Big East Possible Agreement With WVU

[macphisto]

If the Big XII puts WVU on the schedule for next year then I file suit against them pretty quickly as well. Doing so opens them up to litigation for sticking their foot in where they should not.

They do it at their peril. If WVU does not join due to injunction then the Big XII may end up seeing their TV deals voided due to breach. That may lead to the league completely falling apart, with Oklahoma, Texas, etc deciding to move the the PAC-12 to get out from under the mess.

[BDYZR]

TIC TIC TIC - Monday morning and still no leaks about the negotiations between the BE and WV. I find it odd but maybe they are close but no one is talking - (find that hard to believe). I do know if I was a WV fan I sure would be a little less sure about going to the Big 12 in 12. Been a couple of days since JVWVU has posted. I will be the first to give him props if he is right but from my seat it isn't looking good right now.

They're just trying to be hopeful.

As I've said before, I fully expect WVU to be on the Big East schedule when it is released. There is no dollar figure out there that the league would take to have them leave now. They're too valuable to the league in 2012.

There is always a dollar figure that someone will accept.

If you were Genshaft and Woolard would you vote to let WVU leave if it meant $100 mil in extra money for USF Athletics? Of course you would. That money would more than make up for the damages that WVU will incur. WVU is going to leave regardless so there is a finite end to the damages. It isn't as if we are talking about WVU staying for another 30 years.

The question is how much WVU is willing to pay and how much the Big East will accept. I'm quite sure the number will need to be higher than the Texas A&M and Missouri number to get out of the Big 12. I think the driver for the Big East is whether the number covers a potential TV revenue decrease in 2012, and enough money to fill schedules somehow in 2012.

The payout would be substantially higher than WVU was "willing" to pay if I were the commish.

[dabull80]

21 minutes ago - by Patrick Southern - Big 12 commish: WVU on football schedule

Big 12 interim commissioner Chuck Neinas told WVillustrated.com the Mountaineers will appear on the league’s football schedule, to be released by Feb. 1. WVU has planned to join the Big 12 on July 1, but is involved in lawsuits in both West Virginia and Rhode Island courts as the Big East hopes to block the move.

http://www.cbssports.com/collegebasketball/rapid-reports/post/17047654

Again I was told negotiations are done, therefore no new rumors, what I heard is what I heard (until pen hits paper nothing more is being said really alot by either side, making sense nothing is being said) and if you listen/watch Neinas you would believe something is close, also that Big 12 may vote to help fund leave.

Hoppy Kercheval @HoppyKercheval

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Still mulling Chuck Neinas interview. He says Big 12 could help WVU pay damages if there is a settlement with BE.

http://wvmetronews.c...y&storyid=50591

Also heard (RUMORS) that Big 12 may go to 12 but Louisville is not really being looked at as 11 now as they were. I would assume 1 is BYU depending if they change their stance on money over their television deal. I also think they may have been some don't touch any more big east teams and we will let you have WVU (conspiracy).

I still think once we leave Boise St. will be in BE in 2012.

Now off to see Mitt - while I am still in Florida.

Not trying to knock you JVWVU but when I say leaks I mean more like ESPN,CBS or even that wonder blogg that McMurphy works at. I am just not seeing anything and with one day left I really am having doubts that WV is going anywhere. Like I said before if I am the BE comish I am singing the praises of WV and how they are by far the most important team in the BE and damages go way beyond replacing games and the exit fees. Your sources may be right but if I had to bet right now I would go with WV staying in the BE at least thru 12 and maybe even longer.

Ya know folks here don't like Mr Potatoe Head(as lots call him) and think he has done a bad job but I gotta tell old Chuck isn't looking real strong right now. Maybe that is why he is only the "interim" commish for the Big 12.

[Bull Martin]

Not trying to knock you JVWVU but when I say leaks I mean more like ESPN,CBS or even that wonder blogg that McMurphy works at. I am just not seeing anything and with one day left I really am having doubts that WV is going anywhere. Like I said before if I am the BE comish I am singing the praises of WV and how they are by far the most important team in the BE and damages go way beyond replacing games and the exit fees. Your sources may be right but if I had to bet right now I would go with WV staying in the BE at least thru 12 and maybe even longer.

