Revamped Big East

I hope they get sued every which way. They are arrogant to be in a league and live by their rules until they see some better offer. I hope they get their butts hammered.......... 
 
 
Big East files countersuit against West Virginia

MORGANTOWN, W.Va. (AP) -- The Big East has filed a breach-of-contract lawsuit against West Virginia, four days after the university sued the conference in a bid to make a quick exit for the Big 12.

The conference said the lawsuit was filed Friday in Rhode Island Superior Court seeking unspecified damages along with an order requiring West Virginia to stay put for 27 months in compliance with Big East bylaws.

A spokesman for West Virginia didn't immediately respond to a request for comment.

West Virginia accepted an invitation from the Big 12 last week and wants to join for the 2012 season. The university filed a lawsuit Monday in Monongalia County Circuit Court. It seeks to declare the Big East bylaws invalid.
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Every BE school should sue WV now and keep them court for the next 2 years!!
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Agreed...
 
It would appear that there is a lawsuit brought in the state courts of West Virginia by UWV and another in the state courts of Rhode Island by the BE. So who has superior jurisdiction? UWV brought it in WV because it wanted home field advantage. I would have brought the lawsuit in the Federal District Court serving Rhode Island and sought an injunction and removal of the WV state court action to the Federal District Court serving RI based upon diversity. The BE bylaws should have provided that any lawsuits involving the members and the BE can only be brought in the Federal District Court serving RI, thereby cementing their right to have home court advantage. 
 
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If my memory serves me, a defendant may not remove a state action when the plaintiff is a state or state entity. For that reason I believe that it is not be a given that the west virginia action will be moved from State Court to a Federal Court since the University of west virginia is a state entity.

Perhaps someone that regularly practices in Federal Court can comment on whether the hillbilly lawsuit can be moved from State Court to Fedeal Court for diversity or whether my memory regarding the above exception is correct.

Thanks.
 
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If my memory serves me, a defendant may not remove a state action when the plaintiff is a state or state entity. For that reason I believe that it is not be a given that the west virginia action will be moved from State Court to a Federal Court since the University of west virginia is a state entity.

Perhaps someone that regularly practices in Federal Court can comment on whether the hillbilly lawsuit can be moved from State Court to Fedeal Court for diversity or whether my memory regarding the above exception is correct.

Thanks.
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Do the ByLaws state where disputes are to be heard? If so, where? Did WV agree to those dispute terms? What is the appeal process? federal court? 
 
Otis
Your point is well taken; however, several of the other universities that are members of the BE are state entities of different states. As it now stands there are two state court actions. Out of the two states that currently entertain jurisdiction which one ultimately will have sole jurisdiction?  Perhaps the universities should have been named plaintiffs in a derivative action on behalf of the BE. I'm not even sure that the BE is an entity. Is it a partnership, or a corporation or just a joint venture? This will be an interesting lawsuit to follow. However, I believe that this suit belongs in a Federal court, not a state court.
 
If the BE by laws don't place original jurisdiction in the backyard of the Big East Conference with all members waiving jurisdictional challenges, then the lawyer who drafted the by laws committed malpractice. 
 
It is interesting to  note that WVA gave notice that it is leaving june 30 2012 -- if they must give 27 month notice then I would also argue that the notice itself is defective and they must re-serve the notice. Failing to do so I would argue would push the effective withdrawal date back even futher. Then maybe they could squeeze another 10 million out of these weasels to allow them to leave in 2014
 
I think the WVa notice will be deemed effective whether they said they wanted to leave in 2012 or whenever. The Notice is the Notice and the BE should be able to hold them to the mandatory minimum "notice period" of 27 months, but no longer. 

I hate Francesa but he had a good point, what type of lesson is WVa teaching its students and student/athletes....."when you sign a contract, make a commitment, it means NOTHING, just tear up the contract and walk away heading straight to the money, the law, equity and fairness be damned."

Whatever you say about about Pitt and Syracuse (and I hate Syracuse for leaving!!!!) they didn't sue to get out of the 27 months, at least not yet, I guess they may have been hoping one of the other Football Schools did their dirty work for them.

Does anyone know what the precedent is with a team suing its Conference for the right to leave early, it must have happened before.

I guess the chance is there to settle for another big payment in exchange for letting them go. We cannot do that here!
 
 Understand that keeping the BEast together for the 27 month period is not just a matter of principal but also a matter of dollars and cents.

The BEast television contracts with ESPN and others run through the 2013 academic year. Without mighty west virginia, pitts, and Syracuse the payments under the contracts could be reduced or perhaps terminated by the network.
 
I think the WVa notice will be deemed effective whether they said they wanted to leave in 2012 or whenever. The Notice is the Notice and the BE should be able to hold them to the mandatory minimum "notice period" of 27 months, but no longer. 

I hate Francesa but he had a good point, what type of lesson is WVa teaching its students and student/athletes....."when you sign a contract, make a commitment, it means NOTHING, just tear up the contract and walk away heading straight to the money, the law, equity and fairness be damned."

Whatever you say about about Pitt and Syracuse (and I hate Syracuse for leaving!!!!) they didn't sue to get out of the 27 months, at least not yet, I guess they may have been hoping one of the other Football Schools did their dirty work for them.

Does anyone know what the precedent is with a team suing its Conference for the right to leave early, it must have happened before.

I guess the chance is there to settle for another big payment in exchange for letting them go. We cannot do that here!
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I cannot find any case where a court had to decide when a school could break a contract and leave their conference.
Even if new schools could join in 2012, why allow any member to breach their contract??? THAT, would be the precedent!!!
The BE could easily accommodate 11 or 12 members so the numbers of BE football members is irrelevant.
As far as a settlement, the financial damages to the Big East are much larger than $5 million once decreased TV revenue are factored in and actual damages are assessed. The WV attorneys now have to deal with two suits and the costs associated with them, and bad publicity for the school, make me think they may quietly withdraw their suit.
As far as the WV argument vis-a-vis low level competition in the Big East, the Big East attorneys need ask one question: please provide the court with your results against Syracuse and Louisville, for the RECORD! LOL!
 
 More likely BYU:

http://brett-mcmurphy.blogs.cbssports.com/mcc/blogs/entry/29532522/33174921
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If that happens and BYU is football school #12, the question is does the BE (a) look to add Memphis and Temple for both sports, thus bringing football to 14 and also upgrading the league's basketball profile (as opposed to NOT adding Memphis and Temple); (b) look to add 2 basketball-only schools or (c) stand pat.

IMHO standing pat is not good enough from a hoops standpoint. Adding Memphis and Temple would seem to be a no-brainer. Both want to come, you still have 2 open spots if the league ever wants to go to 16 (ND and Nova?) and you need to do something to improve the basketball side since none of the incoming teams are remotely in the neighborhood of Pitt, WVU and Syracuse.

If they decide to go basketball only they then need to think really big and go after Gonzaga and Butler.
 
BYU OUT!!!!!
Next target SDSU !! :lol: :lol:
This could be a problem for those that want to keep it all together.

 http://espn.go.com/college-football/story/_/id/7271078/byu-ends-negotiations-not-join-big-east-according-report
 
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