|
Replies: 16
| visibility 4026
|
Legend [19805]
TigerPulse: 84%
Posts: 17398
Joined: 7/25/07
|
There seems to be a lot of confusion on Today's Rulings - Let me Help a little
15
15
Jul 10, 2024, 5:17 PM
|
|
DISCLAIMER - I'm not an attorney but I'm also not an idiot.
I keep seeing "The tarhole judge sided with the ACC surprise surprise".
That's not entirely true at all. There were shots fired by both sides today and the majority of them in Clemson's favor, just not the most important one which no one expected anyway.
Rulings:
Clemson's Motion to Dismiss
Lack of Jurisdiction
Denied - judge says that NC is the only court that can bind all the parties
Clemson's Motion to Dismiss ACC's 1st prong of 1st Claim
A declaration that “the [Grant of Rights Agreements] are valid and binding contracts, supported by good and adequate consideration,”
Granted - the judge agreed with Clemson that they have not denied this.
Clemson's Motion to Dismiss ACC's 2nd prong of 1st Claim
A declaration that “the Conference is and will remain the owner of the rights transferred by Clemson under the [Grant of Rights Agreements] through June 30, 2036, regardless of whether it remains a Member Institution.”
Denied - judge deems it worthy of litigation
Clemson's Motion to Dismiss ACC's 2nd Claim
A declaration that Clemson is either “estopped from challenging the validity or enforceability” of the Grant of Rights Agreements or “has waived its right to contest the validity or enforceability of the
terms and conditions” of the Grant of Rights Agreements.
Granted - the judge agreed that Clemson has not challenged the validity or enforceability.
Clemson's Motion to dismiss ACC's 1st, 2nd and 3rd prong of 4th claim
The ACC alleges that Clemson’s filing of the South Carolina Action breached the Grant of Rights Agreements by (1) “[taking] direct action that affects the validity and enforcement of the [Grant of Rights Agreements]”;112 (2) “tak[ing] direct action that affects the irrevocability and exclusivity of the [Grant of Rights Agreements]”;113 and (3) “breach[ing] its obligation of good faith and fair dealing[ ]” owed to the ACC under those agreements.
Granted - Again, the judge agreed that Clemson has not challenged the validity or enforceability.
Clemson's Motion to dismiss ACC's 5th claim
A declaration that Clemson, as an ACC Member Institution, owes fiduciary duties to the ACC under the ACC’s Constitution and Bylaws as well as under North Carolina law.1
Granted and Dismissed WITH PREJUDICE - Judge looks to FSU also being granted this dismissal
Clemson's Motion to dismiss ACC's 6th claim
Breach of the implied covenant of good faith and fair dealing, this time in connection with the ACC’s Bylaws and Constitution.120
Granted - Again, the judge agreed that Clemson has not challenged the validity or enforceability nor interfered with the conference's ability to enforce it.
Clemson's Motion to Stay
Stay of all remaining claims
Denied - Judge finds NC to be the suitable.
|
|
|
|
 |
Orange Blooded [4429]
TigerPulse: 100%
Posts: 3122
Joined: 11/30/98
|
|
|
|
|
|
Orange Blooded [4429]
TigerPulse: 100%
Posts: 3122
Joined: 11/30/98
|
Re: There seems to be a lot of confusion on Today's Rulings - Let me Help a little
1
Jul 10, 2024, 6:12 PM
|
|
Personally I'm putting a TON of confidence in the FLA case. With the AG involved.....she can be real Moody.....
|
|
|
|
|
|
All-TigerNet [11182]
TigerPulse: 100%
Posts: 9543
Joined: 12/29/06
|
Re: There seems to be a lot of confusion on Today's Rulings - Let me Help a little
1
Jul 10, 2024, 6:15 PM
|
|
I'm pretty sure that everyone involved in this case knew exactly what would happen regarding this. I think we just felt obligated to at least try it.
|
|
|
|
|
|
Orange Blooded [2418]
TigerPulse: 99%
Posts: 1979
Joined: 11/27/22
|
Re: There seems to be a lot of confusion on Today's Rulings - Let me Help a little
2
Jul 10, 2024, 6:23 PM
|
|
I started to read this then began getting a headache....just let me know when it's over.🤣
|
|
|
|
|
|
CU Medallion [56989]
TigerPulse: 100%
Posts: 59266
Joined: 7/18/07
|
Re: There seems to be a lot of confusion on Today's Rulings - Let me Help a little
Jul 10, 2024, 8:30 PM
|
|
I agree with you bc, I never ever get a headache, but trying to read all that lawyer/Judge talk will give a huge boulder an ache of some degree!!!