Ya know folks here don't like Mr Potatoe Head(as lots call him) and think he has done a bad job but I gotta tell old Chuck isn't looking real strong right now. Maybe that is why he is only the "interim" commish for the Big 12.

I've become partial to Meatball Marinara.

[SoFlaEer]

The payout would be substantially higher than WVU was "willing" to pay if I were the commish.

in this situation, it would just then go to court, at which point legal fees soar into the millions and any settlement when finally reached will most likely ne the BE much less than it could have gotten by settlling (after legal fees are paid). When the 5 BE schools sued the ACC in 2003, the combined legal fees were close to $5 million, and that was for a case that never even made it close to being heard in court - it was settled through negotiation.

the commissioner cant just pull a number out of the air and say this is the amount. it has to be able to be documented in some way that this is tha actual amount of damages, provable in court. a certain amount of reasonableness and common sense has to be used.

[SoFlaEer]

If the Big XII puts WVU on the schedule for next year then I file suit against them pretty quickly as well. Doing so opens them up to litigation for sticking their foot in where they should not. They do it at their peril. If WVU does not join due to injunction then the Big XII may end up seeing their TV deals voided due to breach. That may lead to the league completely falling apart, with Oklahoma, Texas, etc deciding to move the the PAC-12 to get out from under the mess.

thats just not how contract law works. the BE would not have a legitimate claim agains the BXII, only WVU. Let's say you hire a contractor to paint your house. He doesnt show up when scheduled, and is painting someone else house that same week. You have no claim against the other homeowner who hired the contractor, only agains the comntractor himself.

[macphisto]

If the Big XII puts WVU on the schedule for next year then I file suit against them pretty quickly as well. Doing so opens them up to litigation for sticking their foot in where they should not. They do it at their peril. If WVU does not join due to injunction then the Big XII may end up seeing their TV deals voided due to breach. That may lead to the league completely falling apart, with Oklahoma, Texas, etc deciding to move the the PAC-12 to get out from under the mess.

thats just not how contract law works. the BE would not have a legitimate claim agains the BXII, only WVU. Let's say you hire a contractor to paint your house. He doesnt show up when scheduled, and is painting someone else house that same week. You have no claim against the other homeowner who hired the contractor, only agains the comntractor himself.

That's an invalid example since the other homeowner is not a commercial entity. That contract between the homeowner and the contractor is substantially different and generally there is some flex. If the house gets painted at some point then damages would be very limited if they existed at all.

Neinas has been very careful to put everything on WVU, but a schedule without them free and clear creates problems. And them KNOWINGLY accepting a school tied into another contract also exposes them to liability. It's one thing if an entity like WVU is hiding its obligations, but the Big XII is aware of the obligation and facilitating a breach of contract opens the door to liability for them.

I'm not a lawyer, but I've dealt with situations akin to this in business with non-compete clauses. If you hire a worker and he has hidden his non-compete clause with a former employer then it is all on him. If you knowingly hire him with the non-compete clause then you are on the hook unless he signs an agreement that puts everything on him, opening him up to even more liability. WVU could have done this, but it would open them up to the possibility of over $100M in damages if they are found to have breached their contract.

The most dangerous bit for the Big XII is dealing with their TV contract. By releasing a schedule with a team on it that they know may not be able to play for them next year, they open the door to breaching their TV deal. If the Big East is granted an injunction against WVU before July 1 to prevent a move then the Big XII can be hit for putting out a bad schedule to try to salvage their top end payout.

But if the Big XII knowingly admits someone that is not free and clear then they have liability. Why do you think the SEC was looking for legal waivers with Texas A&M? They didn't need to with Mizzou because precent was set with A&M, but prior to that they were concerned about not just A&M getting sued.

