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Replies: 105
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CU Guru [∞]
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Clemson VS. The ACC - Pickens Courthouse Updates
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Jul 12, 2024, 9:23 AM
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We are live in the courthouse for Clemson's hearing against the ACC.
Stay tuned for updates throughout the day.
It's time to channel my inner Harvey Spector.
Message was edited by: GraysonMann®
Message was edited by: TonyCrumpton®
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All-In [44726]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
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Jul 12, 2024, 9:26 AM
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All-TigerNet [11709]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
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Jul 12, 2024, 9:30 AM
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Yes get it done today and serve notice on Monday- "JULY 15th". It will make a lot of people happy on this bored that keep pointing to that date.
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
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Jul 12, 2024, 9:47 AM
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Graham Neff is in the building. All smiles from the AD.
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Starter [371]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
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Jul 12, 2024, 9:50 AM
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Pharaoh Phillips, let my people go!
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
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Jul 12, 2024, 10:02 AM
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As we approach the 10 a.m. start time, the courtroom is lightly packed. There seems to be more media present than anyone else—well, besides the legal presence, of course.
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
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Jul 12, 2024, 10:08 AM
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Amy Yakola, associate commissioner of the ACC, is representing the conference today in Jim Phillips's place.
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All-TigerNet [11709]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
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Jul 12, 2024, 10:12 AM
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Yak-ola. Great name to be representing Phillips talking hot air.
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Orange Blooded [2918]
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All-In [44726]
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Is she in on the ACC's anti-Clemson agenda?
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Jul 12, 2024, 10:19 AM
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I'm sure the tinfoil hat club here would like to know. 
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Editor [∞]
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Oculus Spirit [97601]
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The guy with the full head of silver hair...
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Jul 12, 2024, 10:14 AM
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he wearing a wig?
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All-TigerNet [12313]
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Re: The guy with the full head of silver hair...
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Jul 12, 2024, 10:18 AM
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cutigerbob®
Must be some hired gun brought over from the British Courts.
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CU Guru [1154]
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Re: The guy with the full head of silver hair...
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Jul 12, 2024, 10:28 AM
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Even their horse hair wigs look better than that!
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110%er [7411]
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Legend [16777]
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Re: The guy with the full head of silver hair...
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Jul 12, 2024, 11:14 AM
[ in reply to The guy with the full head of silver hair... ] |
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That is my good friend Rush Smith, CU class of 1980. He lives in Columbia and works with Nelson Mullins law firm. Good guy and brilliant.
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All-In [27939]
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Orange Blooded [4860]
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110%er [7657]
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I dont understand why we arent using some
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Jul 12, 2024, 10:45 AM
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of our states best lawyers - Akeem, Sink, Leake, etc. they’d have the ACC paying us a bonus to leave.
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MVP [516]
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Re: I dont understand why we arent using some
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Jul 12, 2024, 10:51 AM
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Dial all 9's
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
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Jul 12, 2024, 10:13 AM
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The court is now in session. Here we go.
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
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Jul 12, 2024, 10:16 AM
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The first thing we get straight into is from the ACC's counsel, diving into the inner workings of the ACC Grant of Rights—what the heart of this case is all about.
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Hall of Famer [20693]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
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Jul 12, 2024, 10:19 AM
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Let's Do It!!!
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
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Jul 12, 2024, 10:19 AM
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"The agreements that are in dispute, the Grant of Rights and the ACC Constitution withdrawal payment. Clemson is not a signatory to any ESPN payments; they are to the ACC."
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 10:23 AM
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"In the specific jurisdiction context, there needs to be connectivity."
The ACC argues that Clemson's request for jurisdiction is insubstantial.
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 10:25 AM
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The ACC argues the contracts were signed in North Carolina, making the case for where this should be heard.
"We aren't dealing with a South and North Carolina clash here."
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 10:26 AM
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"This is the way it was from the beginning."
The ACC is arguing history and where the conference is housed as part of the case being made to the court.
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 10:28 AM
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"Once the Grant of Rights is signed and agreed upon in North Carolina, it is essentially done. The GOR sets up the structure."
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 10:33 AM
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"Something that happens in the future can't be a basis for what happens today."
This surrounds the conversation of Clemson's future standing within the conference and what should happen down the road.
The ACC's argument is based on the contract's language, avoiding hypotheticals about the conference's future as to where jurisdiction should be.
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Hall of Famer [20693]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 10:35 AM
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2036?
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 10:36 AM
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Another argument the ACC is making concerns revenue generation.
The ACC counsel argues that if Clemson had to have a temporary home stadium, Clemson would still be controlling those home games - a part of the ACC GOR package.
The location of where a game is played has nothing to do with the contract the ACC and Clemson are still a part of.
Message was edited by: GraysonMann®
Message was edited by: GraysonMann®
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 10:41 AM
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"If Michigan came to play a game down here in Death Valley, would they be subject to jurisdiction in South Carolina?"
The ACC argues that the location of where the game is played is irrelevant to the Grant of Rights that Clemson and the ACC are currently entrenched in.
