Author Topic: If WVU loses it's Lawsuit...  (Read 5602 times)

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Offline HawaiiCat

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If WVU loses it's Lawsuit...
« on: November 26, 2011, 02:59:25 PM »
 :dunno: Doe's Mizzou's departure depend on WVU's timeline? My understanding was that if the conference moves to 9, TV deals are null and void opening MU to lawsuits. Is there a chance we have to endure those F*#$ another year or two?


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« Last Edit: November 26, 2011, 05:31:37 PM by HawaiiCat »

Offline Winters

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Re: If WVU loses it's Lawsuit...
« Reply #1 on: November 26, 2011, 05:59:48 PM »
You should ask BSAC bro
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Offline Pete

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Re: If WVU loses it's Lawsuit...
« Reply #2 on: November 26, 2011, 09:09:01 PM »
You should ask BSAC bro

Yep.  PM him.  He has this nailed down.

Offline MakeItRain

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Re: If WVU loses it's Lawsuit...
« Reply #3 on: November 26, 2011, 10:39:17 PM »
Could be wrong but it seems to me that the lawsuit isn't about who is going to win or lose but how much WVU will be asked to pay.  Again the Big East cannot force WVU or anyone else to arrive at other Big East stadiums and play games.

Offline kso_FAN

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Re: If WVU loses it's Lawsuit...
« Reply #4 on: November 26, 2011, 10:47:34 PM »
Could be wrong but it seems to me that the lawsuit isn't about who is going to win or lose but how much WVU will be asked to pay.  Again the Big East cannot force WVU or anyone else to arrive at other Big East stadiums and play games.

Yeah, that's what I've thought. And the Big 12 isn't going to force MU to show up anywhere either.

Offline Skipper44

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Re: If WVU loses it's Lawsuit...
« Reply #5 on: November 27, 2011, 09:51:39 AM »
 along this same topic, do conferences have any real leverage or means for compensation other than withholding tv, bowl and NCAA money?

Offline EuroCat

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Re: If WVU loses it's Lawsuit...
« Reply #6 on: November 27, 2011, 10:36:11 AM »
along this same topic, do conferences have any real leverage or means for compensation other than withholding tv, bowl and NCAA money?
I think the teams are going to do what they want, and the courts will sort out what damages (if any) are to be paid.

Offline Houstoncat93

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Re: If WVU loses it's Lawsuit...
« Reply #7 on: November 27, 2011, 10:49:10 AM »
I would be amazed if any of this ever made it to a court room.  They will settle.

Offline EuroCat

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Re: If WVU loses it's Lawsuit...
« Reply #8 on: November 27, 2011, 11:39:53 AM »
I would be amazed if any of this ever made it to a court room.  They will settle.
You're probably right. The point is the conference can't physically force them to do anything, they will play where they want and damages will be determined later.

Offline Skipper44

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Re: If WVU loses it's Lawsuit...
« Reply #9 on: November 27, 2011, 11:43:37 AM »
I would be amazed if any of this ever made it to a court room.  They will settle.
You're probably right. The point is the conference can't physically force them to do anything, they will play where they want and damages will be determined later.
it would seem the above line of thinking makes any and all grant rights a waste of paper

Offline Houstoncat93

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Re: If WVU loses it's Lawsuit...
« Reply #10 on: November 27, 2011, 11:51:30 AM »
I would be amazed if any of this ever made it to a court room.  They will settle.
You're probably right. The point is the conference can't physically force them to do anything, they will play where they want and damages will be determined later.
it would seem the above line of thinking makes any and all grant rights a waste of paper

Just to clarify......a court could order Mizzou\WVU to play in their old conferences.  I just don't think it will get that far.

Offline MakeItRain

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Re: If WVU loses it's Lawsuit...
« Reply #11 on: November 27, 2011, 12:39:06 PM »
I would be amazed if any of this ever made it to a court room.  They will settle.
You're probably right. The point is the conference can't physically force them to do anything, they will play where they want and damages will be determined later.
it would seem the above line of thinking makes any and all grant rights a waste of paper

No it doesn't, grant rights agreements are also financial agreements.  Oklahoma State could join the SEC tomorrow, the grant of rights just assures that it would cost them far more money than leaving would be worth.

Offline Trim

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Re: If WVU loses it's Lawsuit...
« Reply #12 on: November 27, 2011, 12:47:27 PM »
I would be amazed if any of this ever made it to a court room.  They will settle.
You're probably right. The point is the conference can't physically force them to do anything, they will play where they want and damages will be determined later.
it would seem the above line of thinking makes any and all grant rights a waste of paper

Just to clarify......a court could order Mizzou\WVU to play in their old conferences.  I just don't think it will get that far.

