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Replies: 27
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Senior Writer [∞]
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Clemson appeals NC Court decision
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Jul 11, 2024, 1:22 PM
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We broke the news yesterday that a North Carolina judge had ruled against Clemson's motion to stay, writing in his opinion that the case should be heard in North Carolina and that the Tar Heel state should have jurisdiction to avoid chaos.
Clemson appealed that ruling Thursday.
This notice of appeal is a formal request to the North Carolina Supreme Court to review and reverse the Business Court's decision denying Clemson University's motions to dismiss the case on the grounds of sovereign immunity and lack of personal jurisdiction.
Effects of the Appeal:
The effects of the appeal:
Automatic Stay: The notice of appeal triggers an automatic stay under N.C.G.S. § 1-294, halting further proceedings in the trial court until the appellate court's mandate is returned.
Divestiture of Jurisdiction: The Business Court is divested of jurisdiction to proceed with the case's merits during the appeal.
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CU Guru [1335]
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Re: Clemson appeals NC Court decision
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Jul 11, 2024, 1:27 PM
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None of this means anything.
Watch for July 15th… I’m telling you it’s about to go down.
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All-In [47699]
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Re: Clemson appeals NC Court decision
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Jul 11, 2024, 1:34 PM
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Maybe July 17th, or July 21st, or July 28th, or ...
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Legend [15076]
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All-TigerNet [10677]
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Re: Clemson appeals NC Court decision
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Jul 11, 2024, 10:58 PM
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Some time between now and the time that the sun burns out, Clemson will leave the ACC.
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110%er [7403]
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Orange Blooded [4536]
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All-TigerNet [12814]
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Orange Blooded [4429]
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110%er [7253]
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Re: Clemson appeals NC Court decision
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Jul 12, 2024, 9:17 AM
[ in reply to Re: Clemson appeals NC Court decision ] |
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“Valkyrie your time is running out…”
This will only make sense to people who played the Guantlet video game.
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Orange Blooded [2668]
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could you say that in
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Jul 11, 2024, 1:28 PM
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Varsity [210]
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Re: Clemson appeals NC Court decision
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Jul 11, 2024, 1:36 PM
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My biggest question regarding the ruling against Clemson was that the judge stated it was the only way for the ACC, Clemson and Florida State to reach a decision which applies to all parties (inference).
How is a matter that is Clemson vs ACC and ACC vs Clemson, a matter that involves FSU. The judges decision to include FSU in the argument seems disregard that they are separate legal battles.
I dont know if what I just said makes sense to anyone, but it struck me odd.
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All-TigerNet [14189]
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Makes total sense to me and could be cause to overturn his ruling
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Jul 11, 2024, 1:40 PM
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or at least send it back to him.
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All-In [28632]
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Re: Clemson appeals NC Court decision
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Jul 11, 2024, 1:44 PM
[ in reply to Re: Clemson appeals NC Court decision ] |
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Yes, you are correct. The homer judge is doing all he can to screw FSU/CLEMSO AND keep that POS Acc in business in NC. HE RULED AGAINST FSU, claiming he did do because the ACC filed the first law suit in NC court which gave the NC court jurisdiction. Now that Clemson filed first in a SC court, that first filing to get jurisdiction no longer matters. What a POS judge.
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110%er [7253]
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Re: Clemson appeals NC Court decision
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Jul 12, 2024, 10:07 AM
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It could be more an ego thing than trying to screw us. He wants his name in the national press. Regardless, this is likely to end up in federal court at some point.
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All-In [44720]
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CU Guru [1086]
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Re: Clemson appeals NC Court decision
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Jul 11, 2024, 3:43 PM
[ in reply to Re: Clemson appeals NC Court decision ] |
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It's not odd. If the lawsuits conclude with different rulings, then tou would have to take it to federal court to get a uniform ruling.
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CU Guru [1959]
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Re: Clemson appeals NC Court decision
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Jul 11, 2024, 4:53 PM
[ in reply to Re: Clemson appeals NC Court decision ] |
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It was kind of cute to hear the NC Biz Ct judge say that NC was the ONLY venue that could deliver a clear and comprehensive ruling. That pesky federalism issue will most likely lead to the SC and FL judges saying thank you for your comments NC judge, but we have sovereign court systems in our states as well. FSU and Clemson have separate actions in different jurisdictions and they have not been joined. Let the trial attorneys chime in, but I thought that joinder was usually permissive and not mandatory in most situations. BTW, I doubt anyone really thought that the NC judge would rule otherwise on the stay and dismissal motions this week. Otherwise, Clemson scored small wins when the NC judge kicked the ACC's meritless claims of breach of fiduciary duty and bad faith to the curb. Looking forward to the day this conference gets a leg chopped off and subsequent relegation.
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110%er [7403]
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How much $$$ is being wasted on attorneys fees for
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Jul 11, 2024, 1:45 PM
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all this crap.
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Legend [15830]
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Re: How much $$$ is being wasted on attorneys fees for
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Jul 11, 2024, 1:46 PM
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worth every penny if we get out of the all crap conference.
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Associate AD [822]
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110%er [7253]
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Re: How much $$$ is being wasted on attorneys fees for
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Jul 12, 2024, 10:10 AM
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Not just “likely”. It’s not even close. Probably less than 1% of what the ACC wants from us.
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Freshman [0]
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Re: Clemson appeals NC Court decision
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Jul 11, 2024, 2:53 PM
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Judge is UNC grad, Harvard Law. Swofford cronie ? What are they trying to hide?
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Orange Blooded [4417]
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The Sovereign Immunity argument for FSU and Clemson
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Jul 11, 2024, 3:01 PM
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may end up before the Supreme Court
Federal courts have generally ruled in favor of public Universities being part of the state and entitled to protection under the 11th amendment
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CU Guru [1219]
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Expected, and good news,
Jul 11, 2024, 3:21 PM
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Especially the stay.
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Freshman [-66]
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Re: Clemson appeals NC Court decision
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Jul 11, 2024, 5:33 PM
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Clemson's appeal is totally expected, but I think it is ridiculous to have three cases going on parallel tracks involving the exact same pattern of fact.
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110%er [7253]
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Re: Clemson appeals NC Court decision
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Jul 12, 2024, 10:11 AM
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It’s to our favor. Just need one ruling that breaks the GOR.
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CU Medallion [55384]
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Just as I thought!
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Jul 11, 2024, 11:17 PM
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I have no idea what any of this means
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Replies: 27
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