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.