Scandal Emerging

 If this could be proven, I would think the BIG EAST could blow the ESPN empire out of the water. I am not a lawyer, but I know a ton of our posters are and they would know much better than I. WOW!!!!!
 
More than 50 years ago, Frank McGuire left St. John's to help shift the balance of power in college basketball from the Northeast to the south.

Whether it be football dollars or ESPN dollars, the Big East - the dominant league in college basketball - is crumbling. Even as the Big East scrambles to add football schools, every Big East school with a football presence is also looking at their escape options. Even Villanova has their eyes wide open, with President Peter Donohue simultaneously expressing support for the Big East but also epxressing that Villanova will act in their own best interest.

The basketball only schools, St. John's among them, can do little more than sit and watch this unfold. At the end of the process, they will be left with reduced revenue from smaller TV contracts reflective of a watered down league, Big East or otherwise.

The competitive nature of baseball was essentially destroyed by free agency, dividing the league into big and small market teams. In a surprising permutation, league alignments driven by football revenue will render basketball only schools as "small market". There will still be the possibility of great teams by basketball only schools, but they will no longer compete in elite leagues. The TV contracts they will garner will likely be far less, further separaitng the "haves" from the "have nots".
 
Sue their balls off. 
 

Could they actually sue? And if so, what would they sue for?

If the story is true, it is definitely shady....but I don't see it as being illegal.
 

You do not see colusion to destroy a conference a legal issue? There are billions of $$ involved here! If true, the integrity of the ACC and ESPN will be forever stained. I think you will see the ACC go very silent on future expansion as a result of this and some college presidents may have to think twice now or be viewed as being manipulated by media conglomerates rather than being viewed as educational leaders. Schools with half billion $$ in endowments should not need to prostitute themselves to ESPN, ABC or any other outside manipulators for $10 million per year.
 
Sue their balls off. 
 

Could they actually sue? And if so, what would they sue for?

If the story is true, it is definitely shady....but I don't see it as being illegal.
 

Tortious interference with contractual relations.

Since you asked.
 
Tortious interference with contractual relations.

Since you asked.
 

Where the tort? What contract is being breached?
 

You are the attorney in the family here I respect your legal opinion and have some questions:
Would the current Big East contract with ESPN or fellow member schools have articles protecting its member schools from third party manipulations to deliberatley damage the brand value? If proved, couldn't damages be assessed based upon the deminished value of the brand?
Did not Pitt and Uconn join in a suit against BC for similar circumstances?
Is it safe to say any negotiations with ESPN are dead in the water pending legal challenges?
 
Sue their balls off. 
 

Could they actually sue? And if so, what would they sue for?

If the story is true, it is definitely shady....but I don't see it as being illegal.
 

Tortious interference with contractual relations.

Since you asked.
 

My understanding of that is that ESPN supposedly convinced Pitt and Syracuse to go to the ACC, which would cause them to breach their contract with the Big East by not being able to fulfill any future obligations towards the BE. And I totally believe that that is wrong.

However, if Pitt and Syracuse actually did breach their contract with the Big East, would that breach be exonerated because they paid an exit fee/penalty? Since they did pay the fee, which was accepted by the Big East, would that more or less void/end their contract, eliminating any further obligations by the two schools?
 
My understanding of that is that ESPN supposedly convinced Pitt and Syracuse to go to the ACC, which would cause them to breach their contract with the Big East by not being able to fulfill any future obligations towards the BE. And I totally believe that that is wrong.

However, if Pitt and Syracuse actually did breach their contract with the Big East, would that breach be exonerated because they paid an exit fee/penalty? Since they did pay the fee, which was accepted by the Big East, would that more or less void/end their contract, eliminating any further obligations by the two schools?
 

"Pursuant to the Constitution of the BIG EAST Conference, a member may withdraw from the Conference by providing written notice of withdrawal to each of the other members and the Commissioner at least 27 months in advance of the start of the Conference Year for which the withdrawal shall be effective."

If they have a contractual right to withdraw, exercising that right isn't breach of contract. They just pay the 5 million, which is akin to liquidated damages. Once they withdraw, they have no "future obligations," since the contract is extinguished. I don't see how ESPN convincing the ACC to ask Pitt to exercise its contractual right is actionable.
 
[quote="fun" post=4369
"Pursuant to the Constitution of the BIG EAST Conference, a member may withdraw from the Conference by providing written notice of withdrawal to each of the other members and the Commissioner at least 27 months in advance of the start of the Conference Year for which the withdrawal shall be effective."

If they have a contractual right to withdraw, exercising that right isn't breach of contract. They just pay the 5 million, which is akin to liquidated damages. Once they withdraw, they have no "future obligations," since the contract is extinguished. I don't see how ESPN convincing the ACC to ask Pitt to exercise its contractual right is actionable.[/quote] 

Agreed counsellor.
 
As an attorney, I've often been called a clown---but this is the first time that I've seen an actual clown giving [sound] legal advice. :lol: I join in fun's opinion as to a breach of contract action against the member schools. Whether there might be some kind of tampering cause of action against ESPN is another matter.
 
Very sound arguments being placed here - but our entire court system allows litigants to pursue legal action if there is a shred of corruption. I would agree with all those opinions put forth that ESPN likely did nothing illegal by counseling Pitt and Syracuse that their financial futures would be considerably brighter by migrating to the ACC.

Related to other posts when the attorneys have to put their professional opinions on sports blogs, that sport starts to suck. The business of professional college sports masquerading as intercollegiate athletics is just that - big business.
 
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