A dozen states are asking the North Carolina Supreme Courtroom to dismiss the ACC’s lawsuit in opposition to Florida State.
In a quick dated Thursday and obtained by The Athletic, the attorneys basic of these 12 states stated the case ought to be thrown out as a result of Florida State by no means agreed to be sued exterior of Florida.
It’s the most recent step in a months-long, nine-figure, multi-state authorized battle that may assist form the way forward for convention realignment. It began in December, when Florida State and the ACC sued one another in regards to the possession of TV rights and income for future Seminoles residence video games if/when FSU leaves the ACC. Clemson and the ACC filed dueling lawsuits in opposition to one another in March.
This week’s argument facilities on sovereign immunity. That’s the idea that typically shields state entities (like public faculties) from being sued in different states. The ACC contends Florida State and Clemson waived that proper by becoming a member of and remaining within the convention, which relies in North Carolina. If the ACC is right, its lawsuits in opposition to Florida State and Clemson can proceed within the convention’s residence courts in North Carolina — courts that, thus far, have made favorable rulings for the league.
FSU and Clemson disagree and have appealed separate rulings to the North Carolina Supreme Courtroom. Their residence states and 10 others stated FSU by no means gave a “clear and unequivocal” waiver to permit it to be sued exterior of Florida. The identical basic arguments might apply to the ACC’s lawsuit in opposition to Clemson.
Kentucky is the one different state with a public ACC faculty (Louisville) that signed on. The opposite 9 states are: Alabama, Arkansas, Idaho, Louisiana, Mississippi, Ohio, Oklahoma, South Dakota and Utah. If their facet is right, the lawsuits will proceed solely within the residence courts for Florida State (Leon County, Fla.) and Clemson (Pickens County, S.C.). Their residence courts have typically dominated within the faculties’ favor.
In April, Florida legal professional basic Ashley Moody despatched a letter to the attorneys basic of six different states with ACC public faculties asking them to contemplate involvement as a result of the convention’s stance on sovereign immunity is “detrimental to all of our states.”
“If the historical past of faculty soccer realignment has taught us something at this level, it’s that there can be some future realignment down the street,” Moody wrote then. “The colleges which have ratified such an expansive view of the waiver of sovereign immunity within the ACC Lawsuit could discover that the sword that they now wield can be turned on them.”
Barring a settlement, a whole lot of tens of millions of {dollars} grasp within the steadiness on this ongoing litigation. If Florida State and Clemson personal the media rights to their future residence video games, they’d be capable of go away for one more league by paying an exit charge of solely about $165 million. If the rights belong to the ACC via 2036, it is going to be just about not possible for the faculties to affix one other convention till then. FSU and Clemson are involved in regards to the rising media rights income hole between the ACC and different leagues such because the SEC and the Massive Ten.
In a separate submitting this week, the ACC requested an appellate courtroom to lift two procedural inquiries to the Florida Supreme Courtroom because it fights the swimsuit filed by FSU.
(Picture of FSU’s Ja’Khi Douglas and Brock Glenn: Melina Myers / Imagn Pictures)
