ACC Files an Appeal in Florida and a Motion to Dismiss - ON THE SAME DAY - FSU vs the ACC Lawsuits
Вставка
- Опубліковано 9 чер 2024
- The ACC files an appeal in Florida for Judge Coopers ruling on the motion to stay. Also, the ACC files a motion to dismiss tghe second amended complaint by FSU filed in Leon Coutny, FL.
And - we finally learn who voted and who didn't vote in the ACCs lawsuit against FSU in Mecklenburg County, NC.
The ACC FSU war is underway, and The Big Mountain is your trusted place for updates and analysis!
REMEBER TO SUBSCRIBE - We will be staying on top of the NC and FL cases for their entirety.
MERCH STORE: thebigmountain.myspreadshop.com/
#ACCfootball #fsufootball #floridastatefootball - Спорт
This is the ACC logic. All courts must defer to North Carolina. Regardless if they filed first ( such as Clemson) or not. Talk about “Wanting To Have Their Cake and Eat It Too.”
Yes. But for different reasoning.
We don’t know if their rationale with Clemson will hold water yet for Judge Bledsoe. That is why we listed it as 1 of 2 most interesting parts that will soon play out with the ACC lawsuits.
I agree with Steve’s theory in the sovereign immunity exception. It’ll be interesting how the appeals court rules. As for the chaos theory, the ACC has no one to blame but themselves for not assigning jurisdiction in the GOR and allowing themselves to be sued in multiple states.
I guess I need an explanation, why would Florida or South Carolina care about this "Chaos" the ACC is pushing? States have the right to have different laws for a reason, the ACC made a contract with schools in lots of different states with no provision that one state's laws would rule supreme. As such wouldn't the contract have to fall in line with the laws in each state? On top of that, as public schools tied to the states from which they reside, why would the state choose to forgo what protections they can offer those schools? It doesn't seem to be in the state's best interests to do so, at least to me. If this "Chaos" is actually such a huge deal, then seeing as it is a multi-state issue, shouldn't it be in a federal court, not North Carolina? That of course putting aside the absolute forum shopping that happened, because it did, no matter what the ACC may claim.
The “Chaos” concept is BS. If there is “Chaos” the entire trial could be kicked up to Federal Court like in Tennessee or Georgia both are close to Florida, NC & SC.If the ACC was serious about “Chaos” they could request that. Instead it is “Wanting everything on their home turf” and speaking out of both sides of their mouth.
“Chaos” is having 3 or more rulings.
Yes, forum shopping occurred, but a true plaintiff can do that and also the principle of priority matters. That, and comity, are there to prevent previously mention chaos. These are basic law principal that most layman don’t understand until they want to learn about it.
We fully agree with you that forum shopping occurred.
Because if there are 3 or more different rulings you cannot really determine what must be done
If 1 court says you owe me 1 Million and another court says you owe me 500,000 but a 3rd court says I owe you $2 Million - who pays and when?
The courts are in 3 different states. None have Power over the other. And The Scenario I am presenting is SIMPLE. The cases being discussed ARE NOT
@@MercerKnowsBall I guess I have a different viewpoint with a degree in a different field, but that is not "chaos" to me. It just shows that this needs to go to a federal court. More unlikely but faster, in your scenario, you've just given an arbitrator his general range of outcomes if a federal court believes this doesn't need a trial.
@@stormrider3530 Law doesn't work that way. Case has to be decided in North Carolina 1st and last. Appeals to other Courts cannot be pursued until after. This is WHY ACC Filed 1st BEFORE FSU could file in a HANDPICKED Court in Florida. 1st to FILE, gets the Trial.
As I said in my latest episode of Bobcat Corner (STVCastle), these issues don't just impact the state of North Carolina and no one else. The ACC knows this flat out. Yes, the ACC is based in North Carolina, but they need to stop acting like they're in this bubble where North Carolina law overrules the laws of any other state. The members of the ACC are based in multiple states, and I highly doubt that they have forfeited the protection of their respective states. FSU and Clemson know this too. Jurisdiction should be in ALL states that are impacted by the operations of the ACC.
The ACC is just stalling and wanting to drag this out as long as humanly possible until they drive FSU and Clemson nuts. And while I'm not confident at all about whatever AG Ashley Moody is trying to do, if there is legal precedent that supports her request of needing to see the details of the ACC/ESPN Agreement, then it needs to be surrendered to her already. Ultimately, let's just take all of this to Federal Court and let SCOTUS make a ruling on all this.
This is such a Dumpster Fire Clown Show.
👍
ACC holds every LEGAL CARD - FSU just wanted to CHEAT its way Out on the Cheap - ACC has no reason to Settle until it HURTS FSU
FSU is caught in a Bear Trap - when FSU chews through its own leg it can go - ACC is just watching while FSU tries to decide when it will start chewing.
