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The State: Can Clemson actually win its lawsuit against ACC? What legal experts
Tiger Boards - Clemson Football
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Replies: 32
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The State: Can Clemson actually win its lawsuit against ACC? What legal experts

1

Jun 13, 2024, 11:58 AM
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The State: Can Clemson actually win its lawsuit against ACC? What legal experts say

https://www.thestate.com/sports/college/acc/clemson-university/article289190049.html#storylink=cpy

https://x.com/chapelfowler/status/1801267719192351092

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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts

5

Jun 13, 2024, 1:07 PM
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A judge once told me something I will never forget:

Years ago I had greenhouses. Almost an acre under plastic. A man from the next county visited late one winter and wanted me to grow some plants for him. He offered a great price and wanted me to commit my "entire operation" to his needs. I didn't "know" this man, but knew of him as powerful and politically connected. In fact, on his visit he asked that I come out to his truck to meet someone. I did. It was the current (at that time) governor of NC! Still, I tempered my entusiansm and committed only 20% of my space. I took a check for 1/3 of the final price, along with the seeds.

In eight weeks the plants were ready. They were in trays of 128 with little room to grow, but upwards. I asked for the remainder of my money and that they come pick up the plants...per our WRITTEN agreement. The guy started hem-hawing around about the money. He wanted to pay me after they were all picked up. I said "no". Meanwhile, I found another buyer that was willing to pay me and get the plants. I notified the original buyer and gave him 5 days to get his plants or lose them. The next day I was served with legal papers forbidding me to sell the plants to someone else and an "Emergency Hearing" was scheduled for 10 days out.

For 10 days I watched the plants deteriorate. But I did my best to keep them alive even though I really needed the space for other plants. Based on the contract I thought I would go to court, get my money, and the guy would have to haul away the plants. Nope! The court awarded the plants to the plaintiff, sent a "official counter" out there to count the 2/3rds rotted seedlings, and paid me seven cents on the original dollar value as they went out the door.

Before I left the courthouse on the day of the hearing, the judge saw me in the hallway. He told me not to "take it personally" that the hearing wasn't about the law...but who had the better lawyers. In this case, I had one who was a cousin of my wife's co-worker, etc. The plaintiff had three attorneys that came from Raleigh that were associates of Terry Sanford. SENATOR Terry Sanford.

I feel like this case with the ACC will be about who has the better lawyers.

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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts


Jun 17, 2024, 2:38 PM
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Exactly why we want UNC to join in and be on our side. I mean, if they can get away with offering fake classes at a University as part of a systemic program-wide endeavor and get nary even a warning from the NCAA for this - that's who we want in our corner.

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.....the better lawyers.

1

Jun 17, 2024, 5:26 PM [ in reply to Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts ]
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I have unlimited confidence in the Clemson lawyers! I happen to know one quite well and am over confident that he would do nothing rather than throw something out there that had a minimum chance of being successful. I am confident they have a game plan that will be good for us all.

Maybe the smartest and definitely the most thorough human being I have ever met. And he loves the Tigers as you and I do. Keep smiling Tigers, we are in very capable hands.

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In other words, they dont know either.***

6

Jun 13, 2024, 1:23 PM
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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts

5

Jun 13, 2024, 6:32 PM
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McKenzie law Is a UNC GRAD, ACC homie who would say anything to disparage the case against the ACC.

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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts

1
5

Jun 14, 2024, 7:05 AM
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Stay in the junk yard...might be something tou can relate to...you don't know crap about the law!

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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts

2

Jun 14, 2024, 9:09 AM
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Hey! John Swofford is back!

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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts

5

Jun 14, 2024, 10:02 AM
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Poor John...he sure raised some sorry children...after all any organization is only as strong as the weakest links in the chain...would you enter into a long term agreement with anyone who can't stick with their promises but will gladly take and spend your money for years...there will forever be a stain on the savages in Tallahassee and sadly my TIGERS!...sure glad trusts and wills are not handled this way! It was also our money...did we fulfill our fiduciary responsibility to our competitors?

