be jealous and Judy and Doug didn't do the same for us.

[Who'sYourData?]

I'm not a lawyer. But I see some problems with this lawsuit. On the one hand, they are complaining that the Big East did not strengthen the conference. On the other they state that it was the fiduciary responsibility of the conference and the commissioner to maintain eight football and eight basketball schools and the BIg East failed to do this. If that is the case, WVU should not have voted in favor of adding TCU, because that created an imbalance between football and non-football schools.

Their actions are therefore in conflict with the direction they say the conference should have maintained.

Then WVU is saying the 27 month waiver period is an unfair constraint on trade. Yet they agreed and voted for this same constraint.

Basically, as I read this the only thing they have is that TCU was allowed to leave with less than 27 months notice. That may or may not be a valid point based on the contract with TCU. TCU was clearly not yet a member, they are currently a member of another contract. TCU only had an agreement to join.

If this is the best WVU can come up with, then I don't think they have much of a chance of winning this case. If they do win this case, then all exit penalties and withdrawal time frames would have to be null and void.

I think this is close to being a frivolous lawsuit, in my decidedly unprofessional opinion..

[slick1ru2]

I hope the Big East wins big, WVU gets a $50 million plus judgement against them. And they can kiss any future conference championships goodbye, they don't have the recruiting to go against the top teams in that conference.

[Joe]

I'm not a lawyer. But I see some problems with this lawsuit. On the one hand, they are complaining that the Big East did not strengthen the conference. On the other they state that it was the fiduciary responsibility of the conference and the commissioner to maintain eight football and eight basketball schools and the BIg East failed to do this. If that is the case, WVU should not have voted in favor of adding TCU, because that created an imbalance between football and non-football schools.

Their actions are therefore in conflict with the direction they say the conference should have maintained.

Then WVU is saying the 27 month waiver period is an unfair constraint on trade. Yet they agreed and voted for this same constraint.

Basically, as I read this the only thing they have is that TCU was allowed to leave with less than 27 months notice. That may or may not be a valid point based on the contract with TCU. TCU was clearly not yet a member, they are currently a member of another contract. TCU only had an agreement to join.

If this is the best WVU can come up with, then I don't think they have much of a chance of winning this case. If they do win this case, then all exit penalties and withdrawal time frames would have to be null and void.

I think this is close to being a frivolous lawsuit, in my decidedly unprofessional opinion..

I agree with pretty much everything you said. It's not frivolous, it's posturing. WVU has a legit argument that others got a buyout/no buyout/more money elsewhere. That being case their case sucks and I dare them to try and house it.

My guess, they get a higher buyout and move on.

[Who'sYourData?]

Here is an excellent breakdown, from ESPN of all places. The SportsBizMiss sounds like she knows her stuff. It's a great read.

http://www.espn.go.com/blog/sportsbusiness/post/_/id/51/west-virginia-lawsuit-one-worth-watching

In short, if I can:

1. WVU paid the $2.5mil because that is what the bylaws state and they also state a 27 month waiting period for withdrawal. WVU filing says that because Big East accepted the $2.5mil, they shouldn't be held to the 27 month waiting period. ESPN Miss states that the fact that WVU gave the $2.5 mil actually validates that they were in agreement with the exit fee stipulations.

2. The Big East broke their fiduciary responsbility because

a. They did not keep eight football schools

b. They are potentially longer a BCS conference

Epic fail. The Big East is holding Pitt and 'Cuse to the 27 month waiting period, therefore keeping at least 8 football schools. The BCS has confirmed with the Big East that the Big East will continue to be an AQ conference at least through 2013 under any circumstances. In other words, Big East has held up their end of the bargain, unless WVU leaves early in which case they would be the ones violating their responsibility to uphold the contract.

3. TCU was let out early.

The Big East entrance agreement with TCU stated that TCU would not be held to the 27 month agreement until the start of the 2012 athletic year. (I might add that WVU presumably voted in favor of this agreement)

Finally, it appears that the former WVU president was instrumental in crafting the bylaws in relation to the exit fee and waiting period.

The only shot they have is a friendly judge, or the "restraint on trade" gobblygook, which seems rather difficult to swallow since they signed the agreement they are now contesting.

It's early, but score one for Marianetto.

[Who'sYourData?]

Here's another good, but quick article.

http://blogs.courier-journal.com/ericcrawford/2011/11/01/why-the-wvu-big-east-lawsuit-is-a-mistake/

[BullDoug]

In five yrs WV will rue the day they left the BE. Recruiting will fall off in both BB and FB. The BCS bowls and NCAA appearances will become a distant memory bc OU OSU and TX will be going to the BCS bowls and their BB RPI will be in the dumper and the B12 will only get 5-6 teams into the Dance. I say make WV and the B12 pay every BE team $2-$4MM per yr early exit besides the std exit fee and let the 'Neers bolt. At least let all three of the defectors be gone by 2013 with the extra buyout.

