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  • cafemerald
    started a topic WVU Files Lawsuit Against the Big East

    WVU Files Lawsuit Against the Big East

    Can't say I disagree that Marinatto is a terrible Commish.

    West Virginia filed a civil lawsuit against the Big East on Monday in an attempt to exit the conference in 2012 to join the Big 12, squarely blaming commissioner John Marinatto for the instability of the conference.

    In the 14-page suit filed in Monongalia County Circuit Court in West Virginia, the university claims it should not be held to the 27-month waiting period required of all departing teams. West Virginia alleges, "The Big East Conference and its commissioner, through their actions, breached their contract to WVU and nullified and voided the bylaws."

    The reason the Big East breached its contract? West Virginia alleges that nothing was done to protect the remaining six football playing schools once Pitt, Syracuse and TCU left. That created such instability, that the lawsuit alleges Cincinnati, Rutgers and UConn engaged in discussions with the ACC, SEC, Big 12 and Big Ten.


    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.

    "We are disappointed that West Virginia has adopted this strategy and cannot imagine why it believes it does not have to respect and honor the bylaws it agreed to as a member of the Big East," Marinatto said in a statement Monday. "Based on an initial review of the lawsuit, it is clear that the allegations and claims in it are false and inaccurate.

    "Certainly there is nothing in it that would justify WVU's not fulfilling its obligations. To put it simply, a contract is a contract."

    West Virginia also believes the Big East will lose its position as an automatic BCS-qualifying conference.

    West Virginia also alleges, "The denigration of the Big East Conference is a direct and proximate result of ineffective leadership and breach of fiduciary duties to the football schools by the Big East Conference and its commissioner."

    The school is asking for a court injunction to declare the current 27-month waiting period void or count the $2.5 million payment the conference already received from the school as a way to waive the waiting period. West Virginia also is seeking damages for the breach of contract.

    Marinatto has said West Virginia is not eligible to join the Big 12 until July 1, 2014.

    "Once we have reviewed the filing, we will explore all our legal options and will act vigorously to ensure that WVU lives up to all its obligations to our conference," Marinatto said. "In the meantime, this lawsuit will not interfere in any way with our ongoing efforts to strengthen and expand the Big East."

    WVU spokesman John Bolt declined to elaborate, saying "the lawsuit speaks for itself."

    The league has been adamant about holding Pitt, Syracuse and West Virginia to the waiting period.

    When the Big 12 announced it had accepted West Virginia as a member last week, both the conference and school said the Mountaineers would be full members in 2012.

    The lawsuit is the latest development in a flurry of conference realignment activity this fall. Syracuse and Pittsburgh withdrew from the Big East in September to join the Atlantic Coast Conference.

    TCU accepted an invitation to join the Big East in September but switched to the Big 12 in October and was not required to honor the 27-month notice requirement.

    "That's basically because they never started with the Big East," Big East spokesman Chuck Sullivan said of the Horned Frogs. "Because they had not formally joined the conference, which would have been July 1, 2012, they were subject only to the financial component."
    http://espn.go.com/college-sports/st...john-marinatto

  • Big Herm
    replied
    Here's the report at a larger media outlet:

    http://espn.go.com/college-football/...nce-withdrawal

    Leave a comment:


  • cpawstoney
    replied
    Rutgers could play football home and home with Syracuse if West Virginia bolts for Big 12 immediately
    http://www.nj.com/rutgersfootball/in...otball_ho.html


    Big East, WVU near $20 million settlement
    http://http://brett-mcmurphy.blogs.c...32522/34757696
    The $20 million settlement figure is believed to be contingent on the Big East being able to get a replacement for West Virginia in 2012 and certainly could increase if it had to play with only seven members in 2012. It’s unknown if that $20 million figure includes the $5 million West Virginia paid upon notifying the Big East last October it was bolting to the Big 12.

    Leave a comment:


  • swilsonsp4
    replied
    The End of the BE-WVU Saga May Be Near

    The settlement reportedly is nearing completion, allowing the Mountaineers to leave early. There are some interesting facets of the following article, with WV trying to get an incoming BE member to break their contract with their old conference to join this summer. That most likely would allow for the Mounties to save some jack in their settlement.

    There's also a squirrelly idea of Rutgers and Cuse playing two games, if they can't come up with opponents.

    http://cincinnati.com/blogs/sports/2...0m-settlement/

    Leave a comment:


  • Binturong05
    replied
    Originally posted by cmm27 View Post
    That seems to be the destination for this case. Though it would be the end destination anyway, because no matter what a lower court would rule the losing part would apeal immediately to a higher court. Expect this not to end any time soon.
    Rhode Island judge orders parties into non-bonding arbitration.

    http://sports.yahoo.com/top/news;_yl...t-westvirginia

    Keep in mind the operative word here is non-binding, so it appears cmm27 is probably correct, whatever happens at the nogotiating table this could drag on for much longer.

    The sad thing in my opinion is the RI judge did not move forward with this sooner. Maybe he was out on Christmas break but it would have been nice to have the option for UC to fill WVU's role in the Orange Bowl and the Big East football teams sans WVU to split the bowl money.

