WVU Files Lawsuit Against the Big East

[Big Herm]

Here's the report at a larger media outlet:

http://espn.go.com/college-football/story/_/id/7561213/report-west-virginia-mountaineers-big-east-agree-settlement-ends-battle-conference-withdrawal

[cpawstoney]

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.cbssports.com/mcc/blogs/entry/29532522/34757696

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.

[swilsonsp4]

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/2012/02/08/report-big-east-wvu-near-20m-settlement/

[Binturong05]

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;_ylt=AjAJIbnnxtv9ELMlx60_EvbevbYF?slug=ap-bigeast-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.

[Bearcat Otto]

Schools would never receive any of that settlement money.

It would stay in the Big East coffers.

[nachoman91]

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.

[cpawstoney]

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/sports/x1883873770/WVU-exit-to-Big-12-far-from-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/article/Will-it-be-Big-East-or-Big-12-for-WVU-in-2012-2443548.php

[swilsonsp4]

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.

[Helicopter]

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.

[Helicopter]

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.

[Pruke]

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.

[cpawstoney]

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.com/2011/12/19/big-east-asks-for-preliminary-injunction-to-keep-wvu-in-conference/

Injunction Filed by Big East

https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=1bEn--8QoqIpKxkFYZZkGDaTEGRWmll-Fgwq1ttHujYbQA17eFy50saiN88gh&hl=en_US&pli=1

West Virginia: Big East to court: Make Mountaineers play

http://www.post-gazette.com/pg/11354/1198056-144.stm

[swilsonsp4]

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.)

[Helicopter]

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.

[swilsonsp4]

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.

The longer, the better. It would keep Luck & Co. behind the 8-ball as far as scheduling and other preparations are concerned, as well as putting their 2012 plans in jeopardy.