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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
Posted: 04/23/2024 at 01:38 PM ET
(In response to this post by WBGV)

Thread Replies (27)

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Florida Attorney General Ashley Moody considering action in FSU's ongoing
WBGV 04/23/24 12:15 PM ET
Barring success in the courts the FL AG
Vippie1 04/23/24 04:54 PM ET
Is that a pun? **
VTinSC 04/24/24 05:28 PM ET
Sovereign immunity? Estoppel works well here
TerryD 04/23/24 01:38 PM ET
I'm sure the B1G is salivating to get involved with FSU
mrcaniac 04/23/24 03:21 PM ET
Since FSU was hoodwinked into unlawful contract against their will
Hokie Bird 04/23/24 02:52 PM ET
Did all the schools know about ESPN's option to cancel early? This is the
TDVick 04/26/24 01:52 PM ET
Good stuff, we're back to does ESPN want to renew the contract w/ the ACC?
Stech 04/23/24 02:00 PM ET
Because then the damages are MUCH LESS. You can't amortize the damages
TDVick 04/26/24 01:59 PM ET
ESPN doesn't want any of the terms of the contract out
mrcaniac 04/23/24 10:53 PM ET
At a minimum, there will be a reluctance to accept these clauses in the
TDVick 04/26/24 02:01 PM ET
Makes sense & I can see why ESPN is so angry about it, goes beyond ACC.
Stech 04/24/24 08:31 AM ET
Vandy is needed by the SEC
mrcaniac 04/24/24 01:00 PM ET
That makes a lot of sense too, **
Stech 04/24/24 01:25 PM ET
Hate to disappoint you
TerryD 04/23/24 05:28 PM ET
Not disappointed, I trust anyone that that says I don’t know, as long as
Stech 04/23/24 07:52 PM ET
Interesting choice of states
Marooned 04/23/24 01:14 PM ET
She wrote to AGs in states that have public universities in the ACC
LeadingEdge 04/23/24 10:24 PM ET
On Pitt, if they receive state money aren’t they bound by the state? UVA
Stech 04/24/24 08:53 AM ET
Very interesting! California? Pennsylvania? Georgia? Kentucky? Only 2 Mag 7
Stech 04/23/24 01:33 PM ET
Basically admitting they need other schools/states to jump in, this is big,
Stech 04/23/24 12:46 PM ET
There will be hellish political backlash against ESPN. FL wants to napalm
TDVick 04/26/24 02:08 PM ET
also they need more content, they may lose some games of NBA
DMV Gobbler 04/23/24 06:21 PM ET
I for one, would appreciate ESPN promoting the NBA far less than
Big12 guy 04/23/24 06:24 PM ET
ESPN will be just fine no matter what happens
HokieAl 04/23/24 01:42 PM ET
"There is no realignment scenario where ESPN loses." Huh?
33laszlo99 04/23/24 02:36 PM ET
I agree they will be alright, but the question is, what is "best" for them?
Stech 04/23/24 01:53 PM ET
This is just the next step......
2hhoop3 04/23/24 01:25 PM ET