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Replies: 26
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Hall of Famer [22356]
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ACC defense in a nutshell.
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Dec 22, 2023, 4:41 PM
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You signed the agreement in 2013. You signed the extension in 2016. You thought it was a great idea when you signed it. You made your bed, now sleep in it. Sit down and shut up.
Quite frankly, that is a pretty strong argument. The burden of proof has to be on FSU. They have to prove to a court that either they signed it under duress or they were lied to about the ramifications of not signing the contract, so that the contract is invalid.
ACC is basically saying FSU is suffering buyer's remorse 8 years after the fact.
My guess is there will be a negotiated settlement allowing FSU to leave. My hope is it will happen in time for 2024 to be the last year FSU plays football in the ACC.
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Orange Blooded [3074]
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Re: ACC defense in a nutshell.
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Dec 22, 2023, 4:45 PM
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You may be right about a settlement, but wouldn't that open the floodgates for everyone else to leave? Seems this is a hill the ACC may be willing to die on.
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All-In [27344]
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Re: ACC defense in a nutshell.
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Dec 22, 2023, 4:49 PM
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I believe you are correct. This is the hill the ACC will die on...it may take 2-4 years of litigation but I believe both sides are fully committed
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All-TigerNet [13530]
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Re: ACC defense in a nutshell.
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Dec 22, 2023, 6:22 PM
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This is definitely a problem with which ESPN will have some say.
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Commissioner [909]
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Re: ACC defense in a nutshell.
Dec 22, 2023, 5:43 PM
[ in reply to Re: ACC defense in a nutshell. ] |
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I think only ones to go might be FS, Clemson and Miami. If FS and CU go then Canes might stay thinking they might dominate conference with us 2.
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All-In [40100]
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Yeah those dang contracts.***
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Dec 22, 2023, 4:48 PM
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All-In [25712]
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Re: ACC defense in a nutshell.
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Dec 22, 2023, 4:48 PM
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Thar may hold water except the fact remains that the ACC has not exercised its fiduciary duties as mandated by law. You cannot sign a contract that is the worst in the nation for P5 schools and then hold the schools hostage for your incompetence and punish them if they want to get fair value for their brand.
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CU Guru [1858]
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Re: ACC defense in a nutshell.
Dec 22, 2023, 5:04 PM
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I took a quick look at the complaint and they are requesting a lot of equitable relief. Pretty amorphous stuff. I recall FSU alleging the league was less than forthright with timely substantive info through a series of events for their BOF duty claim. Who knows? With that being said, remaining in this conference is a death sentence. We need sharks at the helm and we’ve been stuck with good ole boy morons and now Mr. Magoo.
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All-TigerNet [13530]
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Re: ACC defense in a nutshell.
Dec 22, 2023, 6:28 PM
[ in reply to Re: ACC defense in a nutshell. ] |
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That all sounds good, with the exception that it has no legal foundation whatsoever. If it was really that easy, everyone wanting out would have already taken that path.
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110%er [8001]
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Re: ACC defense in a nutshell.
Dec 22, 2023, 6:32 PM
[ in reply to Re: ACC defense in a nutshell. ] |
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Thar may hold water except the fact remains that the ACC has not exercised its fiduciary duties as mandated by law. You cannot sign a contract that is the worst in the nation for P5 schools and then hold the schools hostage for your incompetence and punish them if they want to get fair value for their brand.
In my experience with contracts, the law does not give a do-over for making an agreement which is not in your favor seven years after you signed it. Roll back tom2016, the ACC schools were happy to get the agreement in place to prevent further poaching (like Maryland). Said differently, if the bottom had fallen out of the market, FSU would still expect FSU to pay the agreed to sum per the contract. At this point, the ACC should hold FSU accountable for their previous decision. If they want out, then pay the agreed to terms. Otherwise, stop with the temper tantrums as they should be mad at themselves if anyone.
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All-TigerNet [13891]
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FSU and the other schools have zero case and there is
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Dec 22, 2023, 4:50 PM
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no incentive for the ACC to settle. If they do, then the floodgates open for other schools to leave and the conference is toast. The only option is to get a majority of the schools to dissolve the conference. Other than that, everyone is stuck. What FSU laid out today was laughable. It is totally buyers remorse and Clemson has it as well. FSU quite frankly looked whiney and like a bunch of clueless ##### that got played even though they didn’t. They and every other school knew exactly what they signed up for. The ACC has us by the balls and there is nothing short of dissolving the conference that can be done about it.
