WVU Files Lawsuit Against the Big East

[Chips]

WVU is hoping to settle this out of court. (Will likely offer to pay more money to get out of the deal).

I disagree, I think they are going to go forward in the Big12 next year and are happy to let it drag out in court. From what I read on another board, there is no appeals court in WVA so the only way an injunction could be filed to stop WVU is if it gets kicked up to the State Supreme Court. A huge time killer and not likely to stop them from moving to the Big12.

WVU is pretty much saying, "Ya we're going - go ahead and try to stop us".

[GoCats1994]

Classless way to exit. Notice Pitt and Cuse want nothing to do with this.

Pitt & Cuse are not at risk of being outside of an AQ conference due to the timing of their departures.

WVU has this risk.

WVU is hoping to settle this out of court. (Will likely offer to pay more money to get out of the deal).

[nachoman91]

My guess is this lawsuit is baseless and just an attempt to get the Big East to accept a buyout. But I can’t disagree with any part of it. This quotes are dead on accurate.

West Virginia places the blame on Big East commissioner John Marinatto for the instability of the conference.

West Virginia alleges that nothing was done to protect the remaining six football playing schools once Pitt, Syracuse and TCU left.

West Virginia alleges Marinatto failed to take proactive measures to "maintain, let alone enhance the quality of competition in the league" and the school had no choice but to accept an invitation to the Big 12.

[Thegreatone]

Classless way to exit. Notice Pitt and Cuse want nothing to do with this.

[Dannyboy]

They want to negotiate a settlement where they can get out early, and the lawsuit it a means to that end. This is what its come to.

[righthook]

No mention of WVU contributing to the destablization by begging the ACC and SEC and being denied?

[Bearcat Chris]

WV Files Suit Against Big East!

They want out, early!

http://espn.go.com/college-sports/st...john-marinatto

B.C.

[bearcat25]

Maybe we could take the $12.5 million the Big East has collected so far and send Marinatto a severance. We could surely have $12.25 million left, right?

I hope this clown is shown the door.

[bearcatd]

"Upon information and belief"

So what does the "belief" part of this mean? Does WVU have information that these schools were doing this, or do they have a belief that that these schools did this. I also like how ESPN picks and chooses which parts of the lawsuit to include in their story. Kind of like how, when CBS sports releases a story, ESPN waits until their reporters confirm it with their sources before reporting it, making it look like an ESPN reporter first reported it.

I think WVU wants to settle something with the Big East (which would make sense for both parties) but the conference wasn't willing to budge so the lawsuit was filed to get this moving. I also think that if the Big East doesn't think WVU's compromise is enough, they will fight the lawsuit. The Big East (non-)invitees will wait until everything is settled to take the offer. It could get worse if the ACC and Big 12 stick their noses in the obligation that WVU, SU and Pitt have to the Big East. So far we haven't heard anything from the latter 2 schools about their wanting to leave earlier. I'm wondering if they have been working with Marinatto (and Big East "leadership") to get out of their 27 month commitment. This will be interesting.

For the record, if UC were invited to another conference, I would want them to be able to leave as soon as possible. If their contract says they have to stay 27 weeks, I hope they could negotiate to get out but a contract is a contract (says Mike Brown). I'm sure they could work to get out of it but WVU's way of doing it isn't the most tactful way...unless the Big East just wasn't willing to budge...which is possible.

[RedRocker]

So, we're to believe that all those other schools (UC included) worked behind the scenes to get the heck out of the BE, while good ol' WVU, in good faith, sat idly, hoping against hope that the conference would stick together. Yes, folks, the Mountaineers ... and only the Mountaineers ... are the stalwarts that the rest of the BE needed. They were the only ones with clean hands. Wonderful, pious WVU!

(Yes, this is dripping with sarcasm! Nay, flowing.)

Excellent.

[RedRocker]

It actually does mention UC, UL, and Rutgers as having discussions with other conferences, and mentions UConn's very public courting of the ACC. It also has a typo and says that UConn and Pitt went to the ACC, rather than Syracuse and Pitt.

The only part of their lawsuit that makes any sense starts in paragraph 40. WVU wired half of their withdrawl fee to the BE at the same time as a letter proposing that they be allowed to leave immediately. Since the BE accepted the wire transfer, they think that means that the BE accepted their proposal to leave immediately.

The rest is just b****ing and moaning.

There generally is no formal requirement of an acceptance of a wire transfer at the recipient's end. If WVU had the bank routing number and account number, they could have done this unilaterally without notice given to the Big East until after the letter/email was received.

That will not hold up as acceptance of new contract terms. I hope the BE starts slapping around some of these schools and other conferences: WVU, Big XII, ACC, Pitt and their chancellor.

[CaptainProbasco]

It actually does mention UC, UL, and Rutgers as having discussions with other conferences, and mentions UConn's very public courting of the ACC. It also has a typo and says that UConn and Pitt went to the ACC, rather than Syracuse and Pitt.

The only part of their lawsuit that makes any sense starts in paragraph 40. WVU wired half of their withdrawl fee to the BE at the same time as a letter proposing that they be allowed to leave immediately. Since the BE accepted the wire transfer, they think that means that the BE accepted their proposal to leave immediately.

The rest is just b****ing and moaning.

[CaptainProbasco]

Here is the actual link to the lawsuit:

http://www.wboy.com/wboyUploads/SKMB...1103114550.pdf

WVU demands a jury trial

[Helicopter]

IMO, WVU will lose this suit. (barring a kangaroo court)

1. They agreed to the rules.
2. The commissioner / big east acted in good faith.
3. The TCU situation was very different.
4. Pitt and Cuse aren't clamoring to sue. They are abiding by the bylaws, only WVU feels it doesn't have to.
5. No evidence of harm. Its all still speculative how much harm will be caused. Courts don't like to make injunctions especially if they have to rely on "if"s (if they lose their AQ, if they lose TV contracts, if they lose money)

I highly highly doubt WVU is successful. I'm interested in hearing what better minds have to opine.

[Helicopter]

This suit seems bizarre to me. They claim material breach (not anticipatory repudiation) and demand injunctive relief and damages (not typically remedies for material breach sounds more like repudiation).

In essence WVU has repudiated their contract obligations with their statements (and this lawsuit).
By doing so the Big XII has committed a civil infraction of their own (tortious interference). If the Big East lawyers (which I pray come from G-town and not Rhode Island) are worth half their salt they'd join the Big XII into this suit and counter sue for fundamental breach of contract with asking for injunctive relief from WVU and damages from Big XII.