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Thread: Raid the Big 12

  1. #11

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    Quote Originally Posted by VTGolfer View Post
    No it doesn't. There is no way that holds up in court. None.
    Why? Consider WVU, who applied for membership with full knowledge of the GOR provision, or so I believe. I'm not sure how they could make an argument similar to Maryland or FSU: WVU walked into those provisions, whereas UMd and FSU could argue they were forced into accepting terms with the alternative being loss of conference membership.

  2. #12

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    Quote Originally Posted by Hokie CPA View Post
    Cuz it's a FOUR team playoff?
    Right, soon to be eight. Five autos with three at-large. Do you REALLY think the SEC wants there to be no at-large bids wwhne they are adding MORE members?

  3. #13

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    Quote Originally Posted by mainaman View Post
    which is the 5th? ACC is not , I am sorry but we are weak, and will remain such. Only way perception changes is a National Championship.
    The two teams right now that are best poised for success are Clemson and FSU. They can't seem to be able to go undefeated, until they, or someone else does, we are the odd man out.
    You really have to put some MAJOR blinders on to think the ACC is in a weaker position LONG TERM than the Big 12

  4. #14
    Hokie CPA's Avatar
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    Quote Originally Posted by Buy These! View Post
    You really have to put some MAJOR blinders on to think the ACC is in a weaker position LONG TERM than the Big 12
    I agree that, without grabbing up FSU and Clemson, the Big XII will eventually break up with Pac-X expansion. If the Pac decides to go to 16, it will be with Big XII members. However as long as the Pac 12 is happy with 12, the Big XII is plenty stable and will continue to cream the ACC.
    *.*.*.*.*.*.*.*.*.*.*.*.*.*.*.*.*.*.*.*.*.*.*.*.*. *.*.*.*.*.*

    I just wish we would STOP with the zone blocking read option crap and line up in the I, put a hat on a hat and run the tailback behind the fullback through a designated gosh-danged hole. There is NO REASON why this program shouldn't be able to find 5 fat guys who can move some people out of the way and clear a lane for a back to get through!

  5. #15

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    Quote Originally Posted by lawhokie View Post
    Why? Consider WVU, who applied for membership with full knowledge of the GOR provision, or so I believe. I'm not sure how they could make an argument similar to Maryland or FSU: WVU walked into those provisions, whereas UMd and FSU could argue they were forced into accepting terms with the alternative being loss of conference membership.
    Because 12 years is clearly punitive. If it was 2 years or 3 years, I'd agree.
    I don't think the similar B1G provision would stand up either. In both cases I suspect they would be reduced.

  6. #16

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    There are deals with much longer terms, like real estate, IP licensing...

    Quote Originally Posted by VTGolfer View Post
    Because 12 years is clearly punitive. If it was 2 years or 3 years, I'd agree.
    I don't think the similar B1G provision would stand up either. In both cases I suspect they would be reduced.
    ... there is a presumption that sophisticated parties should be allowed freedom of contract. I would be interested in whether the exiting school still earns a distribution from the B12-held rights. In that case, how could a school argue the terms are punitive?

    The fundamental difference between a GOR and an exit fee is that the B12 can argue that they built certain product into their business plan, similar to a lessee who intended to use real estate for a specific purpose. In those cases long term grants are easier for a court to swallow. A payout seems to be a much easier target to be found as punitive.

    Just because people keep repeating the GOR is unenforceable doesn't make it true. I wouldn't underestimate the skill of the B12 lawyers, and I wouldn't confuse enforceability with the threat of litigation expense. I'm sure UT demanded venue somewhere in Texas, and I'd hate to walk into that court, especially if it's OU, and argue that case against the B12.

  7. #17
    Femoyer Hokie's Avatar
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    Quote Originally Posted by Buy These! View Post
    Why again can't there be 5 superconferences?
    Not enough money left over for the 5th to compete. It will be tough enough for the #4 conference after SEC, BIG, and PAC are done cherry picking.

  8. #18
    Edgeman's Avatar
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    Have a feeling that is the Pac-16's future plan. The ACC just needs to survive until that happens...
    "You start a conversation you can't even finish it
    You're talkin' a lot, but you're not sayin' anything
    When I have nothing to say, my lips are sealed
    Say something once, why say it again?"
    - David Byrne

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