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WVU Case


jvwvu

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If anyone is interested - lastest developments.

The Big East motion to dismiss #WVU lawsuit in West Virginia court has been denied.

Big East has filed for an injunction to force #WVU to play in the league pending resolution of lawsuits. https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=1bEn--8QoqIpKxkFYZZkGDaTEGRWmll-Fgwq1ttHujYbQA17eFy50saiN88gh&hl=en_US

A ruling from RI court is expected this week if RI has any governance over WVU as an arm of the state of WV.

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Motions to dismiss are almost always denied

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WVU said they sent the Big East half the $5 million as down payment and since they accepted it, they agree to an early withdrawal. ROFLOL. What kind of school yard ploy is that?

http://www.washingtonpost.com/national/judge-denies-motion-to-dismiss-wvu-lawsuit-against-big-east-considers-putting-case-on-hold/2011/12/19/gIQA8FI14O_story.html

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It doesn't sound like things are proceeding well for WVU in West Virginia.

Clawges said that at this point in the process, he has no choice but to “construe the facts in the light most favorable†to WVU.

Although he said he “might be inclined to agree with the defendants’ arguments on whether there’s merit to these allegations,†it would be presumptuous to dismiss without letting WVU fully develop its case.

If the university doesn’t present sufficient evidence, the Big East can renew its motion.

The judge appears to be saying to WVU "Is that all ya got?"

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Rhode Island judge refused to dismiss. It also seems like he believes the case should not be heard in West Virginia.

http://www.dailymail.com/Sports/WVUSports/201112270158

"The Big East may be precluded from some remedies in West Virginia and perhaps could not 'litigate equally well' in that state," he said.

"In this Court's judicial discretion, it believes retaining the matter is not significantly inconvenient, and rather, would better serve the interests of justice."

Also interesting is that apparently the Big East bylaws actually state that the Big East can ask a judge for an injunction to prevent a school from leaving early. First I heard that was in the bylaws, and it seems to strengthen the idea that West Virginia could be forced into playing 2012 with the Big East.

"In the event that a member school does not comply with the requirements for withdrawal," Silverstein said, "the Bylaws state that non-compliance would cause irreparable harm to the conference, and the Big East is entitled to seek and obtain injunctive relief as well as attorneys' fees and costs."

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Here's another take, and it looks like the BE isn't keen on letting anyone go for 2012.

1. I don’t want to get on a soapbox but …

At some point on the night of January 9 they’ll all be in the same posh suite at the Superdome — VIP guests of the very series they’ve created — eventually addressing the reality of what they’ve done to college football.

The six BCS conference commissioners and the tangled, twisted—and yes, torturous— conference realignment mess they’ve created. And here’s the best part: The Big East, the little conference that could, holds the fate of the Big 12 and the ACC – and isn’t letting go.

A high-placed Big East source told Sporting News that not only will the Big East not back off its 27-month notice of withdrawal for West Virginia, Pitt and Syracuse, but there’s “no chance†the three wayward universities can buy their way out of the contract – for any amount of money – and leave in time for the 2012 season.

“It’s not about money,†the Big East source said. “It never has been.â€

It’s commonly believed among most BCS administrators that the Big East and West Virginia will settle on a lawsuit that would allow both parties to save face for 2012 season, give the Big 12 its tenth team and give the Big East a sizeable buyout from West Virginia.

That scenario, of course, would allow Pitt and Syracuse – who have declined legal action – to use the WVU settlement as a barometer and leave early for the ACC with a similar buyout.

But forget about settlements and cash buyouts. West Virginia is bound by a legal contract it signed with the Big East — and the Big East isn’t letting go.

What WVU is asking our legal system to do is ignore terms of a contract. That’s not going to happen unless the Big East has violated terms of the deal, which it hasn’t.

This lawsuit, more than anything, is a tactical (see: litigious) way for West Virginia to get the Big East to accept a monetary buyout. And now, it appears, that’s not g

going to happen, either.

The reality is, West Virginia can simply leave and play in the Big 12 next season, but monetary legal damages of breaking that contract could make Texas A&M’s buyout from the Big 12 (estimated at $13-15 million) look like chump change – especially if Pitt and Syracuse are willing to wait to leave WVU alone in its contract defiance.

And you people thought the Big East would just go quietly.

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The judge in Rhode Island pretty well trashed the notion that WVU is an extension of WV.

Where is our WVU friend with his take?

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West Virginia is going nowhere unless they do want to pay massive damages. And if they bylaws state that they can get a court injunction to make them stay then so be it. There will be an injunction forcing them to stay. That could lead to the Big XII and ACC rescinding their invitations and returning the application fees. And it may also result in the Big XII suing West Virginia is they promised they could get out.

If you've got strong language holding members to a 27 month exit then you need to enforce it. The Big East standing up and actually holding schools to their contract will help prevent other jostling and will make others think twice about trying to raid the conference again.

I think WVU will have an injunction issued against them in RI most likely that forces them to stay. If they try to leave then they will sue and may be able to be awarded up to $100 million or more in punitive damages for breach of contract. I've said for a while that there's a reason why Pitt and Syracuse didn't file suit to leave quickly. They probably were hoping to negotiate a buyout to leave after next season when new teams come in. I think WVU has screwed them out of that and that means the remaining BE teams will hold their ground and force teams to stay for the 27 months.

I still do believe there's a chance Pitt and Cuse stay if the TV contract offer comes back as more than the ACC's - and I do think it will be around $5M or so a year. The ACC sold all their rights to ESPN instead of splitting them up. ESPN wanted the BE to do the same, but you know the first offer is always a lowball. The Big East wants to be a free agent and bid itself out to try to drive up the price. If that happens with new teams on board then Pitt and Cuse's complaints about lack of expansion are voided and they may forfeit their application fee to the ACC and stay in the BE.

WVU, I think, may not be so lucky. If the Big XII decides to look elsewhere for next year (as things get desperate I think Nevada will look like a fit for them, as they are moving to the MWC and leaving the WAC, so it should be just a matter of forfeiting the application fee before they officially join in the summer) then WVU will no longer have a place to go and may either have to come crawling back to the BE and make nice (not sure the conference would like them to stay after they filed suit) or end up without a conference at the end of the 27 months.

In short, I'm not sure if Pitt, Syracuse, or WVU will even end up leaving. A bigger TV contract and a larger, more stable football side of things may encourage them to drop their petitions to leave. WVU will leave as long as the Big XII wants them, but if the invite is rescinded and the application fee returned then they won't have a lot of options. I doubt any conference will want to wait out the 27 month exit period when the Big East has shown they WILL enforce it. If the courts show they CAN enforce it then I doubt other conferences will come looking for teams here. They'll probably try to raid the ACC first.

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I do think there might be some trouble with the B12 and WVU if WVU doesn't get out early. As for Pitt and Syracuse, the ACC doesn't have any reason to be urgent about adding those two. If they come free early, great, but no need to rush. The Big 12 is in danger of re-opening their TV contract if they don't get WVU in for next year. That gives them a sense of urgency. I also get the impression that WVU promised the B12 more than it can deliver. I really thought we'd be seeing moves to settle this suit by now. Instead, it looks like the Big East is taking this to the wall.

And people have been saying that Marinatto has no guts.

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So what does this mean? If WVU was held by injunction to play in the Big East until 2012, wouldn't the offer from the B12 (contingent on WVU joining for the 2012 season) be voided? If that was the case, would WVU just remain in the Big East? Would the B12 still want them if it wasn't until 2014?

Or will the other conferences (and ESPN) stop with the conventional attacks on the Big East and start shooting real nukes at us?

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