Tiger Board Logo

Donor's Den General Leaderboards TNET coins™ POTD Hall of Fame Map FAQ
GIVE AN AWARD
Use your TNET coins™ to grant this post a special award!

W
50
Big Brain
90
Love it!
100
Cheers
100
Helpful
100
Made Me Smile
100
Great Idea!
150
Mind Blown
150
Caring
200
Flammable
200
Hear ye, hear ye
200
Bravo
250
Nom Nom Nom
250
Take My Coins
500
Ooo, Shiny!
700
Treasured Post!
1000

YOUR BALANCE
Best post I have seen in a long time regarding ACC vs. UMD
storage This topic has been archived - replies are not allowed.
Archives - Tiger Boards Archive
add New Topic
Replies: 15
| visibility 2,638

Best post I have seen in a long time regarding ACC vs. UMD


Jan 31, 2013, 2:01 PM

Maryland will not win any case in NC guaranteed. Get over it WVU the ACC is not imploding.

Good post by Abe Lincoln on the GT board.

"The lawsuit by the ACC against Maryland was well thought out.

The ACC is chartered under the laws of the State of North Carolina (that was surprising to me, I thought it would have been Delaware). The laws of the State of North Carolina govern the management of the conference. The exit fee is a corporate by-law of the conference.

The first count in the complaint filed by the ACC is a request for Declaratory Judgement on the issue of the validity and legality of the corporate by law providing for the exit fee under North Carolina law.

There is only one court in the land that has the power to determineifa corporateby law adopted by a North Carolina corporation is binding under North Carolina law. That court is the SupremeCourt ofNorth Carolina. TheU.S. Supreme Court can act to supercede the decision of the North Carolina SupremeCourt only ifitfinds theNorth Carolina statutes govening corporations and corporate by-laws violate the U.S. Constitution (in this case the Interstate Commerce Clause). Not likely to happen.

The ACC didn't sue Maryland for $50M, it sued to get a North Carolina Court to declare that the corporate by laws of the ACC relating to the exist fee were valid and binding on the members. The ACC lawyers anticipated that Maryland would argue that you have to sue the University of Maryland in Maryland, which is possibly true. Maryland would have had a lot easier time of it if they were on their home turf. So the ACC took this step. They'llhavea judgment from a North Carolina Court declaring the exit fees binding under North Carolina law, (which will be a disincentive to UVA and GT and UNC and VT and Clemson and FSU to look anywhere else even if that thought cameto them in a dream) then they'llsueMaryland in Maryland for the money, and they'll have to prove that Maryland was a member of the ACC and it joined the BIG, and under North Carlolina law (ACC will attach the certified copy of the declaratory judgment of the North Carolina Court) that behavior by a member of a North Carolina organization entitles the other shareholders of the corporation to $50M, and that they owe the conference $50M. Maryland writes a check because there's not a lot of wiggle room in that set of facts.

That's why Maryland couldn't remove the case to FederalCourt, the FederalCourt would just have to submit the declaratory judgment queston of the corporate by law to the North Carolina SupremeCourt.

So you have a North Carolina judge making a decision on whether the ACC exit fee is legal and binding under North Carolina law. I'm pretty sure I know how that's going to come out. If s/he rules in favor of North Carolina it benefits the State of North Carolina, if he rules in favor of Maryland, s/he gets to explain that ruling in the next general election and nobody who benefits from the case benefitting Maryland gets to vote in said North Carolina election. The North Carolina Court is going to say corporations are free to run their business anywaytheywant unless they're outkilling people,and maybe the standard will be its o.k. unless they're out killing people that didn't need killing.

I think Maryland had to leave the conference before the vote on the bylaw became final if it wanted to pursue this anti-trust claim. Otherwise, they were members of the ACC for 5 months while the ACC was engaged in all this illegal activity they're complaining about, so in other words, they were part of the illegalconspiracy that is the subject matter of the law suit they brought. I don't think a court is going to allow a lawsuit by the getaway driver in a bank robbery to recoverfrom his fellow bank robbers, his share of the loot. Bank robbers usually have to use guns to settle disputes.

Maryland couldn't pull out of the conference before the by-law becamea by-law becausetheycouldn'textort theBIGbribe they received to join the conference if they were a free agent, they would have to have begged the BIG to let them join and would have needed to take partial payouts for the first 5 years to join the club. But that's what happens when you hire a bunch of incompetents to run your athletic program, you get yourself in a bad situation.

This lawsuit by Maryland is a plea to the ACC to come talk to them about settling for something less than $50M. The ACC probably needs to do that because they really need Maryland out of the conference sooner rather than later, everytime Maryland's name comes up in connection with the ACC there is negative press for the conference. We need Maryland to get about its regular business of getting it's athletics teams beat by Illinois and Minnesota on a regular basis."

Dude has to be a lawyer

flag link military_tech thumb_downthumb_up


You're right that is the best post regarding ACC vs. UMD***


Jan 31, 2013, 2:08 PM



flag link military_tech thumb_downthumb_up

Re: Best post I have seen in a long time regarding ACC vs. UMD


Jan 31, 2013, 2:11 PM

Jack Webb: Just the facts, mam...

flag link military_tech thumb_downthumb_up


not so fast


Jan 31, 2013, 2:19 PM

Can a public university be considered a part of a corparate entity? This case is not as simple as some want to make it. This isn't the private sector so the same rules don't apply. Maryland will get out regardless but it will never have to pay an exit fee...IMO.

flag link military_tech thumb_downthumb_up

'Never have to pay an exit fee' - really?