That's where letting WVU just settle makes no sense. This is a precedent setting case. If a court rules that the 27 month rule is binding then it sets a strong precedent, even if WVU does leave early but is forced to pay extensive damages. A court will ultimately rule on the culpability of the Big XII as well if they admit them. By refusing to settle, the BE can have precedent set in conference realignment that will affect all the conferences.

[dabull80]

If the Big XII puts WVU on the schedule for next year then I file suit against them pretty quickly as well. Doing so opens them up to litigation for sticking their foot in where they should not. They do it at their peril. If WVU does not join due to injunction then the Big XII may end up seeing their TV deals voided due to breach. That may lead to the league completely falling apart, with Oklahoma, Texas, etc deciding to move the the PAC-12 to get out from under the mess.

thats just not how contract law works. the BE would not have a legitimate claim agains the BXII, only WVU. Let's say you hire a contractor to paint your house. He doesnt show up when scheduled, and is painting someone else house that same week. You have no claim against the other homeowner who hired the contractor, only agains the comntractor himself.

Oh sure lets start again You base things on the past and during my time with attorneys(more then I like to remember) they are always coming up with new things. I mean would you have ever thought that that if you spilled hot coffee in your lap it would be worth over a 100k to ya ? (see McDonalds) I don't see any way that the BE could go after the Big 12 in this situation BUT creative attornys can do many interesting things. Ask all the Bond holders and stock holders at GM about contract law.

[jasonb56]

Neinas is being replaced shortly... multiple reports that a search committee is gathering to look for a new B12 leader... wonder if schools are unhappy with the way he has handled this situation...

[dabull80]

If the Big XII puts WVU on the schedule for next year then I file suit against them pretty quickly as well. Doing so opens them up to litigation for sticking their foot in where they should not. They do it at their peril. If WVU does not join due to injunction then the Big XII may end up seeing their TV deals voided due to breach. That may lead to the league completely falling apart, with Oklahoma, Texas, etc deciding to move the the PAC-12 to get out from under the mess.

thats just not how contract law works. the BE would not have a legitimate claim agains the BXII, only WVU. Let's say you hire a contractor to paint your house. He doesnt show up when scheduled, and is painting someone else house that same week. You have no claim against the other homeowner who hired the contractor, only agains the comntractor himself.

That's an invalid example since the other homeowner is not a commercial entity. That contract between the homeowner and the contractor is substantially different and generally there is some flex. If the house gets painted at some point then damages would be very limited if they existed at all.

Neinas has been very careful to put everything on WVU, but a schedule without them free and clear creates problems. And them KNOWINGLY accepting a school tied into another contract also exposes them to liability. It's one thing if an entity like WVU is hiding its obligations, but the Big XII is aware of the obligation and facilitating a breach of contract opens the door to liability for them.

I'm not a lawyer, but I've dealt with situations akin to this in business with non-compete clauses. If you hire a worker and he has hidden his non-compete clause with a former employer then it is all on him. If you knowingly hire him with the non-compete clause then you are on the hook unless he signs an agreement that puts everything on him, opening him up to even more liability. WVU could have done this, but it would open them up to the possibility of over $100M in damages if they are found to have breached their contract.

The most dangerous bit for the Big XII is dealing with their TV contract. By releasing a schedule with a team on it that they know may not be able to play for them next year, they open the door to breaching their TV deal. If the Big East is granted an injunction against WVU before July 1 to prevent a move then the Big XII can be hit for putting out a bad schedule to try to salvage their top end payout.

But if the Big XII knowingly admits someone that is not free and clear then they have liability. Why do you think the SEC was looking for legal waivers with Texas A&M? They didn't need to with Mizzou because precent was set with A&M, but prior to that they were concerned about not just A&M getting sued.

That's where letting WVU just settle makes no sense. This is a precedent setting case. If a court rules that the 27 month rule is binding then it sets a strong precedent, even if WVU does leave early but is forced to pay extensive damages. A court will ultimately rule on the culpability of the Big XII as well if they admit them. By refusing to settle, the BE can have precedent set in conference realignment that will affect all the conferences.

You are right - this could be a precedent setting case.