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YOUR BALANCE
I think FSU loses their lawsuit unless they prove some kind of fraud occurred.
Tiger Boards - Clemson Football
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Replies: 25
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I think FSU loses their lawsuit unless they prove some kind of fraud occurred.

1

Dec 23, 2023, 6:03 PM
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Of course there could be a very wide interpretation of fraud in this situation.

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If what I'm reading is correct...

3

Dec 23, 2023, 6:09 PM
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FSU has a solid complaint about the ACC commish having signed an agreement to allow ESPiN an option to extend the TV contract beyond 2025. Supposedly he sent emails informing ACC schools that he was going to give ESPiN an option to extend or end the TV deal but the measure was never brought to a vote, which BTW, is what he should have done according to the ACC bylaws and carried by a 75% (?) margin.

These are the internet rumors I've read and do not reflect my opinion. I've listed my opinion and detals/support below:

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Re: If what I'm reading is correct...

1

Dec 23, 2023, 7:04 PM
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Wouldn't some even minimally-competent lawyer have noticed this before now?

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Re: If what I'm reading is correct...


Dec 23, 2023, 7:21 PM
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From what I understand they are just finding this out as the GOR have not been allowed out of the locked safe they’re stored in since they were originally signed

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Yeah, locked in a secret safe.


Dec 24, 2023, 12:14 AM
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https://news.fsu.edu/wp-content/uploads/2023/12/2016-AMENDMENT-ACC-Grant-of-Rights-Agmt.pdf

https://storageaccountstart88df.blob.core.windows.net/ndnationshare/ACC-Grant-of-Rights-1.pdf

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Re: Yeah, locked in a secret safe.


Dec 24, 2023, 11:29 AM
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Do you see an executed copy in those. That means e those don’t mean crap. The other contract that you won’t find on the Internet that is equally if not more important is the media contract. The fact is they do have to go to headquarters to view them. No one has copies and only legal representatives can view them with an acc representative in the room. Those are facts not assumptions.

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Lol.


Dec 24, 2023, 11:40 AM
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Fake news.

You’re taking the word of Free Shoes U lawyers. Lawyers for schools that aren’t on their side say different.

You’re selecting your “facts.”

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Re: If what I'm reading is correct...


Dec 24, 2023, 12:55 AM [ in reply to If what I'm reading is correct... ]
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If the judges can't see the bigger picture, we all are in trouble going forward.

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FSU's own president approved the extension.

1

Dec 24, 2023, 8:49 AM [ in reply to If what I'm reading is correct... ]
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Factual background, part 62.

And that's pretty damning.

"Sure we agreed to it. No we didnt do our own due diligence. We relied on the assumed truth."

You what? Hundreds of millions on the line and you "relied on the assumed truth"?

Victim mentaility. What a bunch of whiners.

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Re: FSU's own president approved the extension.

1

Dec 24, 2023, 8:54 AM
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I know! How much are we paying these presidents to not read and understand important documents. At that level, my expectation is that they would would be all over the details on a half a billion dollars. I wonder if Clements or Barker even read our copy.

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Re: I think FSU loses their lawsuit unless they prove some kind of fraud occurred.


Dec 23, 2023, 6:53 PM
Reply

Maybe not even then. Remember UNC's academic fraud didn't result in any penalties

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Clearly fraud has occurred.***


Dec 23, 2023, 6:59 PM
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Re: Clearly fraud has occurred.***


Dec 23, 2023, 7:20 PM
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Be careful as a muscle can be pulled when you REACH that far.

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Re: Clearly fraud has occurred.***


Dec 24, 2023, 7:36 AM
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How is there fraud when the landscape changed by EsPN actions with respect to the BIG and the SEC which changed how the acc looked to FSU who was also dealing with a defunct leadership...it sounds like `mommy joe got more jellie beans than me and I`m more special so I should get more too! EsPN knew they had the ACC over a barrel and pulled a Mackey mouse! SHAME on you FSU!

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Re: I think FSU loses their lawsuit unless they prove some kind of fraud occurred.

3

Dec 23, 2023, 7:03 PM
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I don’t know about that

If FSU’s claim is true that Phillips signed the amendment to the ESPN agreement without two thirds approval, then the ACC is toast

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Re: I think FSU loses their lawsuit unless they prove some kind of fraud occurred.

