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ACC vs Maryland heating up

Pitt is perceived by the greater public to be the better school. Whether or not it actually is is obviously up for debate.
 
Deadbolt said:
Maryland paying any less than $50 mil would be devastating to the ACC. FSU and Clemson would be gone the day after.
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Where are they going to go?

The bottom line is if they both wanted to leave, which they don't, a $50 million dollar exit fee wouldn't stop them anyway.
 
RHTB&G said:
I didn't say she racked it up, however she is laying the foundation for the future. As to your second point, I'll go the "See It When I Believe It" approach. That being said, welcome back. You never did respond to my article where I showed how the debt at Maryland was created by Debbie Yow, after initially saying that was fabricated by Maryland fans. I'd love for you to comment on that at some time. Thanks!
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I've stated my reasons for believing that Debbie Yow was not the reason for the MD debt, and that if given the reigns to make EVERY decision she wanted, that MD wouldn't be in the financial mess they are in now. The article you posted did nothing to sway my opinion. You have your feelings on the matter and I have a different view. And as I stated, I really care what kind of mess MD is in, Yow has done nothing but kick ass at NCSU and give our programs every chance in the world to be as competitive as possible, all while making financially responsible decisions. I don't really know what else I can say about that.

Did Yow ever come out with a Strategic Plan for Athletics at MD? Such as the one in the link below

http://www.wralsportsfan.com/asset/colleges/ncsu/2012/07/02/11272330/NC_State_strategic_plan.pdf
 
Also, RHTBG, different places on the interwebs show MD debt at $51 million when Yow took over, and only $5.6 million when she left for State, true or false?
 
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."
 
WakeForestRanger said:
We need Maryland to get about its regular business of getting it's athletics teams beat by Illinois and Minnesota on a regular basis."
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My favorite part.

This situation is one of the few times I've been happy that judges in NC are elected.
 
"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."

I don't see why it couldn't be transferred to federal court under diversity. Federal courts could still apply state doctrine in this case right?
 
Wakeforest22890 said:
"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."

I don't see why it couldn't be transferred to federal court under diversity. Federal courts could still apply state doctrine in this case right?
Click to expand...

That's what I would think, but it's been a long time since civil procedure class.
 
Hasn't been long since I did, I just didn't know if there was some other specific rule about corporate law or something that restricted it to state court.
 
Hopefully the UA guy actually pays that $50 million and lets Maryland leave. That means FSU, VPI or Clemson would have to challenge before they could leave.
 
RHTB&G said:
As the head of the Terrapin Club in Pittsburgh, in what way is Pitt better than Maryland?
Click to expand...

their internet fan base and likely their actual fan base as well

won't miss the dead Skip jokes
 
TBR said:
Pitt is perceived by the greater public to be the better school. Whether or not it actually is is obviously up for debate.
Click to expand...

Tied at #58 in the US News Rankings.
 
Wakeforest22890 said:
"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."

I don't see why it couldn't be transferred to federal court under diversity. Federal courts could still apply state doctrine in this case right?
Click to expand...


If it just sued for a declaration that the corporate by laws are valid then it wouldn't qualify for diversity since the amount in controversy requirement isn't satisfied.
 
The WVU board is having a field day with this. This is from one guy:

MySources wrote: Just got done reading the complaint! Wow, Maryland has a much, much stronger case than I expected. On my phone right now but basically:

1) The ACC never provided notice of the exit fee amendment prior to the vote/meeting, making the vote invalid under the ACC constitution.
2) Even if notice was proper, amendments do not become effective until the following year, not immediately.
3) The total ACC payout this year is 16 million per school (presumably includes all tv and bowl revenue and other sports revenue).
4) Maryland has NOT withdrawn from the ACC yet. Despite this fact, the ACC has already started holding their money without proper authority under the ACC by laws.
5) One ACC member stated that the purpose of the exit fee was to stop schools from leaving and no analysis of the potential damages of a school leaving was ever performed, making the exit fee an alleged illegal penalty that would be in enforceable.
6) Maryland is seeking $156m in damages after trebling them.

Lots more details but no major bombshells on conference realignment unfortunately. Will add more tomorrow when I get to my laptop!
 
DoubleDeacNC said:
If it just sued for a declaration that the corporate by laws are valid then it wouldn't qualify for diversity since the amount in controversy requirement isn't satisfied.
Click to expand...

Yeah figured I was missing something, I was thinking that the damages were the actual exit fee not the judgment.
 
WakeForestRanger said:
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."
Click to expand...

If all of this is correct the ACC made a pretty sweet legal move.
 
As part of the deal, make them also take their geeky-looking, bowtie-wearing business prof, who sells copiers on TV, off the air.
 
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