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No FSU or Clemson for now. Boo.

I wasn’t wild about Miami but if FSU and Clemson to the SEC is reality, that’s the next best choice to gain a foothold in Florida.

It would be a weird scenario where SEC takes FSU/Clemson BIG takes ... VT / UNC / PITT / UL ? or some version of that and Miami gets left out. I would find that hilarious. Im not so sure that a foothold in Florida makes sense. The cost to travel to Miami would likely outweigh the benefit. But if BIG said screw it, we do a full expansion into the South and the BIG pulls in FSU / Clemson / Miami / GT?/VT? , could be interesting. But it makes me happy that FSU is back up and likely pushing vs worried about whats next for them and kind of an afterthought (aka NCState and a couple others).

Im with @ELCHawk , it's all so fascinating to watch. What has the BIG leadership decided the next step will be, a conference that is north south, east and west. Screw it, become the largest in count and footprint.... That makes the most sense. Does the SEC just decide, we can survive on titles powered by hillbillies (clearly working).

I don't care which, both will benefit FSU. But it would but an extra pep in my step if Miami gets left behind and ends up in a second tier ACC and STILL can't win a Conference title. I just don't think they are as attractive as they think they are.
 
Any FSU people hearing this? I don't post on CF, but they have had a very nice realignment thread. Today a poster said that at 4:30 that Clemson, FSU, UNC, NC St, VA, and VA Tech were currently meeting with lawyers.

I could not find anything on Twitter or The Athletic. Since I sm not a member I can't ask him. Have any Seminoles heard anything?
 
Any FSU people hearing this? I don't post on CF, but they have had a very nice realignment thread. Today a poster said that at 4:30 that Clemson, FSU, UNC, NC St, VA, and VA Tech were currently meeting with lawyers.

I could not find anything on Twitter or The Athletic. Since I sm not a member I can't ask him. Have any Seminoles heard anything?
I have not heard anything specific, but I imagine every ACC team is. What they are discussing remains the mystery on most teams. I imagine FSU and Clemson are meeting to discuss ways out. Not so sure that is the case with NC State or others.
 
I have also heard that Fox/Big 10 doesn't want Virginia but are interested in Virginia Tech.
 
Makes sense in my book. VT has at least had some success in football.


UVA brings an amazing academic program, and high quality basketball, decent baseball and mid-pac football. Really makes you wonder what ratio for "points" they are using on who to consider. VT seems a decent fit in the SEC but B12 definitely needs to add more clout in big time football.

Where NCState ends up is a big question for me as well. Also wonder if the ACC would consider getting some of the BigEast and make football and afterthought depending on who leaves (crazy talk, but what if...).
 
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UVA brings an amazing academic program, and high quality basketball, decent baseball and mid-pac football. Really makes you wonder what ratio for "points" they are using on who to consider. VT seems a decent fit in the SEC but B12 definitely needs to add more clout in big time football.

Where NCState ends up is a big question for me as well. Also wonder if the ACC would consider getting some of the BigEast and make football and afterthought depending on who leaves (crazy talk, but what if...).
VT couldn’t lure Shane Beamer back. That’s a pretty big whiff for a school that’s serious about football. Then they locked themselves into Brent Pry, of all people.
 
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Any FSU people hearing this? I don't post on CF, but they have had a very nice realignment thread. Today a poster said that at 4:30 that Clemson, FSU, UNC, NC St, VA, and VA Tech were currently meeting with lawyers.

I could not find anything on Twitter or The Athletic. Since I sm not a member I can't ask him. Have any Seminoles heard anything?

There’s nothing on Noles247. I think there is a lot of horse trading going on between ESPN, Fox Sports and the P2 conferences to decide where FSU and Clemson land. As was pointed out by a B12 writer a few weeks ago, the people involved probably don’t know what the outcome will be until it’s finalized.
 
I’m an attorney who does a lot of contract work (I’m not solely a contract attorney, I do lots of corporate, employment, labor and administrative law work as well which sounds like a lot of the same things but are all completely different) And if what I read online truly is the original agreement and subsequent addendum then I’m 99% positive we can relatively easily break the GOR through a number of ways. (Any attorney who says 100% is lying because I’ve seen crazy results due to terrible judges and/or juries). If I was in Charge (and I’m not) I would simply break the lease and 1) argue fraudulent inducement over their ACC Network promises which did not occur within a reasonable time nor at anywhere near the payout they promised, 2) fraud in the factum as we believed we were signing a simple extension of the tv deals and not signing a mass suicide pact keeping us unable to leave the ACC when there is already a separately proscribed and calculated compensatory damages clause for leaving, and 3) as a state entity we can claim sovereign immunity under the state constitution and ignore any damages they try to collect.