Jan 31, 2013, 2:41 PM

I think the argument is whether they'll have to pay the newly raised exit fee, not any exit fee.

There is little doubt that some amount is legally binding. Whether the ACC pursues it or not may be a different discussion, but the university certainly is bound by contracts it signs.

2024 orange level memberbadge-donor-20yr.jpg flag link military_tech thumb_downthumb_up


Re: 'Never have to pay an exit fee' - really?


Jan 31, 2013, 2:45 PM

No, if a court rules that the exit fee is punitive it doesn't mean that a fee reverts to what it was before the increase to $52 million, even if Maryland had voted for the pre-existing fee.

2024 orange level memberbadge-donor-10yr.jpg flag link military_tech thumb_downthumb_up

Interesting


Jan 31, 2013, 2:47 PM

I'm not a lawyer, but that would, on its face, seem absurd to me.

But again, not a lawyer and don't know all the facts so I can't argue

2024 orange level memberbadge-donor-20yr.jpg flag link military_tech thumb_downthumb_up


Re: Interesting


Jan 31, 2013, 2:53 PM

I'm not a lawyer either, but I've read several interesting takes on this lawsuit from guys who practice contract law. If the exit fee is found to be invalid, as many predict, the ACC would in essence have no exit fee, until another could be properly adobted.

2024 orange level memberbadge-donor-10yr.jpg flag link military_tech thumb_downthumb_up

I know almost nothing about it except what I've read.


Jan 31, 2013, 2:22 PM

"I think Maryland had to leave the conference before the vote on the bylaw became final if it wanted to pursue this anti-trust claim."

The entire thing seems like just another well worded opinion to me. The quote indicates the guy is speculating.

If Maryland voted no, which I believe is true, and the ACC violated it's contractual obligation to give 15 days notice before taking the vote, which I also believe to be true from what I've read, these become factors in the courts position on whether or not Maryland was a 'partner in the crime." That kinda blows a hole in his position.

I just don't think that boat will float.

2024 orange level memberbadge-donor-10yr.jpgringofhonor-clemsontiger1988-110.jpg flag link military_tech thumb_downthumb_up

Re: I know almost nothing about it except what I've read.


Jan 31, 2013, 2:42 PM

In response to an FIO request in Florida, FSU stated that they didn't even receive notice that the issue of an exit fee would be on the agenda.

"Abe Lincoln's" analysis of the lawsuit is superficial, at best. This will be settled, because the ACC can't afford to lose the case. If the court rules that the exit fee is punitive, it would mean that the exit fee itself is invalid, and Maryland would owe nothing. Even worse, for a period of time the ACC would be without any exit fee, which would give other conferences the opportunity to raid the ACC membership.

2024 orange level memberbadge-donor-10yr.jpg flag link military_tech thumb_downthumb_up

I just hope they come after Dook.


Jan 31, 2013, 2:53 PM

This is hardball stuff if you are correct on the period without exit fees. I wonder if the previous exit feet would still be valid if the vote were considered voided?

2024 orange level memberbadge-donor-10yr.jpgringofhonor-clemsontiger1988-110.jpg flag link military_tech thumb_downthumb_up

Re: Best post I have seen in a long time regarding ACC vs. UMD


Jan 31, 2013, 2:24 PM

And that's the condensed version.

flag link military_tech thumb_downthumb_up

I hate lawyers almost as much as tarholes, most of which are


Jan 31, 2013, 2:27 PM

lawyers. I think UMD will be leaving no matter what as the end of the article or another post said. Odds are it will be a fraction of the price to move it along and keep everyone happy. With regards to a NC judge not wanting to upset NC, bear in mind that NC folk might want to leave a door open for UNC to escape to sec. I find that highly unlikely since NC schools run the ACC and would not want to be slive and esecpn's slave.

I think the ACC is in fine shape if a few schools quit laying eggs annually. The problem is fighting the sec media bias.

flag link military_tech thumb_downthumb_up

We and FSU could start by beating our instate rivals...


Jan 31, 2013, 2:55 PM

instead of begining the season in the top ten and becoming a laughing stock.

I think Clemson is doing our part but I don't think we'll get much help.

2024 orange level memberbadge-donor-10yr.jpgringofhonor-clemsontiger1988-110.jpg flag link military_tech thumb_downthumb_up

1988


Jan 31, 2013, 3:19 PM

Clemson is anything but a laughing stock. It is in a small state...one strike. It s in a weak conference for football..strike 2. The Swofford deal sealed their fate as far as TV revenue. It will still b an attractive selection if everything goes belly up.

flag link military_tech thumb_downthumb_up

Essentially the post boils down to this:


Jan 31, 2013, 5:09 PM

The ACC will probably win the case it filed in the state of NC because NC judges are elected and like every politician they only do what will get them reelected.

So the ACC wins because NC's court system is fraudulent.

flag link military_tech thumb_downthumb_up

Replies: 15
| visibility 2,638
Archives - Tiger Boards Archive
add New Topic