[jvwvu]

In five yrs WV will rue the day they left the BE. Recruiting will fall off in both BB and FB. The BCS bowls and NCAA appearances will become a distant memory bc OU OSU and TX will be going to the BCS bowls and their BB RPI will be in the dumper and the B12 will only get 5-6 teams into the Dance. I say make WV and the B12 pay every BE team $2-$4MM per yr early exit besides the std exit fee and let the 'Neers bolt. At least let all three of the defectors be gone by 2013 with the extra buyout.

Football-

Our recruiting has always sucked, we dont have instate kids, we have always been able to get 2-3 stars from Florida and will continue to with scheduling a home/home with a Florida team every year. Next 2 years its FSU.

Adding 2 trips to Tx and 1 to Oklahoma a year (assuming Big 12 stays at 10 ) will help us get 3 star recruits in this rea and some 4s.

Do I expect to win Big 12 title every year in Big12 like Big East, hell no. But you tell me we go 9-3 every year with a run at Big 12 (MNC) every 4-5, sign me up.

We dont have a Pro team in this state, Steelers are closest and a 90 minute drive north. I hate all that is Pitts including Steelers that is why I follow the Bucs. Because of this with a Big 12 schedule WVU would be a nut house due to Big Time College football here.

Now this stance changes if Big 12 goes to 12 and say adds UL and UC. Then WVU would be in the north with UL, UC, Iowa St, Kansas St., and Kansas. The winner has to go to a Big 12 game against Big 12 south. I would except us to be in that game and only having to beat 1 Big 12 south team to get to BCS. In that regards it helps us, but I dont like this setup.

Basketball-

Huggins was in Big 12 and before that at Cincy. Our recruiting wont drop off but may change some we get 3s and some4s, we lucked into Ebanks,, I would except to still see NY recruits but more national recruiting also. We are already doing this.

Also one thing is with Huggs he understands the RPI and will set up a schedule to make sure it will remain in top 20.

We would play 18 in conference games a year with Big 12 at 10. Add Cincy yearly (with Huggs), add at least one possibly 2 games with Pitt, and possibly UL or Uconn this works out well for us.

Right now BE is left with Uconn, UL, (both trying to get out) UC, Nova, GT - That is a good basketball league but you take one or 2 of those teams out and Big East Basketball is blah.

ACC is clearly the best conference now, Big 12 has the chance to build on its run with adding us, in the last few years with Kst, Texas building up again, Baylor - Big 12 will only get 5-6 in the conference, true but thats what they get now we knew this.

We will still have Big Monday its just at 9.

http://espn.go.com/blog/collegebasketballnation/post/_/id/37875/3-point-shot-what-it-means-for-pitt-cuse

$- I still assume we pay around the $20 million mark to get out, now we pay this directly to Big East Conference. They then decide what to do with it, and I will tell you, USF wont see any of it. Also note only the Football schools have a buyout and time period status. So when ND bolts if they get the option they are gone.

I agree the remaining existing football teams should get the money divided up with the notice that they must stay 27 months prior to submitting notice to leave if they choose so. Therefore USF would get $4 mill.

The bad thing for the conference would to let this go to WV courts were we could walk free, and would like Cuse and Pitt do the same.

[Who'sYourData?]

$- I still assume we pay around the $20 million mark to get out, now we pay this directly to Big East Conference. They then decide what to do with it, and I will tell you, USF wont see any of it.

Any particular reason you say this? Talk about random speculation. Please clarify your reasoning.

I agree the remaining existing football teams should get the money divided up with the notice that they must stay 27 months prior to submitting notice to leave if they choose so. Therefore USF would get $4 mill.

Are you saying that WVU shouldn't have to stay 27 months, but the others should? Really?

The bad thing for the conference would to let this go to WV courts were we could walk free, and would like Cuse and Pitt do the same.

The bad thing for the conference would be to let WV walk free. This lawsuit looks about 98% against WVU. You do realize that in order for WVU to prevail, there must be no evidence that WV talked to any other conference prior to Pitt and 'Cuse announcing they were leaving. I'd say the likelihood that WVU had no conversations are about zero and less than zero.

This lawsuit is about discovery. WV is praying that the Big East has secrets that they don't want to get out, and that those secrets are bigger than the secrets WV is hiding. From what I can tell, WV has the bigger secrets. The BE isn't smart enough or conniving enough to have a lot of big secrets.

[SANJAY]

Notice WHO the story doesn't mention as "engaging in discussions" with other conferences.

"Upon information and belief" is a very general term.

This doesn't mean USF hasn't been talking to anyone at all.

"information and belief" is legal for "we heard that this happened but may not have specific facts yet for it". Meaning its intended to be vague and broad. Which means that there was no rumor or innuendo that WVU could take and spin as USF trying to get out.