    Leave a comment:


  • Bearcat Otto
    replied
    Schools would never receive any of that settlement money.

    It would stay in the Big East coffers.

    Leave a comment:


  • nachoman91
    replied
    Wouldn't the Big East be better served with a nice large settlement and just let WVU go? Say $15mil. The 5 remaining schools each get two shares and the basketball schools get one share. UC gets $2mil and that can go a long way for UC. And with the team WVU is returning next year I'm not sure I want to even play them, especially being at Morgantown.

    Leave a comment:


  • cpawstoney
    replied
    Big East vs WVU Update 1.9.2012

    A West Virginia official said the university has not yet asked out of its 2012-13 football series with Florida State, but has told the Atlantic Coast Conference school it is an option.

    The root of the issue is WVU's conference affiliation for 2012. The Mountaineers believe they'll be in the Big 12. The Big East believes it will still have WVU as a member.
    http://www.dailymail.com/Sports/201201080102

    WVU is on the clock with the Big 12 and it's ticking rapidly. Meanwhile, time is the Big East's ally. The longer these court battles drag on, the less chance WVU will be able to join the Big 12 in 2012.
    http://www.herald-dispatch.com/sport...m-set-in-stone

    "The administration is thinking all the time about our move and next steps and lawsuits and all that,"(Athletic Director, Oliver) Luck said. "At this point, my focus is certainly on the Big 12.
    http://www.timesunion.com/sports/art...12-2443548.php

    Leave a comment:


  • swilsonsp4
    replied
    Originally posted by Helicopter View Post
    The only takeaway from this should be that WVU will play in the B12 unless a huge number comes out of Provo and they balk.
    You threw me there for a minute. I wasn't sure what BYU had to do with this, until I realized you're referring to Providence.

    Leave a comment:


  • Helicopter
    replied
    Here is why it is an odd situation. The "contract" they are fighting over is a little amorphous and is really just a set of bylaws. Most contracts have arbitration clauses to settle this issue before hand. Absent that most contracts deal with goods and there is a set of rules to determine what is acceptable venue in the absence of a contract clause.

    This is probably really exciting for an injunction lawyer because its relatively new ground (and high stakes).

    The only takeaway from this should be that WVU will play in the B12 unless a huge number comes out of Provo and they balk.

    Leave a comment:


  • Helicopter
    replied
    Originally posted by swilsonsp4 View Post
    Who would determine the damages? It seems unlikely that the Morgantown judge would assess anything beyond the 10M. If the Providence judge hands down a competing order, would this then head to Federal court? If so, how long would this process likely take? (I realize, based on the above, that we'd be talking solely about money at that point.)
    They will determine venue before judgment because of the full faith and credit clause of the constitution.

    Might take years and would likely not go to judgement but result in a settlement barring all other claims.

    Leave a comment:


  • Pruke
    replied
    What's bizarre and makes this all somewhat unique is that there really is no Win Wn negotiation available. They won't be happy back in the BE, having them fork over loads of cash as penalties, does not help the BEast outside of establishing a precedent that would discourage future members (us included) from leaving - just a crappy situation and one I wish we were not still here to fight through.

    Leave a comment:


  • cpawstoney
    replied
    Big East asks for preliminary injunction to keep WVU in conference - December 19th

    The Big East has asked a Rhode Island judge for a preliminary injunction ordering West Virginia to stay in the conference according to the 27-month waiting period as dictated in the conference’s bylaws.
    http://collegefootballtalk.nbcsports...in-conference/

    Injunction Filed by Big East
    https://docs.google.com/viewer?a=v&p...hl=en_US&pli=1

    West Virginia: Big East to court: Make Mountaineers play
    http://www.post-gazette.com/pg/11354/1198056-144.stm

    Leave a comment:


  • swilsonsp4
    replied
    Originally posted by Helicopter View Post
    If both demurrers are dismissed and the case is "in limbo" then WVU will play in the Big 12 next year. It comes down to damages at this point.

    You can't make Frank sing, you can't make WVU play ball in the Big East.
    Who would determine the damages? It seems unlikely that the Morgantown judge would assess anything beyond the 10M. If the Providence judge hands down a competing order, would this then head to Federal court? If so, how long would this process likely take? (I realize, based on the above, that we'd be talking solely about money at that point.)

    Leave a comment:


  • Helicopter
    replied
    Originally posted by swilsonsp4 View Post
    No surprise here. The Morgantown judge denied the BE's request to dismiss WV's suit. I'm sure the Providence judge will do likewise in regard to WV's motion, sending this situation further into limbo. I'm not a legal mind. For anyone who can answer, is this headed for a Federal court because of the conflicting state interests (given that it's not settled between the parties)?

    http://www.wvgazette.com/Sports/201112190161
    If both demurrers are dismissed and the case is "in limbo" then WVU will play in the Big 12 next year. It comes down to damages at this point.

    You can't make Frank sing, you can't make WVU play ball in the Big East.

    Leave a comment:

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