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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts

1

Jun 14, 2024, 10:22 AM
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Have you ever re-financed a house?

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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts

1

Jun 14, 2024, 12:19 PM
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And in doing so destroyed all the neighbors houses and in doing so claimed the bank had cheated you...a commercial contract does not require a lawsuit in Tallahassee...guess you attended the FSU lawschool!

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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts

2

Jun 14, 2024, 12:42 PM
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President Biden, is that you?!?!

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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts


Jun 17, 2024, 2:49 PM [ in reply to Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts ]
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MRC said:

Have you ever re-financed a house?




How is this relevant?

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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts


Jun 18, 2024, 10:57 AM
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Financing a house is a contract with a bank. Re-financing is breaking that contract for better terms and conditions offered elsewhere. Similar to leaving one conference for another for better terms.

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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts

2

Jun 14, 2024, 1:38 PM [ in reply to Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts ]
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I applaud FSU and Clemson for standing up to this conference that did little to help itself. The mediocrity of the ACC is not my cup of tea. Go Tigers!!!

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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts


Jun 17, 2024, 11:27 PM [ in reply to Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts ]
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I’m not a lawyer but I do deal with some really great corporate and contract lawyers on a weekly basis in my line of work. I’ve asked a few of them their thoughts on this subject over the past few weeks. Most of the really have no allegiance to any ACC or SEC schools. One is a highly respected corporate lawyer with Silicon Valley contract, patents, and NDA experience. He’s a Gonzaga grad. His basic assessment from what he’s read and heard in legal circles is that ESPN will probably ask the ACC to negotiate a buyout settlement between FSU and Clemson. They do not want the GOR negotiations made public. The fly in the ointment, according to him, is how the GOR was presented to the members of the league at signing. IF, and it’s a big IF, FSU and Clemson can prove that Swofford mislead (whether intentional or unintentional) the members as to the length of the GOR and it being a true ten year deal; then the ACC is in a stall tactic until they can find a viable alternative to salvage the league. There is some validity to this, as Swofford is on record applauding the long term 10 yr deal as ironclad, then recanting under questioning that it could be renegotiated at certain periods throughout the ten years.
If the ACC knows they are in the right they will hold on until FSU and Clemson fold or they reach some type of arbitrary settlement.
He stated that it all comes down to how the GOT was presented to the members. He did state that it was highly unusual that no member was actually allowed to read the GOR before signing the agreement. He also said that there could be a lot of legal jargon in the bylaws of the ACC membership that could be interpreted 5 different ways by 5 different judges or juries.
One thing he did say for certain was that a lot of lawyers are about to get very rich and if both sides decide to fight it will ultimately be settled by a Sate Supreme Court and even then you could have different outcomes in different states.

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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts


Jun 17, 2024, 3:54 PM [ in reply to Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts ]
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Sort of like you relating to the garbage heap you reside in???

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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts

2

Jun 17, 2024, 2:23 PM [ in reply to Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts ]
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You have to focus on the law...not to a red neck reaction to what someone is writing about the law that knows it and practices it...Duke or UNC is heck of a better lawschool than ambulance chasing Savage U or the FSWTC whichever came first!

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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts


Jun 17, 2024, 6:10 PM
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From every legal opinion I’ve read, I do not think we will win in court. I do think we can create enough heat to ultimately drive a settlement. However, the ACC will drag its feet until they have a clear path to survival once the dominos start to fall.

They have no incentive to move quickly until they are ready and I don’t think anything is going to change that.

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So a Coot rag paper talks to yankee and tarhole attorneys

3

Jun 14, 2024, 9:58 AM
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And they lean with the ACC....no kidding

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Re: So a Coot rag paper talks to yankee and tarhole attorneys

1

Jun 14, 2024, 11:30 AM
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Realistic takeaway is some kind of settlement around the exit fee how much is Clemson willing to pay and how much the ACC is willing to take to release the GOR are the big questions.