|
|
|
|
|
|
Orange Blooded [3772]
TigerPulse: 100%
Posts: 3577
Joined: 12/1/19
|
Re: There seems to be a lot of confusion on Today's Rulings - Let me Help a little
2
Jul 10, 2024, 6:33 PM
|
|
We still have ongoing litigation in Pickens SC correct?
|
|
|
|
|
|
CU Guru [1219]
TigerPulse: 98%
Posts: 1480
Joined: 1/3/19
|
Correct.
2
Jul 10, 2024, 7:02 PM
|
|
If that one goes the other way (likely) the conflicting decisions will put this in federal court. That could drag in for years...maybe until the current GOR expires.
The ACC is on life support, and the league office knows it.
|
|
|
|
|
|
Orange Blooded [4429]
TigerPulse: 100%
Posts: 3122
Joined: 11/30/98
|
|
|
|
|
|
All-TigerNet [12815]
TigerPulse: 100%
Posts: 8702
Joined: 10/18/16
|
Re: There seems to be a lot of confusion on Today's Rulings - Let me Help a little
1
Jul 10, 2024, 6:44 PM
|
|
Not bad for today. Maybe the NC judge graduated from UNC and is looking for a UNC exit. I know, I know he can't do that.
|
|
|
|
|
|
CU Medallion [56989]
TigerPulse: 100%
Posts: 59266
Joined: 7/18/07
|
Re: There seems to be a lot of confusion on Today's Rulings - Let me Help a little
1
Jul 10, 2024, 8:32 PM
|
|
Yep, and his degree came from the class without a classroom!!!
|
|
|
|
|
|
110%er [6754]
TigerPulse: 100%
Posts: 3914
Joined: 6/3/18
|
Re: There seems to be a lot of confusion on Today's Rulings - Let me Help a little
Jul 10, 2024, 7:02 PM
|
|
Disclaimer: I made a post earlier about the “tarhole” judge” and it was made somewhat tongue in cheek.
I think most people on here realize that it wasn’t all bad for Clemson but it’s always fun on here to take a jab at the ACC. No need to call people idiots while trying to “enlighten” them.
|
|
|
|
|
|
Legend [19805]
TigerPulse: 84%
Posts: 17398
Joined: 7/25/07
|
I wasnt meaning to call anyone an idiot
Jul 10, 2024, 7:33 PM
|
|
I was simply saying that I wasn’t an idiot as a qualification because I’m not an attorney. I didn’t mean any insult.
|
|
|
|
|
|
110%er [6754]
TigerPulse: 100%
Posts: 3914
Joined: 6/3/18
|
Re: I wasnt meaning to call anyone an idiot
1
Jul 10, 2024, 8:02 PM
|
|
👍🏻
|
|
|
|
|
|
Orange Blooded [3067]
TigerPulse: 100%
Posts: 3695
Joined: 11/15/09
|
The Logical and Right Thing is...
Jul 11, 2024, 9:55 AM
|
|
ESPN should increase what they are paying the schools. That makes the conference stronger and more valuable to them as well. More money should help the schools turn out better teams making the games have bigger audiences. Win, win.
|
|
|
|
|
|
Legend [19805]
TigerPulse: 84%
Posts: 17398
Joined: 7/25/07
|
But why would ESPN increase whay they pay when they have such a sweetheart deal?
Jul 11, 2024, 10:21 AM
|
|
Giving Wake, BC, GT, Duke, Cuse etc. more money isn't going to increase their ratings at all and therefore not increase ESPN's profits.
|
|
|
|
|
|
Commissioner [949]
TigerPulse: 100%
Posts: 1578
Joined: 4/4/02
|
Re: The Logical and Right Thing is...
Jul 11, 2024, 10:22 AM
[ in reply to The Logical and Right Thing is... ] |
|
More money comes from more commercials and more control of schedules by ESPN. We need less of all that not more.
|
|
|
|
|
|
Replies: 16
| visibility 4026
|
|
|
50
