DeacKillsaDevil
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Maryland officials were considering their options after Tuesday's ruling, said David Paulson, a spokesman for Maryland Attorney General Douglas Gansler. University representatives did not return messages seeking comment.
I think it's just a question of state law right? It could definitely be in federal court at some point (diversity or amount both meet the requirement) but I don't know why it would really matter one way or the other since I imagine North Carolina contract law is the applicable law.
And most importantly, NC jurors
Would still be NC jurors if they remove it to federal court it would just go to federal court in North Carolina right?
It shouldn't be removed to federal court, as my recollection is that there is a choice-of-venue clause that Maryland is a party to that says that disputes are to be resolved in the NC state courts. They would have waived their right to remove on diversity grounds. Even is there isn't, they would still have NC jurors in federal district court, so the jury pool wouldn't be much different either way.
I think it's just a question of state law right? It could definitely be in federal court at some point (diversity or amount both meet the requirement) but I don't know why it would really matter one way or the other since I imagine North Carolina contract law is the applicable law.
Don't think this (removal to Fed. Ct.) is accurate. First, removal must ordinarily be done within 30 days of service. Second, I am not sure there is diversity here. An unincorporated association is a citizen of the states of its members for diversity purposes. Who is still a member of the ACC? That's right, Maryland.
I think the only way this case ends up in Fed. Ct. is some type of appeal to SCOTUS.
As far as the damages go could it go to federal (notwithstanding the timing issue) or is it relevant that the lawsuit isn't asking for 52 million, it's just asking for a declaratory judgment that payment be made?
Amount in controversy, standing alone, does not invoke federal jurisdiction. There has to be greater than $75k in dispute and complete diversity.
I haven't followed basically any of this. Law nerd question:
Any lawyer want to explain why this thing is in NC court? Simply because the ACC as a body is the place of incorporation (or some equivalent) for the various ACC athletic departments?
The simple answer is that the ACC beat Maryland to the punch and filed first and chose to file in Guilford County, NC (where the ACC headquarters is located). Maryland has tried, unsuccessfully, to convince the trial judge and appellate panel that they are not subject to jurisdiction in NC.
Got it. And I assume all of the school athletic departments, as members of the ACC, are assumed to have sufficient contacts with the ACC headquarters? I was kind of wondering if the athletic departments, separate from their respective universities, actually had to file their place of business as part of the ACC (and therefore in NC).
Ah yes. Been a while since civ pro.
all of what, one year?