Remember who voted against Cal, Stanford and SMU. Clemson, Florida St & UNC. Now who did not vote against FSU? Clemson & UNC. Interesting isn’t it?
the bottom of the barrel.... who, enjoys ALL of the riches provided by the 3 schools you mentioned.... voting to keep their revenue streams in tact- despite making ZERO effort in the last 32 years to improve the profitability of the organization with which they belong? i'm jack's complete lack of surprise..... seems a lot like how the world works these days.
@@jfigfsu ZERO effort. Please explain ZERO...
Look at Boston College, how many football or basketball titles have they won since joining the ACC? Look at Miami, NC St, Syracuse football titles? NONE NC State none in 40 years. Pitt & WF 1 this Century. I can go on
@@DLTJR1959 zero effort is the big x and SEC paying out their member schools $30-$40 million more annually regardless of performance. zero effort is catering at every single opportunity to bring in a "nameless" catholic school- giving them voting rights and treating them like a club VIP in a conference they don't even belong to. zero effort is not going out and marketing your brand; lobbying in front of every camera (operated by another partner organization- ESPN) to make a case that the undefeated champion of your conference belongs in the playoffs. zero effort is going out and getting the likes of stanford and cal.... touting your chest like you added value to the conference. the ACC is run like a beer league and deserves to quickly descend into the abyss of irrelevancy. those who have run the ACC made theirs.... pilfered all the riches and are now upset the well is drying up. aside from disney, there is no other singular organization i want to see belly up more than the atlantic coast conference. it brings me great joy to know each passing day we get closer to this happening.
@@DLTJR1959 ZERO as in they have invested nothing in their football program. Their viewership does not support the amount of money they get from the conference as opposed to how much effort they put into it. $00000000.00 ZERO
No! UNC, FSU, Clemson were pushed out of the driver’s seat & left there. The 2nd Judicial Appeals Court in Tallahassee will never pick up this new filing. There are two reasons: #1 There has been no ruling from the 2nd Judicial Circuit Court in Tallahassee (Leon County). #2 In a case this high profile & dealing with a State of Florida entity, the precedent is that after a ruling is made. That case may be Appealed to the Florida State Supreme Court. We talked & you mentioned the 2nd Judicial Circuit Court being very unique. I will see if there is a governing Statue for filing in Tallahassee where the Head of the 2nd Judicial Circuit Court resides. It maybe “the 1st among equals”. It could be when dealing with Political issues, Judges do not want the headache. So, they throw those cases to Tallahassee. *I will look, Timothy in Tallahassee.
😄😄😄FSU not gonna win their appeal, yet you think ACC has a chance in Florida?
1: No other schools are suing.
2: You can't argue first to courthouse in one case. The argue against in another.
3: FSU and Clemson have the ACC encircled. ACC must 100%. FSU and Clemson, all they need is one victory.
2 The are different courthouses - in different states - you CAN say 1 thing in 1 stata and the complete opposite in the other - its dishonest - but you can do it
3 FSU has no case that it can WIN - it is banking on a settlement - ACC has every REAL CARD - it is waiting for FSU to RAISE their settlement numbers HIGH ENOUGH to settle - High enough for it to HURT REALLY BAD because ACC knos FSU is trying to F it - ACC is waiting until FSU is ready to actually chew its own leg off and is going to enjoy watching FSU take every bite
@user-kn7ry8iz6x The only problem and I have no problem. You can't say ACC had first right to venue in NC and deny Clemson claim to first right to venue in South Carolina.
Whether intentional or not: Clemson and FSU has the ACC in perfect L shape ambush. As there are two different arguments. These cases cannot be rolled into one.
All we have to do is win one.
This is what we know: This is a divorce. Clemson and FSU are packed and out the door. The ACC is not walking away with $700 million dollars of Florida taxpayers' money.😄😄😄
The longer it goes on. The stronger Clemson and FSU position becomes.
@@brothermouzone1307 The Clemson Lawsuit is IRRELEVANT. Which is why I did not mention it. It really only seeks DISCOVERY which will be handled in the North Carolina Lawsuit.
You say "All you have to do is win one" But that is ridiculous and ALSO Irrelevant. Because you will LOSE in Florida and North Carolina and your LOSS in North Carolina will already give you all you are after in South Carolina making South Carolina meaningless.
This IS a DIVORCE. But You are the Party that is whoring around and has a verified mistress and has abused the kids YET you want the Kids and No Restrictions and you want to keep all the money you should pay for your violations of the Contract. And by YOU I mean FSU.
(Clemson is TRYING to do this LEGALLY.)
ACC has NO INTEREST in letting you walk away. It only has interest in watching you TWIST and WHINE and LIE and EXPOSE yourself to the World as SCUM. When you PAY what you OWE you will be KICKED OUT.
