T
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Sovereign immunity? Estoppel works well here
The state related entity (FSU here) entered into a series of contracts with the apparent authority to do so.
The entity operates for a decade under these contracts and collects substantial payments under those deals.
A decade later....the entity is unhappy and raises a sovereign immunity defense. Courts usually say "too late", you are estopped from raising that defense so late in the game.
Now, the ACC was crazy not to get an express waiver of sovereign immunity in the documents, but I don't think immunity is really at play here.
(How can anyone ever contract with a state entity if the entity can enjoy the benefits of the deal until they decide to unilaterally pull the plug and argue the contract is now unenforceable due to immunity and the lack of capacity to enter into the deal in the first place ??)
** Edited by TerryD at 4/23/2024, 1:40:03 PM
Thread Replies (27)
Florida Attorney General Ashley Moody considering action in FSU's ongoing
-- WBGV
Apr 23, 2024 at 12:15 PM ET
WBGV
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04/23/24 12:15 PM ET
Barring success in the courts the FL AG
-- Vippie1
Apr 23, 2024 at 04:54 PM ET
Vippie1
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04/23/24 04:54 PM ET
Sovereign immunity? Estoppel works well here
◄
-- TerryD
Apr 23, 2024 at 01:38 PM ET
TerryD
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04/23/24 01:38 PM ET
I'm sure the B1G is salivating to get involved with FSU
-- mrcaniac
Apr 23, 2024 at 03:21 PM ET
mrcaniac
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04/23/24 03:21 PM ET
Since FSU was hoodwinked into unlawful contract against their will
-- Hokie Bird
Apr 23, 2024 at 02:52 PM ET
Hokie Bird
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04/23/24 02:52 PM ET
Did all the schools know about ESPN's option to cancel early? This is the
-- TDVick
Apr 26, 2024 at 01:52 PM ET
TDVick
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04/26/24 01:52 PM ET
Good stuff, we're back to does ESPN want to renew the contract w/ the ACC?
-- Stech
Apr 23, 2024 at 02:00 PM ET
Stech
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04/23/24 02:00 PM ET
Because then the damages are MUCH LESS. You can't amortize the damages
-- TDVick
Apr 26, 2024 at 01:59 PM ET
TDVick
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04/26/24 01:59 PM ET
ESPN doesn't want any of the terms of the contract out
-- mrcaniac
Apr 23, 2024 at 10:53 PM ET
mrcaniac
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04/23/24 10:53 PM ET
At a minimum, there will be a reluctance to accept these clauses in the
-- TDVick
Apr 26, 2024 at 02:01 PM ET
TDVick
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04/26/24 02:01 PM ET
Makes sense & I can see why ESPN is so angry about it, goes beyond ACC.
-- Stech
Apr 24, 2024 at 08:31 AM ET
Stech
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04/24/24 08:31 AM ET
Not disappointed, I trust anyone that that says I don’t know, as long as
-- Stech
Apr 23, 2024 at 07:52 PM ET
Stech
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04/23/24 07:52 PM ET
Interesting choice of states
-- Marooned
Apr 23, 2024 at 01:14 PM ET
Marooned
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04/23/24 01:14 PM ET
She wrote to AGs in states that have public universities in the ACC
-- LeadingEdge
Apr 23, 2024 at 10:24 PM ET
LeadingEdge
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04/23/24 10:24 PM ET
On Pitt, if they receive state money aren’t they bound by the state? UVA
-- Stech
Apr 24, 2024 at 08:53 AM ET
Stech
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04/24/24 08:53 AM ET
Very interesting! California? Pennsylvania? Georgia? Kentucky? Only 2 Mag 7
-- Stech
Apr 23, 2024 at 01:33 PM ET
Stech
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04/23/24 01:33 PM ET
Basically admitting they need other schools/states to jump in, this is big,
-- Stech
Apr 23, 2024 at 12:46 PM ET
Stech
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04/23/24 12:46 PM ET
There will be hellish political backlash against ESPN. FL wants to napalm
-- TDVick
Apr 26, 2024 at 02:08 PM ET
TDVick
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04/26/24 02:08 PM ET
also they need more content, they may lose some games of NBA
-- DMV Gobbler
Apr 23, 2024 at 06:21 PM ET
DMV Gobbler
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04/23/24 06:21 PM ET
I for one, would appreciate ESPN promoting the NBA far less than
-- Big12 guy
Apr 23, 2024 at 06:24 PM ET
Big12 guy
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04/23/24 06:24 PM ET
ESPN will be just fine no matter what happens
-- HokieAl
Apr 23, 2024 at 01:42 PM ET
HokieAl
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04/23/24 01:42 PM ET
"There is no realignment scenario where ESPN loses." Huh?
-- 33laszlo99
Apr 23, 2024 at 02:36 PM ET
33laszlo99
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04/23/24 02:36 PM ET
I agree they will be alright, but the question is, what is "best" for them?
-- Stech
Apr 23, 2024 at 01:53 PM ET
Stech
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04/23/24 01:53 PM ET
This is just the next step......
-- 2hhoop3
Apr 23, 2024 at 01:25 PM ET
2hhoop3
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04/23/24 01:25 PM ET