Message was edited by: GraysonMann®
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 10:45 AM
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The fundamental question the ACC argues is whether the jurisdiction Clemson claims to have is irrelevant.
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110%er [7657]
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Legend [16845]
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Interstate commerce laws also permit states to collect taxes from
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Jul 12, 2024, 11:20 AM
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professionals that earn money performing there, even if not their home. This will be the next fun part of paying college kids to play and the rights states would have to collect income taxes from them when they travel and perform there. The supposed 'NIL' isn't being earned from marketing opportunities - it's a payment to be on the team and perform. When that performance happens on someone else's field in another state, that state should have rights to collect its taxable portion.
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CU Guru [∞]
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 10:51 AM
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The ACC uses President Clement's words in its argument.
"The ACC is a great conference. This increases the national exposure for additional revenue and our athletes. It stabilizes the conference long term."
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110%er [7411]
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Yep! He, and all the Presidents, should have to
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Jul 12, 2024, 11:01 AM
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answer for why they signed something when apparently not knowing all the detail of the agreement.
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All-TigerNet [11709]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 12:07 PM
[ in reply to Re: Clemson VS. The ACC - Pickens Courthouse Updates ] |
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The ACC doesn't want to be subject to having any kind of postseason event in SC either. What else is new? NC can suck it.
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 10:53 AM
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The ACC is using the requested movement of the Clemson/South Carolina game as part of their argument.
They argue with the ACC not being able to move the game, that Clemson has complete control of their location of said games.
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110%er [5287]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 10:55 AM
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How did I know that they did that to try to use it in the courts...hope Neff blows that one up.
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 10:54 AM
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Clemson is now speaking.
"This is important for the town, the state, and the county for Clemson to thrive."
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 10:56 AM
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"The ACC is deeply embedded in the business of South Carolina."
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 10:58 AM
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"Every time the GOR was presented to Clemson, the ACC said we need you to sign this, or ESPN won't go for the contract."
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 11:01 AM
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"It is simply a closed question about whether there is jurisdiction in South Carolina."
Clemson is on the move within their argument.
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
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Jul 12, 2024, 11:03 AM
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"It is so interesting that this week in South Carolina it doesn't matter if it is a home game or not, because last week we heard a lot about home games. This week, it doesn't matter if the Tigers run down the hill or the other side. Their argument just is not credible."
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CU Guru [∞]
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
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Jul 12, 2024, 11:09 AM
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The judge has a slideshow of Clemson's argument.
There are athletes within these slides, and the judge asks if they are being compensated for NIL.
A light moment in an otherwise serious morning.
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
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Jul 12, 2024, 11:11 AM
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Clemson references the ESPN agreements, citing the GOR is modified by that specific agreement.
The ACC has to fulfill its obligations under the ESPN contract.
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 11:14 AM
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"Nowhere has the ACC confronted the second (amendment to the GOR) in its argument."
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
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Jul 12, 2024, 11:16 AM
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Clemson is arguing the ACC has no rights to any of Clemson's media should they leave the conference.
A matter of who is allowed to do what and where.
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
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Jul 12, 2024, 11:18 AM
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"The ACC is supposed to enhance the lives of its members like Clemson."
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
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Jul 12, 2024, 11:20 AM
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Clemson argues that the ACC performs commercial activities in South Carolina, which they believe strengthens its argument of jurisdiction.
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 11:23 AM
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"That email (asking to move Clemson/South Carolina) shows how deeply embedded the ACC is in South Carolina. It isn't just about Clemson but also South Carolina and The Citadel."
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 11:24 AM
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Clemson relays how high the stakes of this case are for the university and for the community at large.
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
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Jul 12, 2024, 11:25 AM
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"Clemson isn't trying to bind any other members. The claims here are not the same being made in North Carolina. Judge Bledsoe's order ensured that."
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
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Jul 12, 2024, 11:32 AM
[ in reply to Re: Clemson VS. The ACC - Pickens Courthouse Updates ] |
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"It doesn't matter if some of the activity occurs in another state. This court decides activity from North Carolina all the time. We are not arguing jurisdiction exists because of ACC logos. Personal jurisdiction exists because the ACC entered the contract with Clemson to be performed in Clemson."
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 11:35 AM
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The ACC argues that Clemson's implication of being "coerced" into signing the contract is misplaced.
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Orange Blooded [3356]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
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Jul 12, 2024, 11:36 AM
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Nelson Mullins law firm is a powerhouse, we're in good hands.
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 11:38 AM
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The ACC argues the fairness concept:
"What's fair about a South Carolina disputing a North Carolina contract made in North Carolina that impacts Virginia or Florida State? The idea that it is not fair cuts in a lot of ways."
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 11:52 AM
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We have been on a "10-minute break" that's lasted a little longer than advertised. Stay tuned.
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 11:55 AM
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Court is back in session.
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 11:59 AM
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"We recognize that Clemson filed its lawsuit first in South Carolina."
