He’s not invited to the tailgate.
FSU to the B1G
- Thread starter fsu1jreed
- Start date
LOL.
We’ll let you know. In the meantime you can continue trolling us and maybe you’ll reach a point where you can add some substance to the conversation.
Can @Moral draw us?
Oh honey I’m not gonna be mean and exclusionary.
After you leave the booth I’ll be in a GREAT mood, won’t I??
- Sep 13, 2002
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Only if he draws me like one of his French girls.
I don’t know about that…believe they serve as a good reminder to lay off the alcohol while pregnant.
"BOOM: Fatal Flaw in the ACC Complaint! 🤯Second big issue that has been highlighted by the Motion to Dismiss filed by Florida State in North Carolina is Sovereign Immunity. The third and fourth claim by the Board of Trustees is that the FSU Board did not waive it's sovereign immunity AND the BOT never approved the Grant of Rights as required by Florida Law."
"Where I think there is a stretch, that I have not been able to find support for so far (doesn't mean it doesn't exist, I just haven't found it) is the idea that the waiver of Sovereign Immunity only extends to the boundaries of the State of Florida. Meaning outside of Florida, sovereign immunity is still in play, preventing suit. I'll keep looking. WHAT IS important here and at play is the fourth allegation, that the ACC failed to establish that the FSU BOT approved the grant of rights..."
"And the most important line here is the last four words..."as REQUIRED by Florida law." In general, lawyers try not to say things in written pleading unless they are true (or they are mistaken about something). So I went and searched for this "required by law" language, and BOOM!!!! There it is...Direct from the Florida Statutes, 1001.72"
"This is important because the sovereign immunity waiver only applies if: 1) there is a written contract and 2) there is a breach of that written contract. So here, the ACC has two problems. PROBLEM 1: If the law prohibited the President from acting as the contracting party, then there is no contract. A review of the BOT minutes will have to be obtained (Discovery!!!) to see if at any point the BOT authorized the president to execute the contract on behalf of the BOT. PROBLEM 2: by seeking a declaratory judgement action, NO BREACH HAS OCCURRED YET! Therefore Sovereign immunity remains in place. A declaratory judgement action, you will recall from our first videos, is a ruling from the court in ANTICIPATION of a breach occurring. Based on these two threads, I do believe the NC judge will be well within the law to dismiss the ACC's Complaint and Amended Complaint for Declaratory Judgement. Whether the judge will or will not is another story. The ACC still has time to file a Brief in Response, and likely will. We will analyze that when available."
Rohan Law on Double Fries podcast
FSU vs ACC: Legal EXPERT Says FATAL FLAW in ACC's Complaint
"Actually, a great question that keeps coming up. And I am sure their lawyers will argue that. My take FWIW:
The ACC filed suit before we did. To have this GOR declared valid. We are responding to it and stating facts. They brought it up so guess what? Fair is fair.
Violations have occurred since the GOR initially anyway that we are aware of now. Including unilateral options and self dealing. Words in a contract are living and active and both parties have a duty to perform theirs to the others benefit. A breach of fiduciary duty (one of the things FSU is suing for) is always a cause of action in that instance.
Florida State performed their obligations under the contract. The ACC did not. As shown by the fact that even ESPN isn’t going to be bound by that contract much longer unless they exercise their option and a million other things as well - all alleged in our complaint.
Final point - the law is the law. This wasn’t passed properly according to Florida law and once we realize our damages and are aware we are entitled to sue."
The ACC filed suit before we did. To have this GOR declared valid. We are responding to it and stating facts. They brought it up so guess what? Fair is fair.
Violations have occurred since the GOR initially anyway that we are aware of now. Including unilateral options and self dealing. Words in a contract are living and active and both parties have a duty to perform theirs to the others benefit. A breach of fiduciary duty (one of the things FSU is suing for) is always a cause of action in that instance.
Florida State performed their obligations under the contract. The ACC did not. As shown by the fact that even ESPN isn’t going to be bound by that contract much longer unless they exercise their option and a million other things as well - all alleged in our complaint.
Final point - the law is the law. This wasn’t passed properly according to Florida law and once we realize our damages and are aware we are entitled to sue."
