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.
Thread Replies (26)
NC Judge denies Clemson motion to stay case must continue in NC**
-- jdkhokie
Jul 10, 2024 at 02:50 PM ET
jdkhokie
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07/10/24 02:50 PM ET
I don’t understand the drama. What am I missing?
-- VT ChemE 1986
Jul 11, 2024 at 09:45 AM ET
VT ChemE 1986
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07/11/24 09:45 AM ET
I don't believe the actual Grant of Rights Agreement cites any state as the
-- VTHokie2000
Jul 11, 2024 at 10:39 AM ET
VTHokie2000
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07/11/24 10:39 AM ET
If the GOR is defined in a contract it would be legal malpractice
-- VT ChemE 1986
Jul 11, 2024 at 11:43 AM ET
VT ChemE 1986
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07/11/24 11:43 AM ET
Isn't it that the media contract is between ESPN and the ACC, not the
-- VTCALS72
Jul 11, 2024 at 12:48 PM ET
VTCALS72
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07/11/24 12:48 PM ET
It is unlikely the GoR was clearly defined in the contract between the ACC
-- VTHokie2000
Jul 11, 2024 at 12:11 PM ET
VTHokie2000
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07/11/24 12:11 PM ET
This is the only copy I’ve seen. Signed by UNC. No forum selection clause
-- CrystalCoveHokie
Jul 11, 2024 at 11:56 AM ET
CrystalCoveHokie
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07/11/24 11:56 AM ET
This looks like an addendum. As such it should be attached to the
-- VT ChemE 1986
Jul 11, 2024 at 12:12 PM ET
VT ChemE 1986
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07/11/24 12:12 PM ET
Here is the extension to 2036…
-- CrystalCoveHokie
Jul 11, 2024 at 12:38 PM ET
CrystalCoveHokie
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07/11/24 12:38 PM ET
This just keeps getting weirder and weirder....**
-- VT ChemE 1986
Jul 11, 2024 at 01:39 PM ET
VT ChemE 1986
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07/11/24 01:39 PM ET
Welcome to the ACC. The gift that keeps on giving. :-)**
-- VTHokie2000
Jul 11, 2024 at 01:53 PM ET
VTHokie2000
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07/11/24 01:53 PM ET
Eh...not that surprised by the ruling. Then again, I thought this case was
-- VTHokie2000
Jul 10, 2024 at 07:25 PM ET
VTHokie2000
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07/10/24 07:25 PM ET
That's not how it works. This isn't a federal case.
-- SpeakToDamien
Jul 10, 2024 at 11:01 PM ET
SpeakToDamien
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07/10/24 11:01 PM ET
It will eventually end up there. Too many states and schools affected
-- VTCALS72
Jul 11, 2024 at 08:37 AM ET
VTCALS72
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07/11/24 08:37 AM ET
Would that be fair if VT was the one suing?**
-- Big12 guy
Jul 12, 2024 at 07:01 AM ET
Big12 guy
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07/12/24 07:01 AM ET
The GOR is what the GOR is and I think it is a valid
-- VTCALS72
Jul 12, 2024 at 08:43 AM ET
VTCALS72
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07/12/24 08:43 AM ET
If either school can make a compelling argument that the Commerce Clause
-- VTHokie2000
Jul 11, 2024 at 01:31 AM ET
VTHokie2000
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07/11/24 01:31 AM ET
I have a ruling in Nevada that Utah does not feel compelled to follow…..
-- CrystalCoveHokie
Jul 10, 2024 at 11:26 PM ET
CrystalCoveHokie
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07/10/24 11:26 PM ET
Full faith and credit clause **
-- SpeakToDamien
Jul 11, 2024 at 10:12 AM ET
SpeakToDamien
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07/11/24 10:12 AM ET
No final judgment**
-- CrystalCoveHokie
Jul 11, 2024 at 10:54 AM ET
CrystalCoveHokie
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07/11/24 10:54 AM ET
My litigation partners tell me if NC rules first, Florida will honor it**
-- SpeakToDamien
Jul 11, 2024 at 11:00 AM ET
SpeakToDamien
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07/11/24 11:00 AM ET
Perhaps….But that seems to me to be more of a matter of discretion….
-- CrystalCoveHokie
Jul 11, 2024 at 11:34 AM ET
CrystalCoveHokie
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07/11/24 11:34 AM ET
I'm def not a litigator .... I do think it needs to final, unappeable.**
-- SpeakToDamien
Jul 11, 2024 at 08:22 PM ET
SpeakToDamien
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07/11/24 08:22 PM ET
If someone finds the ruling posted as a freestanding PDF, please link. TIA**
-- LeadingEdge
Jul 10, 2024 at 05:26 PM ET
LeadingEdge
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07/10/24 05:26 PM ET