ACC has interest in PROVING your case is BS and keeping the worlds attention on the ACC through out this next YEAR, because next June everything you have said is PROVEN FALSE when the ACC Revenue of this past year is Reported.
So ACC either waits and lets you TWIST until it gets to embarass you next June and exposes you with INDISPUTABLE FACTS as Liars and Crooked SCUM.
OR
You agree to settle in a way that will HURT YOU SO BAD it will take a Decade for you to Recover.
Those are your REAL Options
Regardless of what LIES you Dumb Leaders have convinced you RUBES to believe.
The problem with the NC argument coming from other states is that other states are NOT going to want an out of state judge ruling on matters that directly affect their state. On top of that is if you look at it from a football matter it would be like saying ok all of the conference has to play NC in NC and NC doesn't have to play any away games at all
Could it be argued by FSU that since state law requires the public announcement of a board vote to approve legal action, that the time of that announcement should be considered the actual time initiating the action? This was before the ACC filed, and would further highlight their decision to violate their own bylaws and vote before taking action. Maybe Doug or others could shed some light on if there is any precedent for adjusting the definition initiation of a case.
This likely holds no water.
Filing dates are the dates that matter.
I hope the FSU attorneys are watching this. You sir have a wonderful argument that I do not believe anyone has thought of. The vote to sue was announced before the ACC filed so by the ACC admitting, and even claiming that the vote was a formality, would seem to this ignorant redneck to be a winning argument. Unless the ACC goes back and says it was not, just trying to string the case along.
@TheBigMountainPodcast while that's true it does in fact show and prive that the acc suit was anticipatory and forum shopping as the acc was aware of this meeting
The white part of your hat blends with the background and creates somewhat of an optical illusion
Here is reality. Even if Clemson wins in SC, the ACC will appeal until the calendar goes past August 15th so both Clemson & Florida St are stuck in the ACC until 2026 at the earliest. The key date is 02/01/25 when ESPN can have the opt out or look in depending on who you want to believe. The ACC needs to have an agreement with ESPN before negotiations with Clemson & Florida St can begin. There are only 3 scenarios. 1: ESPN extends until 2036 as is. 2: ESPN walks away. 3: ESPN & the ACC settle on lesser terms, which requires a new GOR. This is something Clemson, Florida St, and any school that might want to leave ( like UNC) will not sign on to.
That is why FSU and Clemson just need to say they are leaving and blow the conference up. Especially if Clemson gets it's answer before then. FSU and Clemson need to keep the pressure up on the ACC anyway they can. When in a lawsuit everything is fair game.
leaving the acc without having clarity on their tv rights is pure insanity@@richardbrookins5406
Reality is 1 is GUARANTEED. ACC staying together without the Traitors is worth something ESPN has Invested $2 Billion in over the last 8 years and is worth $5 Billion in the next 12.
All ESPN has to do to collect a 250% return on Investment is (as you incorrectly put it) Extend and keep airing ACC games. Business as Usual.
BTW this $5 Billion is ABOVE and BEYOND the money ESPN would make from the ACC just off airing ACC games.
ACC Ratings for ESPN are currently (last year) than they ever were from the B1G in the Time Slots the B1G abandoned to join FOX.
Meaning the ACC will make ESPN more Commercial Revenue than the B1G ever did.... and this was by adding the schools NOT NAMED FSU and Clemson to the Time Slots BECAUSE ESPN was already showing FSU and Clemson in nearly every ACC Time Slot... this is increased Ratings from EVERYONE ELSE.
So losing FSU and Clemson might hurt the ACC... it does NOT hurt ESPN.
ESPN will "Extend". Only those IGNORANT of the FACTS think it will not.
This whole thing is going to be a footnote in the end. The House settlement is going to make schools opt in to an up to $20 million/year arrangement with players. How many acc schools are going to choose to be competitive at this level? Three? The schools are going to be segregated by the investment they are willing to make. The TV networks will arrange for the schools who are investing at the top levels to be grouped together (superconference). The litigants here should start taking this into account.
"ripeness"
isn't the entire point of a declaratory judgment in order to provide clarity on "what if" situations that have yet to occur? lol. plaintiff needs clarity on said issue is before it can act on said issue
You know they made those minutes up, right? If they were real we would have had them 5 months ago. The ACC behavior is absolutely despicable in these cases. They are trying to hold colleges hostage to their $hitty conference when they do not want to be there. If they work as hard representing their members as they do against them they would be the P1 over everyone else. All they are trying to do is slow the Florida case down so their home cooked judge can rule in their favor.
You know you should seek professional help, right? Living LIES is not Healthy for you.
Go Clemson.
😃
My thought is that regardless of venue, the ACC has the overwhelmingly better legal argument, thus they will not be inclined to settle for anything less than a very, very favorable number. One so high that no other school would be able to justify buying their contract out.