Enforcing specific performance would be pretty odd in a case where damages remedies are available.

Offline Dugout DickStone

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Re: If WVU loses it's Lawsuit...
« Reply #13 on: November 27, 2011, 01:15:21 PM »
I would be amazed if any of this ever made it to a court room.  They will settle.
You're probably right. The point is the conference can't physically force them to do anything, they will play where they want and damages will be determined later.
it would seem the above line of thinking makes any and all grant rights a waste of paper

Just to clarify......a court could order Mizzou\WVU to play in their old conferences.  I just don't think it will get that far.

Enforcing specific performance would be pretty odd in a case where damages remedies are available.

Yes.  But not impossible

Offline Trim

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Re: If WVU loses it's Lawsuit...
« Reply #14 on: November 27, 2011, 01:22:13 PM »
I would be amazed if any of this ever made it to a court room.  They will settle.
You're probably right. The point is the conference can't physically force them to do anything, they will play where they want and damages will be determined later.
it would seem the above line of thinking makes any and all grant rights a waste of paper

Just to clarify......a court could order Mizzou\WVU to play in their old conferences.  I just don't think it will get that far.

Enforcing specific performance would be pretty odd in a case where damages remedies are available.

Yes.  But not impossible

Sure.  Also would be odd to force parties with this much acrimony to work together.  I can't imagine a Court finding it feasible for a party to be participating in a business under the thumb of their litigation opponent.  WVU and anyone else in that situation will be told to cut a check.

Offline Dugout DickStone

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Re: If WVU loses it's Lawsuit...
« Reply #15 on: November 27, 2011, 02:12:09 PM »
I would be amazed if any of this ever made it to a court room.  They will settle.
You're probably right. The point is the conference can't physically force them to do anything, they will play where they want and damages will be determined later.
it would seem the above line of thinking makes any and all grant rights a waste of paper

Just to clarify......a court could order Mizzou\WVU to play in their old conferences.  I just don't think it will get that far.

Enforcing specific performance would be pretty odd in a case where damages remedies are available.

Yes.  But not impossible

Sure.  Also would be odd to force parties with this much acrimony to work together.  I can't imagine a Court finding it feasible for a party to be participating in a business under the thumb of their litigation opponent.  WVU and anyone else in that situation will be told to cut a check.

It'll never happen.  I doubt they even ask for it in any suit except as settlement leverage.

Offline Panjandrum

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Re: If WVU loses it's Lawsuit...
« Reply #16 on: November 27, 2011, 02:22:36 PM »
I enjoy legal banter like this.

Offline Trim

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Re: If WVU loses it's Lawsuit...
« Reply #17 on: November 27, 2011, 02:24:38 PM »
I enjoy legal banter like this.

You'd have loved Bosz vs. goEMAW.

Offline MakeItRain

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Re: If WVU loses it's Lawsuit...
« Reply #18 on: November 27, 2011, 02:32:20 PM »
I would be amazed if any of this ever made it to a court room.  They will settle.
You're probably right. The point is the conference can't physically force them to do anything, they will play where they want and damages will be determined later.
it would seem the above line of thinking makes any and all grant rights a waste of paper

Just to clarify......a court could order Mizzou\WVU to play in their old conferences.  I just don't think it will get that far.

Enforcing specific performance would be pretty odd in a case where damages remedies are available.

Yes.  But not impossible

Sure.  Also would be odd to force parties with this much acrimony to work together.  I can't imagine a Court finding it feasible for a party to be participating in a business under the thumb of their litigation opponent.  WVU and anyone else in that situation will be told to cut a check.

Let's say that a judge rules that WVU must continue to compete in the Big East for part or all of the contractual obligation.  WVU still decides that they won't honor the judges order and will compete in the Big 12.  Am I wrong in assuming that the only thing the judge can do in this case is impose a fine?  This can only be civil litigation, no?

The people with the real hammer here refuses to get involved.  If any school refuses to abide by their contractual obligation to their conference I don't know why the NCAA can't just issue a post-season ban on all sports other than football.  They were able to do this to get schools to change their nicknames and logos and it held up in court, not sure why it wouldn't in this case.  Nevertheless, the NCAA is right not to get involved here.  Letting WVU, Syracuse, and Pittsburgh leave after this year is for the best for everyone in college athletics including the Big East, I'm not sure why the Big East doesn't realize this.

