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CrystalCoveHokie
Joined: 01/01/2005
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Nope….

Commerce Clause gives Congress the ability to regulate interstate commerce. It does not independently provide federal courts with a basis for jurisdiction. Practically speaking there needs to be either diversity jurisdiction which requires all parties on one side of the action to be citizens of states different from those on the other side of the action. The ACC contends that it is a citizen of all states where the member schools are based. As far as I can tell CU and FSU have not challenged this. Further, there is a 30 day time to move the case to Federal court which is long gone. There is also Federal Question jurisdiction when the action arises questions of Federal law. I’m not aware of any of the parties making this argument nor does it seem to apply. There are lots of nuances but at this point, I don’t see how this ends up in federal court.
Posted: 07/11/2024 at 11:15 AM ET
(In response to this post by VTHokie2000)

Thread Replies (26)

Full Thread →
NC Judge denies Clemson motion to stay case must continue in NC**
jdkhokie 07/10/24 02:50 PM ET
I don’t understand the drama. What am I missing?
VT ChemE 1986 07/11/24 09:45 AM ET
I don't believe the actual Grant of Rights Agreement cites any state as the
VTHokie2000 07/11/24 10:39 AM ET
If the GOR is defined in a contract it would be legal malpractice
VT ChemE 1986 07/11/24 11:43 AM ET
Isn't it that the media contract is between ESPN and the ACC, not the
VTCALS72 07/11/24 12:48 PM ET
It is unlikely the GoR was clearly defined in the contract between the ACC
VTHokie2000 07/11/24 12:11 PM ET
This is the only copy I’ve seen. Signed by UNC. No forum selection clause
CrystalCoveHokie 07/11/24 11:56 AM ET
This looks like an addendum. As such it should be attached to the
VT ChemE 1986 07/11/24 12:12 PM ET
Here is the extension to 2036…
CrystalCoveHokie 07/11/24 12:38 PM ET
This just keeps getting weirder and weirder....**
VT ChemE 1986 07/11/24 01:39 PM ET
Welcome to the ACC. The gift that keeps on giving. :-)**
VTHokie2000 07/11/24 01:53 PM ET
Eh...not that surprised by the ruling. Then again, I thought this case was
VTHokie2000 07/10/24 07:25 PM ET
That's not how it works. This isn't a federal case.
SpeakToDamien 07/10/24 11:01 PM ET
It will eventually end up there. Too many states and schools affected
VTCALS72 07/11/24 08:37 AM ET
Charge F$U $2B to leave now!
EDGEMAN 07/11/24 10:25 AM ET
So if
VTCALS72 07/11/24 12:59 PM ET
Would that be fair if VT was the one suing?**
Big12 guy 07/12/24 07:01 AM ET
The GOR is what the GOR is and I think it is a valid
VTCALS72 07/12/24 08:43 AM ET
If either school can make a compelling argument that the Commerce Clause
VTHokie2000 07/11/24 01:31 AM ET
Nope….
CrystalCoveHokie 07/11/24 11:15 AM ET
I have a ruling in Nevada that Utah does not feel compelled to follow…..
CrystalCoveHokie 07/10/24 11:26 PM ET
Full faith and credit clause **
SpeakToDamien 07/11/24 10:12 AM ET
No final judgment**
CrystalCoveHokie 07/11/24 10:54 AM ET
My litigation partners tell me if NC rules first, Florida will honor it**
SpeakToDamien 07/11/24 11:00 AM ET
Perhaps….But that seems to me to be more of a matter of discretion….
CrystalCoveHokie 07/11/24 11:34 AM ET
I'm def not a litigator .... I do think it needs to final, unappeable.**
SpeakToDamien 07/11/24 08:22 PM ET
If someone finds the ruling posted as a freestanding PDF, please link. TIA**
LeadingEdge 07/10/24 05:26 PM ET