Small update on lawsuits

That's an interesting argument...

Re: That's an interesting argument...

You’re talking more about the 11th amendment which prevent government of states from being sued. A University isn’t a governing body and isn’t covered as states per se. It also would have no standing in patent law. Clemson and FSU aren’t developing products under conference alignment which would require proprietary technology. It also depends on the states laws. If SC law states clemson is a sovereign state then 11th amendment sovereign immunity would apply. In my recollection only Texas law states it’s universities are sovereign states. Clemson University contracts would not be covered under sovereign immunity. Great thought, though.

I’m hoping that the briefs will kill the lawsuit in NC. It’s kinda a race to see who rules first. Once one ruling occurs precedence is set. It would be hard for NC to go against a previous SC ruling in the same matter and vice versa. Although it wouldn’t be impossible. Judges bash other rulings in their dissent quite a lot.

Since government of states can't be sued...

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Re: That's an interesting argument...

Nov 15, 2024, 12:37 PM [ in reply to Re: That's an interesting argument... ]

Clemson University is a state supported university. It is funded by the state. It is governed by the state. It is a part of the state. It's employees are covered by the state retirement system. Therefore, it is covered by state sovereign immunity unless the state has excluded certain things as not being covered by sovereign immunity. If contracts are excluded, then sovereign immunity may not apply. I am sure the attorneys are not going to claim sovereign immunity if it does not apply, They are not that stupid to file a brief knowing that it does not apply to what they are arguing. They know judges are not stupid. It may be a matter for a court to interpret based on case law. I'm sure the attorneys have cited case law that shows that supports their argument. Judges may disagree. Normally, you are not going to find a judge who is going to let a person or entity domiciled in one state be taken to the cleaners by another state civil court. That is why the case will be settled in a SC or Fl. court. Not a NC court. But the case is going to settled or become moot when the ACC is disbanded and is no more.