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Maryland vs ACC lawsuit able to proceed

KitchinDeac said:
The ACC is not incorporated in North Carolina. The ACC is not incorporated anywhere. The ACC is an unincorporated association of universities. The ACC does have its principal place of business in North Carolina, however, and that may mean that NC law applies.
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Yeah that's right, I always think conferences are incorporated for some reason, probably just because they always say "incorporated in 1953" in the media guide and whatnot.
 
KitchinDeac said:
The ACC is not incorporated in North Carolina. The ACC is not incorporated anywhere. The ACC is an unincorporated association of universities. The ACC does have its principal place of business in North Carolina, however, and that may mean that NC law applies.
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I have also read that in the bylaws the schools agreed that disputes would be settled in North Carolina courts.
 
Here's the withdrawal section from the 2012-2013 bylaws:

"Upon official notice of withdrawal, the member will be subject to a withdrawal payment, as liquidated damages, in an amount equal to one and one-quarter (1¼) times the total operating budget of the Conference (including any contingency included therein), approved in accordance with Section V-1 of the Conference Bylaws, which is in effect as of the date of the official notice of withdrawal. The Conference may offset the amount of such payment against any distributions otherwise due such member for any Conference year. Any remaining amount due shall be paid by the withdrawing member within 30 days after the effective date of withdrawal. The withdrawing member shall have no claim on the assets, accounts or income of the Conference."
 
It appears that there is a substantial amount of case law regarding sovereign immunity for states where they've entered into contracts. They all cut against Maryland and in favor of the ACC - at least as far as North Carolina entering contracts is concerned.

"The State “implicitly consents to be sued for damages on [a] contract in the event it breaches the contract.”"

Smith v. State, 289 N.C. 303, 222 S.E.2d 412 (1976)
 
Is it time for all the Maryland fans to show up and speak in absolutes yet?
 
I'm going to cut and paste this from the article so that I can use it everytime one of those dumbasses claims "Doesn't matter, got paid."

The $52 million fee is the highest penalty ever assessed on a school for leaving an athletic conference and would be nearly equal to the school's yearly athletic budget, Maryland's attorney general's office said in May. The school's athletic department last year cut seven sports teams as it struggled with multi-million dollar annual losses.
 
Jeff Barker ‏@sunjeffbarker 4m
New Maryland counterclaim alleges Pitt, Wake Forest athletic reps tried to recruit unnamed Big Ten schools to join ACC. #Terps #ACC

ETA: It's a $157M counterclaim.

Lawyers, discuss potential ramifications if Wake did this.
 
Alex Prewitt ‏@alex_prewitt · 14s
Alleges that b/c of "counsel and direction...received from ESPN," the ACC has tried to lure other schools "to extract more lucrative terms."

Alex Prewitt ‏@alex_prewitt · 1m
From the Maryland AG office: "We allege the ACC is confiscating NCAA monies that belong to Maryland when it has no right to do so."


DOESN'T MATTER, GOT PAID.
 
CumberlandDeac said:
Jeff Barker ‏@sunjeffbarker 4m
New Maryland counterclaim alleges Pitt, Wake Forest athletic reps tried to recruit unnamed Big Ten schools to join ACC. #Terps #ACC

ETA: It's a $157M counterclaim.

Lawyers, discuss potential ramifications if Wake did this.
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Would bet money that it's Penn State. Also, not sure what's wrong with that?
 
TBR said:
Would bet money that it's Penn State. Also, not sure what's wrong with that?
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At least according to ESPN Twitter's account, you are correct. Penn State is one of them. (Strange ESPN Big Ten Twitter account tweeted that when ESPN is named in the Lawsuit.)
 
If the ACC loses this suit, please let it be the fault of Ron Wellman. On a somewhat related note, it is amazing how fast I have lost interest in all things Maryland. I used to keep up with their hoops team very closely and their football team somewhat closely but now could barely name a player even though they are still a part of the ACC, for a few more weeks anyway.
 
My question is what is the legally cognizable claim? Assume everything wake and Pitt are alleged of doing is true. What is the legal claim?
 
CumberlandDeac said:
Jeff Barker ‏@sunjeffbarker 4m
New Maryland counterclaim alleges Pitt, Wake Forest athletic reps tried to recruit unnamed Big Ten schools to join ACC. #Terps #ACC

ETA: It's a $157M counterclaim.

Lawyers, discuss potential ramifications if Wake did this.
Click to expand...

None of the articles I've found explain why this would be an issue.
 
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