"Strongest arguments on the FSU MTD to me.
Preemptive lawsuit filed by the ACC (before we filed ours) problematic for two reasons:
Their duty is to represent their member institutions. Anything material requires a vote of those institutions according to their own bylaws. They did not get it nor provide notice to the members. Translation: I don’t get to sign you up for a lawsuit that you’re gonna have to help pay for without abiding by the bylaws and you taking a vote.
This also triggers another aspect. Sovereign immunity unless we have waived sovereign immunity. You can waive it in a contract. Twist here though - we didn’t.
Additionally, the lawsuit the ACC filed in North Carolina is to have the GOR declared valid. They are using our former president’s signature as proof that we agreed to it. Fun facts: the board of trustees (BOT) never voted on it or they haven’t shown proof we did. Translation: there is no contract between the ACC and our BOT. And the BOT, per Florida law, IS the contracting agent for the university. They would have to approve it. Which means their lawsuit in NC is invalid. As you can see from the very caption to the complaints they are suing our BOT and we are suing them in that name.
So the ACC failed twice to make sure votes were taken properly: their own lawsuit (getting member approval) and citing the GOR against us which we didn’t vote on either."
Preemptive lawsuit filed by the ACC (before we filed ours) problematic for two reasons:
Their duty is to represent their member institutions. Anything material requires a vote of those institutions according to their own bylaws. They did not get it nor provide notice to the members. Translation: I don’t get to sign you up for a lawsuit that you’re gonna have to help pay for without abiding by the bylaws and you taking a vote.
This also triggers another aspect. Sovereign immunity unless we have waived sovereign immunity. You can waive it in a contract. Twist here though - we didn’t.
Additionally, the lawsuit the ACC filed in North Carolina is to have the GOR declared valid. They are using our former president’s signature as proof that we agreed to it. Fun facts: the board of trustees (BOT) never voted on it or they haven’t shown proof we did. Translation: there is no contract between the ACC and our BOT. And the BOT, per Florida law, IS the contracting agent for the university. They would have to approve it. Which means their lawsuit in NC is invalid. As you can see from the very caption to the complaints they are suing our BOT and we are suing them in that name.
So the ACC failed twice to make sure votes were taken properly: their own lawsuit (getting member approval) and citing the GOR against us which we didn’t vote on either."
Damn, Goldie! You're hot tonight.
By "everyone" I wasn't talking about "me"....
I was talking about FSU and the ACC and the ACC member schools. These lawyer moves aren't cheap.
I have no idea. Why are you asking me?
We haven’t played them since BB’s last game in the 2009 Gator Bowl?
My friend was asking so he could get a photo with you at the tailgate
Finally, back to the important topic. 
I can't / won't keep up with this, so I'm going to need crib notes from here on. What is the consensus right now from FSU fans what is going to happen, not what you want to happen. FSU bar members feedback would be great.
From what I am hearing, the ACC and FSU will reach a settlement for FSU to leave the conference, and the amount will be less than $100 million (which is significantly less than the amount the ACC wants per the GOR). Hopefully, this will happen (and soon).
Noles247 thread. If I have time later today, I will read all the way through and summarize here. If anyone who has a subscription wants to do this, have at it.
247sports.com
ACC files motion to dismiss or, alternatively to stay, in Leon County court on Friday
ACC files motion to dismiss or, alternatively to stay, in Leon County court on Friday
247sports.com
Two lawyers, who are also FSU grads, are providing good analysis on their twitter accounts. There are so many moving parts with this case that it isn’t easy to keep up with all of it.
Danielle - currently in the media in Tallahassee but according to 247 posters, she was in corporate law and had some big wins against evil corporations. Her father was one of Bobby Bowden’s FHP bodyguards
Rohan - Atlanta lawyer who does defense and other legal work. Will admit that this case isn’t his area of specialty
Danielle - currently in the media in Tallahassee but according to 247 posters, she was in corporate law and had some big wins against evil corporations. Her father was one of Bobby Bowden’s FHP bodyguards
Rohan - Atlanta lawyer who does defense and other legal work. Will admit that this case isn’t his area of specialty
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