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Hall of Famer [22356]
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Depends on what discovery would uncover.
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Dec 22, 2023, 5:12 PM
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ACC may not want something discovered.
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All-TigerNet [13891]
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Settling dissolves the conference.
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Dec 22, 2023, 5:34 PM
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They can't settle so they will take their chances through discovery regardless of what is uncovered.
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All-TigerNet [13530]
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CU Guru [1559]
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Re: ACC defense in a nutshell.
Dec 22, 2023, 4:51 PM
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I feel like with other contracts something should have been in there or something could be done about the timing … what I mean is this terrible contract was signed by a DA that is no longer the acc commish , when he left there should have been a renegotiation imo
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All-TigerNet [13891]
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It doesnt work that way.***
Dec 22, 2023, 4:53 PM
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All-TigerNet [13891]
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You had your best lawyers working on this
Dec 22, 2023, 5:00 PM
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and all that they could come up was one of the weakest challenges to a contract that I’ve seen. The even got out maneuvered by the ACC filing a lawsuit yesterday. FSU’s lawsuit is a complete waste of money and time. Today was extremely disappointing for those of us wanting out of this pathetic conference.
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All-In [27190]
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Re: ACC defense in a nutshell.
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Dec 22, 2023, 5:02 PM
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I don't think the ACC will negotiate a settlement, because it opens the door to ALL members who want to leave. If they settle with one, they effectively settle with all.
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110%er [6899]
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The re-signing is pretty damning.***
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Dec 22, 2023, 5:03 PM
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All-TigerNet [11252]
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Re: The re-signing is pretty damning.***
Dec 22, 2023, 5:15 PM
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We should just commit suicide. They be sorry then!
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Commissioner [909]
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Re: The re-signing is pretty damning.***
Dec 22, 2023, 6:19 PM
[ in reply to The re-signing is pretty damning.*** ] |
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Unless it was achieved improperly or illegally or under duress or in violation of state or federal law? Paging Mr. Kardashian, paging Perry Mason!
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All-TigerNet [13530]
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Re: The re-signing is pretty damning.***
Dec 22, 2023, 6:35 PM
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That is the only potential out I see. You’d have to prove fraud or some other misdeed to invalidate the agreement.
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Rock Defender [54]
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E.g. "Merry Christmas. See you in court."
Dec 22, 2023, 5:07 PM
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Scout Team [178]
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Re: ACC defense in a nutshell.
Dec 22, 2023, 6:07 PM
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What conference is going to take Fla St of Clemson? The SEC and BIG smell blood in the water. No offer will come from either one. If they don't offer either then both will eventually die with the ACC.
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Commissioner [909]
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Re: ACC defense in a nutshell.
Dec 22, 2023, 6:14 PM
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I’m no attorney but I do watch a lot of Perry Mason, LOL.
I suspect ACC does not want to go through discovery. Something smells about the GOR revisions and the fact that they will not make an official copy of the agreement available to any signee. That sounds wrong and maybe indicative that ACC doesn’t want public to see the documents. Possibly just fir PR reasons but just doesn’t seem right. As to failure to be a fiduciary that’s not good but likely doesn’t fully relate to GOR. I suspect the signing if the GOR revisions might violate state law in Florida but not sure that’s enough to win. What happens when you sign a contract illegally? Does it affect just you or others as well? Better call Perry.
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Associate AD [833]
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Re: ACC defense in a nutshell.
Dec 22, 2023, 6:16 PM
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It’s an uphill battle. I don’t think they settle because if they do that are done. The interesting thing to me is the ESPN contract is just through 2027 but GOR is until 2036 that seems like a place where something might happen.
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Orange Blooded [4095]
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Re: ACC defense in a nutshell.
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Dec 22, 2023, 6:29 PM
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ACC has no incentive to negotiate a settlement for FSU leaving.
and if FSU gets a negotiated settlement every other school will get one as well and once Clemson and UNC leave after FSU the league is done.
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