FSU draws first blood against the ACC
Judge just ruled that jurisdiction resides in Florida in their case because the ACC conducts business in Florida.
Doesn't matter that the ACC HQs is in North Carolina.
The Judge spoke to both parties for nearly half-an-hour about his desire for them to enter into mediation and resolve the matter ...... as he ultimately believes a negotiated settlement is likely how this matter is resolved. The FSU side spoke about their need for non-redacted ESPN agreements to be provided for their client. The ACC, who said they are not against mediation when the judge at one point said that he thought he had read that they were, said they are working to provide a form of the ESPN agreements that will satisfy all parties.
31 Replies
2y
They know what they signed up for. Make them pay every cent owed.
(In response to this post by AirborneHokie96)
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mjfhokie
2y
Almost all contracts have a clause (often on the front page) defining what jurisdiction any disagreements or issues requiring legal intervention will be held in. I would be very surprised if the lawyers drawing up the contracts for the ACC (both with ESPN and with the league and GOR signatories) didn't tie it down to a NC court. Is jurisdiction missing from the documents?
(In response to this post by AirborneHokie96)
2y
Their position, is they have no jurisdiction for a NC business, therefore, we just ignore your proceedings, and all Fla state assets and projected revenue frozen.
Im being a little sarcastic, but for legal minds, if 2 state judicial systems have totally different findings, how does that get resolved?
(In response to this post by AirborneHokie96)
2y
First state that decides wins lol
(In response to this post by AirborneHokie96)
2y
Media deal that the ACC has with ESPN - I would have thought that a member institution would be privy to that kind of information.
Equally as wild here is that the ACC is going to such great lengths to keep it under wraps and away from the prying eyes of FSUs lawyers - I wonder if there isn’t some inherent weakness in that contract.
(In response to this post by AirborneHokie96)
2y
ESPN and the ACC don't want copies of it floating around the internet, so the ACC has any school that wants to view it come to the HQ and view it there.
(In response to this post by HydrogenHokie)
it's like the 5000 unreleased JFK assassination documents
There's a reason they haven't been released, and they won't be until everyone who could be hanged is dead imho
(In response to this post by HydrogenHokie)
2y
(In response to this post by MrBayAreaHokie)
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RJHokie
2y
(In response to this post by MrBayAreaHokie)
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daveinop
2y
most of the significant private landowners in Florida also don't want it released.
Florida State gov protects a lot of private information so people will participate in their incentive programs...which are worth billions. If you give away ESPN's trade secrets, you also open up the businesses of the Lykes, Harrises, Griffins, LDS church, major timber companies, etc.
(In response to this post by HydrogenHokie)
2y
The member institutions (not the greater public) would be read into that contract given its ramifications for them financially.
I mean presumably these institutions singed away their media Grant of Rights and they did so without seeing the whole media contract the ACC had with ESPN? That may indeed be common practice, but still pretty wild.
(In response to this post by daveinop)
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daveinop
2y
1) FSU having no copy of the ESPN contract in hand and
2) having never seen the contract, ever
The current issue isn't whether they can review the contract; it's whether they can have it and release it. They can go to where it is housed and read, read, read. That isn't what FSU wants; theirs is not a battle on the merits; it is a PR war to generate public support to pay whatever it is they'll need to pay.
Also recall that at the time the contract was signed, the ACC already had been under contract with ESPN; including one with look-ins. All of the ADs at the time were familiar with how it worked.
This is not an exceptional circumstance; none of the conference TV contracts are public...not the SEC; not the B1G; not the Big12. Anyone who leaks one will go broke paying damages. We know what Yormark said about the Big 12 deal, but we've never seen it.
The ACC told the judge today they are working on the redactions to the contract necessary for the parties to have enough to use in potential negotiation without violating their contractual agreement with ESPN regarding release. We'll see if they are successful.
FWIW, I'd love to see the contract. I even Sunshined FSU for it a few years ago. So I knew they didn't have it (and I posted that here) and their counsel knew they didn't have it, long before they entered into the current soap opera.
(In response to this post by HydrogenHokie)
2y
... more holes in it than Swiss Cheese. It will be redacted to uselessness.
(In response to this post by daveinop)
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RJHokie
2y
Flunky State can mouth off about it, but without a copy of the authentic signed document it’s all heresay. And you’re probably correct that the fool who releases it will take a financial hit that might make Guliani’s judgments look like chump change.
(In response to this post by daveinop)
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daveinop
2y
(In response to this post by SpeakToDamien)
2y
... of their salary when they play a game in that city?
(In response to this post by daveinop)
2y
advertisers in the State of Florida.
Not just about the ACC and FSU but all of the ACC's activities in Florida to include U of Miami...
(In response to this post by daveinop)
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2hhoop3
2y
with 0 being a pin prick and 10 being a decapitation or massive main artery wound how would you rate that blood draw?
(In response to this post by AirborneHokie96)
2y
the ACC 100% knew from the get-go it was going to lose this argument. It was merely a delay tactic, and, to that end, it pretty much succeeded.
Just stop and think about it for a second - no matter how creative you get, it's completely asinine to try and argue that the ACC does no business in the state of Florida, and is therefore outside the jurisdictional reach of Florida state courts. Basically, you could buy a steak dinner at the Outback on Osceola Parkway in Kissimmee tonight, and the Florida state courts would then have jurisdiction over you.
** Edited by Baltimore_Hokie at 6/19/2024, 12:07:42 PM
(In response to this post by 2hhoop3)
2y
The legal arguments by the FSU make some really compelling arguments that the ACC conducts business in the State of Florida through their involvement not only in the co-production of content with the schools but also through bowl participation and media/advertising contracts.
I think that was pretty big.
(In response to this post by 2hhoop3)
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2hhoop3
2y
for reply. I did not see it as hugely significant given the ability to appeal, the homecourt advantage and the judge's leanings to try and compel mediation. I would have put it probably somewhere between a 1 and 2.
(In response to this post by AirborneHokie96)
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daveinop
2y
Judge would have had a real problem from the Gov's mansion had he ruled otherwise.
(In response to this post by 2hhoop3)