Offline Trim

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Re: If WVU loses it's Lawsuit...
« Reply #19 on: November 27, 2011, 02:41:22 PM »
Let's say that a judge rules that WVU must continue to compete in the Big East for part or all of the contractual obligation.  WVU still decides that they won't honor the judges order and will compete in the Big 12.  Am I wrong in assuming that the only thing the judge can do in this case is impose a fine?  This can only be civil litigation, no?

Out of my wheelhouse now.  "WVU" could be found in contempt, I suppose.  Not sure what sort of penalty could be imposed on a University or if an individual person could be sanctioned.  :dunno:

But it won't happen.  There's just no way that BE could show that WVU specifically is so critical to BE that a Judge would find that damages are insufficient and that it would be better to force one side to participate in competitions that are governed by their opponent, and have to babysit things and ensure that both sides are keeping up with all the little specific details of the contract.

Offline CyberToothCat

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Re: If WVU loses it's Lawsuit...
« Reply #20 on: November 27, 2011, 02:47:17 PM »
I would be amazed if any of this ever made it to a court room.  They will settle.
You're probably right. The point is the conference can't physically force them to do anything, they will play where they want and damages will be determined later.
it would seem the above line of thinking makes any and all grant rights a waste of paper

Just to clarify......a court could order Mizzou\WVU to play in their old conferences.  I just don't think it will get that far.

Enforcing specific performance would be pretty odd in a case where damages remedies are available.

Yes.  But not impossible

Sure.  Also would be odd to force parties with this much acrimony to work together.  I can't imagine a Court finding it feasible for a party to be participating in a business under the thumb of their litigation opponent.  WVU and anyone else in that situation will be told to cut a check.

Let's say that a judge rules that WVU must continue to compete in the Big East for part or all of the contractual obligation.  WVU still decides that they won't honor the judges order and will compete in the Big 12.  Am I wrong in assuming that the only thing the judge can do in this case is impose a fine?  This can only be civil litigation, no?

The people with the real hammer here refuses to get involved.  If any school refuses to abide by their contractual obligation to their conference I don't know why the NCAA can't just issue a post-season ban on all sports other than football.  They were able to do this to get schools to change their nicknames and logos and it held up in court, not sure why it wouldn't in this case.  Nevertheless, the NCAA is right not to get involved here.  Letting WVU, Syracuse, and Pittsburgh leave after this year is for the best for everyone in college athletics including the Big East, I'm not sure why the Big East doesn't realize this.

How can you say it's in the Big East's best interests to let WVU, Pitt and Cuse go immediately instead of waiting 27 months?

The Big East is down to five teams without those three schools.  Per NCAA rules, that's not enough to constitute a conference.  Without those three schools, Big East football ceases to exist and Louisville, UConn, etc, are suddenly homeless.

The Big East is trying to get past this by inviting schools like Boise, SMU, Houston, etc, but none of them have joined (that I've heard about).  If the Big East can't get anyone to join, and the Big East lets the WVU/Pitt/Cuse trio leave immediately, the schools left behind are SCREWED.  Completely and totally.  Legal manuevers are their only options at this point.  I don't blame them for taking full advantage.

Offline MakeItRain

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Re: If WVU loses it's Lawsuit...
« Reply #21 on: November 27, 2011, 03:22:51 PM »
I would be amazed if any of this ever made it to a court room.  They will settle.
You're probably right. The point is the conference can't physically force them to do anything, they will play where they want and damages will be determined later.
it would seem the above line of thinking makes any and all grant rights a waste of paper

Just to clarify......a court could order Mizzou\WVU to play in their old conferences.  I just don't think it will get that far.

Enforcing specific performance would be pretty odd in a case where damages remedies are available.

Yes.  But not impossible

Sure.  Also would be odd to force parties with this much acrimony to work together.  I can't imagine a Court finding it feasible for a party to be participating in a business under the thumb of their litigation opponent.  WVU and anyone else in that situation will be told to cut a check.

Let's say that a judge rules that WVU must continue to compete in the Big East for part or all of the contractual obligation.  WVU still decides that they won't honor the judges order and will compete in the Big 12.  Am I wrong in assuming that the only thing the judge can do in this case is impose a fine?  This can only be civil litigation, no?

The people with the real hammer here refuses to get involved.  If any school refuses to abide by their contractual obligation to their conference I don't know why the NCAA can't just issue a post-season ban on all sports other than football.  They were able to do this to get schools to change their nicknames and logos and it held up in court, not sure why it wouldn't in this case.  Nevertheless, the NCAA is right not to get involved here.  Letting WVU, Syracuse, and Pittsburgh leave after this year is for the best for everyone in college athletics including the Big East, I'm not sure why the Big East doesn't realize this.

