ACC Counter-Sues Clemson | UPDATE

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[@gjohnson320]

You guys really need to talk with a lawyer. There’s a reason that the penalty isn’t $1 trillion. That’s illegal, since it has no relation to the actual damage done. That’s what both schools are arguing. An illegal contract is illegal regardless of any signatures. That doesn’t even include the accusations of illegal actions by the ACC after the contract was signed.

[@505premoto]

I watched the first half in utter disbelief, then couldn’t watch anymore. FSU is in a do or die situation. If they stay in the ACC, they face a deficit of $30-40-50m a year to their competitors, the other elite teams. In order to avoid dying a slow death, they must get out of the ACC. Their goal is to force the ACC to the settlement table and negotiate a buyout. A far cry from breaking a contract. After the two parties agree on a figure that both parties can live with, FSU will pay that amount and the ACC will consider the contract complete. This entire matter is nothing more than a business dispute over the value of an asset that will get settled long before it reaches a courtroom.

[@Iamjustavibe]

The level of incompetence on this panel

[@curtisshull898]

You guys have no clue how bad the acc was mismanaged.... john swofford...his son...espn..raycom...I now know the talking heads don't know jack

[@citywideyouthdevelopmentfr253]

These guys are idiots. Their conference negotiated horribly and teams would lose 40 million plus a year being in the conference. How can they be competitive in major college football with this sort of discrepancy?

[@user-ot2in8kc1l]

The contract, in the way it’s written, applies to the games “played” while in the conference {Clemson’s argument) not future games like played in other conferences from 2027-2036.
The NC judge will most likely dismiss without prejudice since the ACC violated its own constitution by not obtaining the 2/3 vote to initiate the lawsuit in December. This will give FSU venue and negate ACCs argument of first filing for venue.
The ESPN contract states that their confidentiality clause is subject to the school’s home state laws. In this case, the Florida Sunshine law negates all ACC claims of FSU breaching the ESPN contract and will cripple the ACCs counter suit in Florida.

[@cooperdeshawn]

ESPN holds all the cards. All ESPN has to do is say that they are not interested in breaking up the contract with the ACC in February of 2025.

[@Doc_Boots]

And yet they don’t do that…. They could do it today if they wanted

[@gustavovz8431]

Lol. Have you guys read or understood the pleadings? OMG. Do you realize there's an area of law dedicated to CONTRACT LAW. Yeeesh....do your homework.

[@robertkauffman8137]

Clemson has not done anything yet. How can they be sued? Crazy.

[@FSU.Seminoles1]

I have yet to make it to the 5 minute mark with any of the subjects covered on this channel. I start out laughing but end up asking myself why I wasted my time with such shallow insight.

[@scotttaranto7870]

You guys really should educate yourselves about the topics you’re presenting before discussing them. 1. Liquidated damages must be reasonable estimates of actual damages by statute. Three times the annual operating budget of the conference is not a reasonable estimate of the actual damages. Therefore it is a penalty, not liquidated damages. Penalties are in violation of the statute in this situation.
2. The contract was breached by the acc long ago when the failed to meet their fiduciary responsibilities to the members (see Swofford and nepotism).
3. The contract should be voided anyway due to fraud on the part of the acc for the purpose of coercing the members to sign in the first place.
4. The acc wants this case in nc because they want to keep their GOR and ESPN contracts secret. Including secret from the member schools who they will nat allow to have a copy. Florida has the strongest sunshine laws in the country. They can’t continue to conceal those documents if they go through discovery in Florida.What are they hiding?
5. Clemson is not challenging the validity of the GOR. They are asking for clarification on the meaning of a clause which they interpret differently than the acc. They are also challenging the 3x operating budget exit fee as illeagle as it is not representative of the conferences actual damages but a penalty. Worth noting that the conference operating budget has ballooned since these deals were signed. At the time they signed 3x operating budget was probably a better representation of actual damages than it is now.
Really, you do yourselves a disservice by not familiarizing yourselves with the issues before discussing a topic.

[@powell4661]

FSU had a choice decades ago of the ACC or the SEC. They choose their path.

[@natlovell122]

Great show guys!

[@davesteller6301]

I'm not a lawyer but I will give some free legal advice: DONT SIGN ANY 20 YEAR DEALS IN COLLEGE SPORTS!

[@jmiller9972]

Exactly