Having said that, what’s going on now is that BSPiN is trying anything and everything to keep FSU under its branding including offering up a free spot in the SEC versus a potentially paid exit to the Big and even making a huge push to secure Notre Lame to try to keep the ACC intact.
If the GOR can "easily" be broken it would have been done by now.
 
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You are full of it. If the GOR can "easily" be broken it would have been done by now.

I just explained in non-legalese how it is easily defeated as a weapon against FSU. Other universities may not have sovereign immunity (for example Miami doesn’t) so they would have to go only with the fraudulent inducement route. But even then, any competent contract attorney could point out a myriad of ways in which ESPN and Swofford lied to induce FSU in (like selling the third party rights to ESPN but having a back door deal where it went to Swofford’s son’s tv chain for pennies on the dollar). Once you have sufficient evidence to show a fraudulent Inducement then just file a legal complaint and notify the ACC you are treating it as an invalid contract and leave. Sure it will be hung up in court for a couple of years but in the meantime either the ACC crumbles or you negotiate a much smaller buyout.
 
At some point, the ACC better realize that forcing FSU, Clemson, and a few others to stay will ultimately result in complete destruction of the conference.

They’d really be better off letting us out and replacing us with Cal and Stanford. Instead, we’re going to block any attempts at expanding, publicly degrade the conference and payouts, and destabilize the conference. The are going to force us to blow it up from the inside which, by all appearances, FSU is willing to do.

Should be fun to watch.
 
At some point, the ACC better realize that forcing FSU, Clemson, and a few others to stay will ultimately result in complete destruction of the conference.

They’d really be better off letting us out and replacing us with Cal and Stanford. Instead, we’re going to block any attempts at expanding, publicly degrade the conference and payouts, and destabilize the conference. The are going to force us to blow it up from the inside which, by all appearances, FSU is willing to do.

Should be fun to watch.
Good post
 
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I just explained in non-legalese how it is easily defeated as a weapon against FSU. Other universities may not have sovereign immunity (for example Miami doesn’t) so they would have to go only with the fraudulent inducement route. But even then, any competent contract attorney could point out a myriad of ways in which ESPN and Swofford lied to induce FSU in (like selling the third party rights to ESPN but having a back door deal where it went to Swofford’s son’s tv chain for pennies on the dollar). Once you have sufficient evidence to show a fraudulent Inducement then just file a legal complaint and notify the ACC you are treating it as an invalid contract and leave. Sure it will be hung up in court for a couple of years but in the meantime either the ACC crumbles or you negotiate a much smaller buyout.
Again.....if it is so easy to get out of the GOR, it would have been done by now.

Funny how you are so much smarter than all the other lawyers out there. I guess there aren't any "competent" contract attorneys.
 
Bummer. I wanted some ACC schools to the Big Ten. As a Big Ten fan I wanted Clemson and Florida State. But as an Iowa fan, those two plus Oregon, Washington, and USC scares the hell out of me.
FSU needs the Big 10 more than the Big 10 needs FSU, plus they are not an AAU member.
 


Looks like it is over for this year. Personally I think they wanted a SEC offer and they weren't given one. 🤷

Not sure if Big Ten did either.
 


Looks like it is over for this year. Personally I think they wanted a SEC offer and they weren't given one. 🤷

Not sure if Big Ten did either.
I think it is public posturing to try to get ESPN to work with SEC and Clemson and FSU to not let them go to BIG. ESPN holds the cards on the GOR penalty and can use that to sweeten the pot for a SEC bid. No worry of a legal battle. Just an exit fee.

If that is the case not and a deal is now being brokered with SEC value adding FSU and Clemson, not sure the 8-15 deadline matters. CBS would be involved too. ESPNs best financial move would be to keep Clemson and FSU on their network by helping them counter the BIG PAC 12 raid and then try to shore up ACC with two replacement teams so their ACC contract and network don’t go up in smoke. Should be interesting to see, but I am very sure FSU is not going to be in the ACC much longer, despite no board meeting. Personally, still hoping for a BIG miracle
 
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Again.....if it is so easy to get out of the GOR, it would have been done by now.

Funny how you are so much smarter than all the other lawyers out there. I guess there aren't any "competent" contract attorneys.