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Re: So a Coot rag paper talks to yankee and tarhole attorneys

1

Jun 14, 2024, 12:21 PM
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So when teams get in the huddle at a football game you are sure they are talking about you!

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The ACC May fall apart long before this is decided, things can change overnight

1

Jun 14, 2024, 12:40 PM
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Especially if the value of the dollar drops dramatically overnight or we have a huge fire 🔥 or something many didn’t expect happens overnight.

Things in these cases could totally not matter before they are even been heard.

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We keep getting better & better everyday, in every way!
“The only disability is a bad Attitude” Dabo Swinney!!
Let’s Go Tigers!


Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts

2

Jun 14, 2024, 7:44 PM
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Ohhhh, David McKenzie you say. The Duke Law grad who can't even defend his arguments against mundane criticisms. I've been long since blocked by him on X for calling him out for his homer takes. He's one of the "Ironclad GOR" guys that's been running around, and rather admit he was wrong, has chosen to double down and die on that hill.

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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts

1

Jun 17, 2024, 3:46 PM
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All he is getting is mundane stupid junk that has little to do with commercial patent contracts...even FSU graduate will not be as clueless...don't have any clue why we would toss our lot in with a pack of idiots...but am beginning to see! FSU may wind up with nothing except a legal tab...who signed when did they sign, when did they complain, and why now? Nobody made them sign and they had lots of legal help before signing!

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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts

2

Jun 17, 2024, 5:09 PM
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This will all come down to a reduction in the exit fee that Clemson will most likely be able to afford. $530 million is completely absurd and I very seriously doubt a judge will allow it to stand

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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts


Jun 17, 2024, 5:55 PM
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Why wouldn't a judge uphold the agreement in the contract?

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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts


Jun 17, 2024, 6:15 PM
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Did you read the article?

It could be that a court says, ‘There’s no way it’s $570 million to leave,’” Jayaratnam told The State in January. “But the court could say, ‘But it is $130 million,’ which I think (schools) would be willing to pay.” The ACC, she wrote in a May 9 legal analysis covering both the Clemson and FSU cases, has argued that framing its exit fee as a penalty is “improper” because the fee is not triggered by a breach of contract (a requirement for a damages provision).

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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts


Jun 17, 2024, 8:35 PM
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Lol. I don't care what some guys slanted opinion is in a news article. Texas and OU paid $50 million EACH to get out just 1 year early. There is no way Clemson is going to walk with 10 years left for a paltry $130 million.

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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts


Jun 17, 2024, 10:13 PM
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If you can sign a contract, praise it, profit by it for ten years and all at once it is bad, the whole conference is corrupt and the two irate signers want out! What does that say about those in charge of the process, legal staff and those in charge! What about the character of those leading this! Or does it really matter to some of you!

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Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts

1

Jun 17, 2024, 6:53 PM [ in reply to Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts ]
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Probably will rule in favor of ACC...the killer question will be...when did you know or when should you have known?..For how long did you take profits from this before you decided to challenge its validity?...What market event caused you to claim fraud? Wanna bet that Judges are "stupid"!

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Probably but that would have to be a settlement


Jun 17, 2024, 7:58 PM [ in reply to Re: The State: Can Clemson actually win its lawsuit against ACC? What legal experts ]
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Both Clemson and FSU are arguing that the exit penalty is excessive and therefore unenforceable in its entirety. So based on these particular filings the judge will have to rule that we owe all of the exit fee or none of it.

What interests me is what happens with the 2nd team to settle. Does having a settlement already in the books strengthen or weaken your negotiating position?

And no I didn’t read the article; the explanations that I trust were conveyed by other experts familiar with the suit. I’d be more likely to learn something from the instructions on the back of a bottle of Johnson and Johnson no more tears shampoo than anything printed in the State.

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Our best hope is for a settlement.***

2

Jun 17, 2024, 5:24 PM
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"All those 'Fire Brownell' guys can kiss it." -Joseph Girard III

"Everybody needs to know that Coach Brownell is arguably the best coach to come through Clemson." -PJ Hall


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