A dozen states are asking the North Carolina Supreme Court docket to dismiss the ACC’s lawsuit towards Florida State.
In a quick dated Thursday and obtained by The Athletic, the attorneys common of these 12 states mentioned the case must be thrown out as a result of Florida State by no means agreed to be sued outdoors of Florida.
It’s the newest 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 towards one another in March.
This week’s argument facilities on sovereign immunity. That’s the idea that usually shields state entities (like public colleges) 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 is predicated in North Carolina. If the ACC is appropriate, its lawsuits towards 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 Court docket. Their residence states and 10 others mentioned FSU by no means gave a “clear and unequivocal” waiver to permit it to be sued outdoors of Florida. The identical common arguments might apply to the ACC’s lawsuit towards 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 appropriate, 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 usually dominated within the colleges’ favor.
In April, Florida lawyer common Ashley Moody despatched a letter to the attorneys common of six different states with ACC public colleges 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 school 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 might discover that the sword that they now wield can be turned on them.”
Barring a settlement, tons of of hundreds of thousands of {dollars} cling within the steadiness on this ongoing litigation. If Florida State and Clemson personal the media rights to their future residence video games, they might be capable to go away for one more league by paying an exit charge of solely about $165 million. If the rights belong to the ACC by means of 2036, it will likely be just about unimaginable 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 Huge Ten.
In a separate submitting this week, the ACC requested an appellate court docket to boost two procedural inquiries to the Florida Supreme Court docket because it fights the swimsuit filed by FSU.
(Picture of FSU’s Ja’Khi Douglas and Brock Glenn: Melina Myers / Imagn Photographs)