No it wouldn’t smartass, you have to have a place to go first. FSU has been looking at everything from joining the Big Ten and SEC, to going independent to even creating an all new conference. That takes time, money and willing partners you naive summer child.
 
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No it wouldn’t smartass, you have to have a place to go first. FSU has been looking at everything from joining the Big Ten and SEC, to going independent to even creating an all new conference. That takes time, money and willing partners you naive summer child.
Speaking of naive.......
 
Again.....if it is so easy to get out of the GOR, it would have been done by now.

Funny how you are so much smarter than all the other lawyers out there. I guess there aren't any "competent" contract attorneys.
It’s not easy, but the GOR isn’t bulletproof. If we chose to leave we would need to work out damages. Sovereign immunity doesn’t apply to contracts in Florida.
 
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It’s not easy, but the GOR isn’t bulletproof. If we chose to leave we would need to work out damages. Sovereign immunity doesn’t apply to contracts in Florida.

Sovereign immunity doesn‘t apply to breach of contract but it does apply to almost everything else. I’m not worried about breach of contract because as I mentioned before I think we have an easy out because of the many fraudulent inducements. So there’s no breach of contract because it’s an “illegal contract” that wasn’t properly formed because of ESPN and Swofford‘s lies and conspiracy.

Where it matters is that breach of contract wouldn’t be the ACC’s only claims against FSU. They would have (probably valid) claims for tortious interference with the ACC contracts and other teams ie trying to bring Clemson and UNC with us, unjust enrichment for any payments from the ACC that could be construed as payments for future seasons, and a whole laundry list of tort theory that a good plaintiff’s attorney could dream up. THAT’s where sovereign immunity matters and makes it capable of breaching the GOR. It’s a 1-2 punch. Fraudulent inducement breaks the contract and sovereign immunity swats away all of the torts surrounding the broken contract.
 
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Sovereign immunity doesn‘t apply to breach of contract but it does apply to almost everything else. I’m not worried about breach of contract because as I mentioned before I think we have an easy out because of the many fraudulent inducements. So there’s no breach of contract because it’s an “illegal contract” that wasn’t properly formed because of ESPN and Swofford‘s lies and conspiracy.

Where it matters is that breach of contract wouldn’t be the ACC’s only claims against FSU. They would have (probably valid) claims for tortious interference with the ACC contracts and other teams ie trying to bring Clemson and UNC with us, unjust enrichment for any payments from the ACC that could be construed as payments for future seasons, and a whole laundry list of tort theory that a good plaintiff’s attorney could dream up. THAT’s where sovereign immunity matters and makes it capable of breaching the GOR. It’s a 1-2 punch. Fraudulent inducement breaks the contract and sovereign immunity swats away all of the torts surrounding the broken contract.
Fraudulent or negligent misrepresentation? Fraud is hard to prove, and it would be a pretty high hurdle to say FSU wearing its lawyered up big boy pants had the wool pulled over its eyes.
 
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Fraudulent or negligent misrepresentation? Fraud is hard to prove, and it would be a pretty high hurdle to say FSU wearing its lawyered up big boy pants had the wool pulled over its eyes.

Either would work to let FSU walk away from the contract ie contract rescission, but I would definitely raise fraud Considering ESPN and Swofford were in cahoots to give his son ACC content for next to nothing. Frankly I might even raise civil theft as a charge against the ACC and ESPN and go for triple damages in the state. Everything I’ve read and heard said FSU was blatantly lied to at a time when we were one step from joining the Big 12 back when it had Texas and Oklahoma.
 
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Oh the rollercoaster of emotions is back! But now it's in both directions at once as no mention of FSU... (if we screwed the pooch on this, more reason to fire foks).



giphy.gif
 
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Oh the rollercoaster of emotions is back! But now it's in both directions at once as no mention of FSU... (if we screwed the pooch on this, more reason to fire foks).



giphy.gif

The newspaper article out of South Carolina that came out today and spiked this chatter definitely mentions FSU, and that Clemson believes that a group negotiating together has the leverage to negotiate the GOR. FSU and Clemson (at least) are in it together. North Carolina, Miami and GT also name checked as possibilities.

The only way for FSU to screw this up is to let Clemson go SEC and head off to the B1G with like GT or Virginia or something. I think FSU and Clemson need to be locked at the hip here.
 
Again.....if it is so easy to get out of the GOR, it would have been done by now.

Funny how you are so much smarter than all the other lawyers out there. I guess there aren't any "competent" contract attorneys.
Um…I’m just gonna get the popcorn and watch.
Taking a 76 over an 83…just sayin’…
 
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