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 12:00 PM
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"Clemson takes the position that the Grant of Rights is a valid and enforceable position. Florida State takes the opposite. The conference is in a weird spot. It is enforceable in South Carolina; is it not in Florida? These are all the same conference interpreting the same terms. North Carolina law needs to be applied here."
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 12:03 PM
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The ACC calls the various interpretations of the Grant of Rights an issue and says that to solve this problem, North Carolina Law, where the ACC resides, should be the final judgment.
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CU Guru [∞]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 12:03 PM
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The ACC is claiming Res Judicata - when a party thinks that claim has already been litigated and, therefore, shouldn't be again.
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Hall of Famer [20693]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 12:05 PM
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Back to jurisdiction...circular argument
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Letterman [259]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 12:06 PM
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"Ultimately, it is in Clemson's favor to have a binding judgment for everyone involved. We think it is appropriate for the court to consider abatement, at least until there is jurisdiction."
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 12:09 PM
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"They are asking the court to delay justice."
Clemson is now speaking in rebuttal of the ACC's argument for abatement.
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 12:11 PM
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"We are asking for a ruling that binds the ACC."
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 12:13 PM
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"Clemson filed first. That makes a difference in the contests they are talking about. We may find ourselves in the Supreme Court of North Carolina or the United States."
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 12:14 PM
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"We are very comfortable that their (Clemson's) interpretation of the Grant of Rights is wrong."
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Hall of Famer [20693]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
1
Jul 12, 2024, 12:17 PM
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Ok then let's just make them UNcomfortable
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 12:18 PM
[ in reply to Re: Clemson VS. The ACC - Pickens Courthouse Updates ] |
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"We don't want the spectacle of a judge in North Carolina and a judge in South Carolina saying two different things."
Once again, the ACC is hammering home that jurisdiction should occur in North Carolina.
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
2
Jul 12, 2024, 12:20 PM
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I'd like that "spectacle"
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110%er [7411]
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Let the Shrine Bowl settle it. Winner gets jurisdiction***
2
Jul 12, 2024, 12:22 PM
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110%er [7411]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 12:22 PM
[ in reply to Re: Clemson VS. The ACC - Pickens Courthouse Updates ] |
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The ACC is now referring to the 11th amendment
(The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.)
I should've paid more attention in my law class two years ago.
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 12:24 PM
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ACC: "This has res judicata written all over it. They want a conflicting decision. They want to go into North Carolina and tell them they are wrong."
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
1
Jul 12, 2024, 12:25 PM
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You dang rite that's what we want!
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
1
Jul 12, 2024, 12:26 PM
[ in reply to Re: Clemson VS. The ACC - Pickens Courthouse Updates ] |
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Uhhh, if two judges see it differently there is nothing black and white. Of course the ACC wants their home turf decisions.
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110%er [5617]
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Seems they have had the floor a lot more than Clemson.***
Jul 12, 2024, 12:29 PM
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Re: Seems they have had the floor a lot more than Clemson.***
Jul 12, 2024, 12:30 PM
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It has been relatively even. I unintentionally picked off more of the ACC's notable moments throughout the process.
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Orange Blooded [4444]
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 12:34 PM
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Quite the surprise: We are taking a five-minute break. Judge Gravely says he will provide some "direction" today.
We might have some breaking news here shortly. Stay tuned.
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
4
Jul 12, 2024, 12:36 PM
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We are used to standing by our computers…
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Orange Blooded [4444]
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Per your own words, apparently the ACC has made more notable
Jul 12, 2024, 12:40 PM
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statements. Reading this thread, seems ACC may have the edge. But again, I’m not privy to all, especially from Clemson side.
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Orange Blooded [4444]
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KB..sounded that way to me too...***
Jul 12, 2024, 12:58 PM
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Re: Grayson....
2
Jul 12, 2024, 12:55 PM
[ in reply to Grayson.... ] |
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Based on today, I'd say Clemson's arguments were more substantial, but this is one trickle in what looks to be a long battle for both sides.
I found the whole thing incredibly fascinating.
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
1
Jul 12, 2024, 12:40 PM
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Clemson Rocks!
Tigers Roll!!!
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110%er [7411]
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This will never end, just what the lawyers want!***
Jul 12, 2024, 12:42 PM
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
1
Jul 12, 2024, 12:40 PM
[ in reply to Re: Clemson VS. The ACC - Pickens Courthouse Updates ] |
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BOOM
TBH, it sounded like to me at least, the ACC was making a solid case....(I know you weren't giving all of CLEM's quotes)
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This is definitely headed to Federal Court***
1
Jul 12, 2024, 1:07 PM
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 1:25 PM
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The ACC has released an official statement:
“We are pleased with the dismissal of Clemson’s sovereign immunity claim and are disappointed with the other two rulings. The ACC will continue to focus on protecting the best interests of our membership.”
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Re: Clemson VS. The ACC - Pickens Courthouse Updates
Jul 12, 2024, 2:40 PM
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Sovereign immunity dismissal should be appealed to SC appellate ct. By Clemson. If it ever got to the US SUPREME CT. , it would be upheld. The US Supreme Ct does not rule in favor of someone in another state suing you in your home state.
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