North Carolina judge dismissed ACC's breach of fiduciary duty claim...but
.....the Judge also denied FSU's Motion to Dismiss the entire case in North Carolina.
(4 of 5 ACC claims against FSU survive)
He also denied FSU's Motion to Stay Proceedings in North Carolina. The NC case will rumble forward slowly towards trial.
(The Judge held that the contracts were confected in North Carolina and are governed by NC law)
From the Judge's decision to deny FSU's motion to dismiss:
"The Court concludes that a North Carolina court has 'a local interest in resolving the controversy' that exceeds the local interest of the Florida courts."
** Edited by TerryD at 4/4/2024, 1:54:23 PM
26 Replies
L
lawhokie
2y
(In response to this post by TerryD)
W
Wolskiii
2y
(In response to this post by TerryD)
2y
The state of NC (and Virginia) has some of the leading law universities in the nation. whereas, Florida, you get the law degree from publix)
(In response to this post by Wolskiii)
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VPI 1924
2y
Magnificent store wish they were in Arizona
(In response to this post by DMV Gobbler)
2y
(In response to this post by VPI 1924)
2y
and every Floridian raves about their pub subs.
(In response to this post by VPI 1924)
2y
run...starting to do well in Richmond.
(In response to this post by mrcaniac)
2y
Made me miss the Ukrops that was in Roanoke.
(In response to this post by Tuckahokie)
2y
The contracts were confected in North Carolina and governed by North Carolina law.
NC is where the case should be tried.
(In response to this post by Wolskiii)
FSU YouTubers gonna be BIG MAD tonight.
I really don't care if FSU wins or not. But heads are exploding in Tallahassee. They are emotionally invested to the hilt.
Thanks TerryD for the update.
(In response to this post by TerryD)
S
Stech
2y
(In response to this post by TerryD)
2y
OK. Now explain this to me like I'm a five year old.
(In response to this post by TerryD)
2y
The ACC batted 4 for 5 today.
Four claims survived a Motion to Dismiss.
The North Carolina case will stay alive and stay in North Carolina.
Next up is the Florida court.....my guess is that it will pause that case and let North Carolina decide things.
(In response to this post by Millpoint)
2y
Home cooking Florida judge was their best shot and the NC judge isn't buying (yet) any of the procedural arguments regarding approval of the litigation and perhaps approval of the ESPN extension.
Even more uphill for FSU now. They aren't going anywhere.
(In response to this post by Millpoint)
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VTCALS72
2y
(In response to this post by SpeakToDamien)
2y
cases.
(In response to this post by SpeakToDamien)
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VTCALS72
2y
It seemed the ACC has only asked the courts to confirm the GOR is valid and enforceable and really very little against FSU. The one charge the ACC filed was thrown out. On the other hand FSU has leveled a lot of specific complaints against the ACC. IMHO the Florida charges will have to wait until the validity of the GOR is settled. If the courts say the GOR is not valid and enforceable then FSU will withdraw the Fla lawsuit because they just want out and no GOR, they are gone. If the GOR is upheld then FSU can have at it in Fla with the charges of the league not properly taking care of them, fraud and all that other stuff.
(In response to this post by SpeakToDamien)
2y
(In response to this post by VTCALS72)
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VTCALS72
2y
They are not the same thing. 1 is GOR and the other is fraud or whatever.
(In response to this post by SpeakToDamien)