2

Dec 23, 2023, 9:21 PM
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Read the suit filed by the ACC. Pretty much clears it all up. Schools signed - more than once - GOR which gave ACC media rights and authority to negotiate tv deal with ESPN. There two contracts in play - GOR b/t schools and ACC; media contract b/t ACC and ESPN. So ACC had authority through GOR to negotiate for the collective members. The TV contract is what’s under lock and key, not the GOR - and is available for review by any member any time at ACC headquarters. If what the ACC filed with court in Charlotte is accurate it would seem FSU, and others, are grasping at straws. There is no fraud - each school (with legal counsel I’m sure) read and signed the contracts. The schools are stuck and it’s their own fault for signing away their media rights. Also, the contracts apparently state clearly they are governed by NC law.

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Re: I think FSU loses their lawsuit unless they prove some kind of fraud occurred.

2

Dec 23, 2023, 11:39 PM
Reply

You are full of crap

Read 1.6.2 of the ACC constitution

Clear as day

Any amendment to the media right must be approved by a two thirds vote of all executive directors

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Re: I think FSU loses their lawsuit unless they prove some kind of fraud occurred.


Dec 24, 2023, 9:01 AM
Reply

FSUs filing only states that FSU didn’t agree with 2021 amendment but also states the conference sent an email to the members about the amendment the day before it was signed. Why did no member object at that point if the amendment had not been approved? Certainly at least one member would’ve objected and called for a vote if the conference was violating the constitution. FSUs filing states “it appears” that amendment wasn’t approved; doesn’t state it was in fact not approved. Again, the members were made aware before amendment was signed. Even if the 2021 amendment was improperly executed, it’s unlikely that would invalidate the GOR that was in place since 2013; it would create a problem with that particular amendment.

Not saying FSU can’t or won’t prevail, but it’s not going to be on the grounds of the 2021 amendment.

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Re: I think FSU loses their lawsuit unless they prove some kind of fraud occurred.


Dec 24, 2023, 8:35 AM [ in reply to Re: I think FSU loses their lawsuit unless they prove some kind of fraud occurred. ]
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If judges in the Florida court system deem these anti-free trade, it doesn’t matter if the ACC wins in North Carolina. FSU won’t be paying.

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Re: I think FSU loses their lawsuit unless they prove some kind of fraud occurred.


Dec 24, 2023, 11:36 AM [ in reply to Re: I think FSU loses their lawsuit unless they prove some kind of fraud occurred. ]
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What they didn’t vote on and sign is and amendment that changed the date ESPN had to decide in the option. That is against by laws and would be a major mistake on the acc’s part.

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Re: I think FSU loses their lawsuit unless they prove some kind of fraud occurred.


Dec 24, 2023, 12:10 AM
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I don’t think there’s any chance that the ACC lets this go anywhere remotely close to a judgement in court. They have way too much to lose to risk a judgement in FSU’s favor opening the zero buy-out flood gates. I think they will settled for some number proportionately lower than 572mil paving the way for others to leave for the same price and the ACC still padding their bank account. I think the additions of the 3 new teams was foreshadowing this.

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Re: I think FSU loses their lawsuit unless they prove some kind of fraud occurred.


Dec 24, 2023, 9:06 AM
Reply

Negligence be easier to prove


Or Swofford and his cronies were morons

Yep that’s what I’d build my case on

MORONISM

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Re: I think FSU loses their lawsuit unless they prove some kind of fraud occurred.


Dec 24, 2023, 11:13 AM
Reply

OK Perry Mason. Appreciate your input lol

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Screw Calford.


I think youre right BUT


Dec 24, 2023, 11:35 AM
Reply

I will be pulling for FSU like I’ve never done. The ACC needs to implode… at this point I don’t care if our landing spot is the Southeastern Conference or the Southern Conference. Let’s see how Swofford’s brilliant Syracuse and BC adds carry the conference when the few big brands have left.

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I think the Raycom thing is going to be a BIG DEAL...

1

Dec 24, 2023, 11:50 AM
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Swofford signed over the ACC's 3rd Their Rights to ESPN with a promise they would go to Raycom. Well they did. And Raycom payed $50 Million for them...to ESPN!!! The ACC saw NONE of the revenue made off of our 3rd tier rights. Interesting that Swofford was EXTREMELY entangled with Raycom. Then throw in the fact that HIS SON WAS A PART OF THEIR MANAGEMENT TEAM!!!

Dirty stuff happened and every ACC President is responsible for their lack of oversight. Including our own.

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Re: I think FSU loses their lawsuit unless they prove some kind of fraud occurred.


Dec 24, 2023, 12:00 PM
Reply

I think the lawsuit will either be settled or dropped. The ACCs days are numbered.

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Replies: 25
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Tiger Boards - Clemson Football
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