The ACC does NOT want a high settlement number. Like say $500m per school. They want to hold everyone hostage until 2037 even if ESPN walks away. Dealing with them is like dealing with the PAC. Dogmatic and oblivious to reality.
except for the glaring issue where the contractual language does not support the acc's interpretation
@@trick7884 Fine, lets take it all the way through the legal system and see what happens. Do you think FSU and Clemson will take that chance?
Uh, yea
That **is** why they sued the acc, after all
@@elliottcrews4997
@@trick7884 Whee is that? Point it out. Prove your point. You can't because you don;'t know anything TRUE about the Contract. You just know the FLIMSY EXCUSES FSU is using .
I get the feeling that we may not get a settlement and the ACC might actually win this in regards to Florida State. Clemson is an entirely different ballgame.
Jmo but there's no way in Hell the ACC actually defeats Florida State in court. Not with the possibility of a Discovery phase that blows the entire case wide open, which will uncover those "trade secrets". Everyone's playing a dangerous game here, including the ACC.
According to ACC everything must happen in Mecklenburg County. Thus there are four possible scenarios. 1: Beat both by having the FSU and Clemson suits combined, and heard in first Mecklenburg County and win. 2: Lose to both. Why? According to the ACC the issues are the same. 3: Settle with both. Losing to Clemson & beating FSU is not an option. 4: Then there is the Pyrrhic Victory scenario. The ACC decides to fight and ESPN walks away, so even if they win in Court, they lose. Why? no Judge will make schools take a worse offer then they already have, and thus, every school can leave the ACC in 2027 for at most $140m
👍
if clemson wins then FSU wins, too. acc has to win every count in every case in every jurisdiction. FSU and clemson just need to win one
FSU's Case has no LEGAL STANDING. It is simply a CROOKED attempt to CHEAT their way OUT o the CHEAP because it doesn't have the CASH to PAY it's way out NOR the HONESTY to negotiate its way out NOR the INTELLIGENCE to see that is only needed to WAIT about 2 more years to get out on the CHEAP when the SEC and B1G would actually be READY for their dumbass.
Y’all are clueless if you truly believe that the state of Florida is going to STAY this case and surrender to NC courts.. Sir the governor of Florida has given FSU money for this lawsuit, and the entire state of Florida is invested in getting FSU out of the ACC… politics rule EVERYTHING, and those judges are not going against what the governor wants.. I believe the AG was ordered to file, I mean she’s a UF graduate, so she’s not a FSU fan to say the least.. there’s a lot of powerful state people in Leon county that are FSU graduates.. I can assure this appeal will get dismissed, the same way it’s going to get dismissed in NC… I get you love the drama of it all, but the state of Florida will not surrendered it’s public university NC. Stop being naive, these motion aren’t the ACC trying to get a dismissal, it’s them trying to slow the case down in Florida so that the NC case can take the lead again..
So, in your scenario, politics trumps the court of law.
Got it.
@@TheBigMountainPodcast sir are you serious right now??? It’s politics happening in NC also.. Bledsoe will rule against Clemson motion that they was the first to file , like come on you know damn well non of these states are going to STAY the case… why would Florida surrender a public universal to the state on NC??? Believe whatever you want but I’ll be right back here when it’s dismissed in Florida appeals court… you’ll learn about the state of Florida when their invested .. you can call it politics , home cooking, the law, it really doesn’t matter what you think… the state of Florida isn’t surrendering a state property to the state of NC, but hey I get the theater of it all for you guys so enjoy this dog and pony show, I’ll see you in the comment section after it’s dismissed in Florida.
@@TheBigMountainPodcast I’ll advise you to check judge coopers appeal record before you talk so much… judge cooper is well respected in law legal minds.. it’s a reason he made fsu go back and revise their arguments, because he was helping them so that it won’t get reverse in appeals… and FYI the judge that’s assisted to the ACC vs AG case is a FSU graduate also.. I mean it’s not too many court rooms you can go into in Leon county that the judge isn’t affiliated with FSU, and the same can be said in NC, judge Bledsoe is a UNC grad and I’m sure their appeals courts is littered with judges that attended a school within that state… this is a lot of state money at stake here, so you’re damn right politics will get involved, but I guess you still believe in the tooth fairy and fantasies
@TheBigMountainPodcast | in most cases politics trump law
..look at our former prez. He's a prime example. Politics got him convicted in a liberal state.
You smarter than this JY
We go off of the laws and opinions on them. That’s why we have Doug Rohan and David McKenzie on.
If you want coverage of the politics of these lawsuits, you are on the wrong channel. It’s always a wild card, but we aren’t DeSantis mind readers and he certainly won’t be joining us for an episode.
Come on guy just get to the facts
ACC homers, every show
You aren't watching objectively. They aren't taking sides, just keeping us up to date and weighing the pros and cons of it all.
No. The LAW is on the ACC's side.