How can you say it's in the Big East's best interests to let WVU, Pitt and Cuse go immediately instead of waiting 27 months?

The Big East is down to five teams without those three schools.  Per NCAA rules, that's not enough to constitute a conference.  Without those three schools, Big East football ceases to exist and Louisville, UConn, etc, are suddenly homeless.

The Big East is trying to get past this by inviting schools like Boise, SMU, Houston, etc, but none of them have joined (that I've heard about).  If the Big East can't get anyone to join, and the Big East lets the WVU/Pitt/Cuse trio leave immediately, the schools left behind are SCREWED.  Completely and totally.  Legal manuevers are their only options at this point.  I don't blame them for taking full advantage.

It's in their best interests so they can move on.  The Big East is going to keep their BCS status until the current BCS contract is up whether the teams leave or not.  With the uncertainty as to when they are leaving they can't possibly take on their future form until their present is settled.  They have no idea how many teams to invite and when they can take them.  They have already wasted two months and have gotten absolutely nowhere.

Offline kim carnes

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Re: If WVU loses it's Lawsuit...
« Reply #22 on: November 27, 2011, 03:27:35 PM »
I would be amazed if any of this ever made it to a court room.  They will settle.
You're probably right. The point is the conference can't physically force them to do anything, they will play where they want and damages will be determined later.
it would seem the above line of thinking makes any and all grant rights a waste of paper

Just to clarify......a court could order Mizzou\WVU to play in their old conferences.  I just don't think it will get that far.

Enforcing specific performance would be pretty odd in a case where damages remedies are available.

Yes.  But not impossible

Sure.  Also would be odd to force parties with this much acrimony to work together.  I can't imagine a Court finding it feasible for a party to be participating in a business under the thumb of their litigation opponent.  WVU and anyone else in that situation will be told to cut a check.

Let's say that a judge rules that WVU must continue to compete in the Big East for part or all of the contractual obligation.  WVU still decides that they won't honor the judges order and will compete in the Big 12.  Am I wrong in assuming that the only thing the judge can do in this case is impose a fine?  This can only be civil litigation, no?

The people with the real hammer here refuses to get involved.  If any school refuses to abide by their contractual obligation to their conference I don't know why the NCAA can't just issue a post-season ban on all sports other than football.  They were able to do this to get schools to change their nicknames and logos and it held up in court, not sure why it wouldn't in this case.  Nevertheless, the NCAA is right not to get involved here.  Letting WVU, Syracuse, and Pittsburgh leave after this year is for the best for everyone in college athletics including the Big East, I'm not sure why the Big East doesn't realize this.

How can you say it's in the Big East's best interests to let WVU, Pitt and Cuse go immediately instead of waiting 27 months?

The Big East is down to five teams without those three schools.  Per NCAA rules, that's not enough to constitute a conference.  Without those three schools, Big East football ceases to exist and Louisville, UConn, etc, are suddenly homeless.

The Big East is trying to get past this by inviting schools like Boise, SMU, Houston, etc, but none of them have joined (that I've heard about).  If the Big East can't get anyone to join, and the Big East lets the WVU/Pitt/Cuse trio leave immediately, the schools left behind are SCREWED.  Completely and totally.  Legal manuevers are their only options at this point.  I don't blame them for taking full advantage.

It's in their best interests so they can move on.  The Big East is going to keep their BCS status until the current BCS contract is up whether the teams leave or not.  With the uncertainty as to when they are leaving they can't possibly take on their future form until their present is settled.  They have no idea how many teams to invite and when they can take them.  They have already wasted two months and have gotten absolutely nowhere.

If they only have 5 teams left (or however many they'll have) that may screw up their agreement with the BCS and they may lose there auto bid.  Not saying that is definitely the case, but it could be.

Offline Houstoncat93

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Re: If WVU loses it's Lawsuit...
« Reply #23 on: November 27, 2011, 08:15:32 PM »

Let's say that a judge rules that WVU must continue to compete in the Big East for part or all of the contractual obligation.  WVU still decides that they won't honor the judges order and will compete in the Big 12.  Am I wrong in assuming that the only thing the judge can do in this case is impose a fine?  This can only be civil litigation, no?


No at that point the judge would find WVU in contempt of court and put people in jail.  Not sure if it would be the AD or the University President (depends on how things are structured and who judge consider the person in charge).  Judges have pretty far reaching power when it comes to contempt of court.  Note:  I don't think any of this would happen in the real world since everyone has good lawyers and deep pockets but its fun legal speculation.