AG Moody Requests Court Action on ESPN Agreement, Mediation is Ordered in the FSU vs. ACC Lawsuit
ฝัง
- เผยแพร่เมื่อ 12 มิ.ย. 2024
- Judge Cooper orders mediation between FSU and the ACC.
AG Moody files a Writ of Mandamus regarding the public records request for the ACC/ESPN media rights agreement.
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I am going to dumb that down a bit: A attorney or group of attorneys that are appointed to Represent the State of Florida; which, Florida State University is physically a part of the State of Florida. The amendment statement is sentence that says, “Florida State University is covered under. Sovereign Immunity with the State of Florida having sole rights”. The ACC should enter good faith negotiations with FSU, because they are in danger of getting nothing $0.00. Florida AG Ashley Moody sent a letter back in early December requesting what she wants the Court now to “Demand the ACC turnover xyz”. I would remind folks that the ACC is not a Governmental Body, it simply cannot go toe 2 toe with the State of Florida”. The ACC must settle on an amount $$$ that other ACC Members will see, since we are in Florida. Clemson will see the template & follow a much smoother path with Florida State University having knocked down the weeds. Others will follow & ESPN at some point will say “we are checking out”.
I hope your right but if it’s that easy could you please explain why the ACC is trying so hard to drag this out and on July 1st , the dusty Azz ACC will have 3 more members to make this even harder , please give more insight please
The ACC actually wants to drag FSU and Clemson past August 15th, so they cannot leave until 2026 at the earliest. Of course the risk is ESPN does NOT extend and Clemson and FSU decide to play 2026 in the ACC, and this the most they have to pay is the $140m exit fee.
@@Almighty5-ww1kl, It’s not been that easy to date. Watching Judge Cooper preside over this case & the multitude of hours in Court: Litigation has dragged on, but the last time in Court FSU kept trying to frame the Complaint using this argument. He could have made a judgement. Instead, he slammed FSU’s filing on his bench said, “Put that into your complaint”, then swiftly ordered 120 days mediation looking at the ACC Attorneys saying “I suggest you take advantage”. Looking at FSU’s Attorneys “I know where you are going amend your complaint. Judge Cooper is a stickler grounded in the law, and he hates any case he made judgement overturned on appeal. This was a gift to the ACC & certainly setting up a Settlement for Florida State University. I am seriously concerned about the vitality of the ACC as a conference existing much longer. ✌🏼
@@Almighty5-ww1kl, ESPN has a clause that if the conference falls below 15 members they can pick up their marbles and leave. Right now 7 schools may vote to kill the ACC & it longer exist. Add 3 more schools & that number goes up.
SURVIVAL. @@Almighty5-ww1kl
Sound is clear but it is very quiet, I had to turn my speaker all the way up. Thanks for the great content as always!
Thx for the comment.
We have addressed the volume issue.
Eventually, a settlement will be reached when all is said and done. Why don't they just go ahead and do it?
You are pronouncing mandamus correctly. 😀 A writ of mandamus is unusual, but is not some super rare exotic thing.
Whether a mandamus is applicable here is a matter of state law, not Fed law.
I do not know FL Sunshine Laws or laws on mandamus, but I would pretty guarantee that is was appropriately filed. The AG of a State would not be totally wrong about basic state legal procedures.
I have no clue who wins, but generally the AG of a state is in a very powerful position when the office is defending state revenues. "The King must be paid the taxes" is a generally good place to start. Her intervention could be very important because it involves taxpayer dollars.
JY and Steve, this one has caused me to do some research. I practiced Petitions for Writs of Prohibition and Mandamus as part of my practice, so I am quite familiar with the procedure. As I listened to your description, I was struck by how different the procedure was sounding. So, I looked up this action on the Florida Attorney General's web site. I was immediately struck by several odd things on the Complaints 1st page. First, the Defendant was the ACC, not Judge Cooperman as I suspected, and not any Florida state official, which was my second guess. By far, the vast majority of such Mandamus actions are filed in Appellate Courts, not Trial Courts, and the ones filed in Trial Courts are filed against jailers, by prisoners, or other state officials usually over some ministerial act.
Now, a little history. Every state has different laws, and every state has different procedures, civil and criminal. The federal courts were somewhat late to the procedure party, but eventually in the 20th Century published the Federal Rules of Civil Procedure. Since that time, almost every state published their own Rules of Civil Procedure, almost every word of which was copied from the Federal Rules. Mandamus is an extraordinary remedy and is usually covered in the state's Appellate Rules, rather than the more general Civil Rules. Florida has chosen to have both Civil and Appellate Rules of Procedure on Mandamus, a fact that I was not familiar with.
From reading the AG's "complaint", she admits the defendant MUST be a State official. See Paragraph 22, Plaintiff's Complaint: "(2) to
the performance of a particular duty; (3) by a government or a representative of the government;
(4) whose performance of that duty is ministerial and not discretionary"
The problem obviously is that the ACC is NOT "a government or representative of a government" and, of course Moody knows that. which is why she never bothered suing the CFP for all those so-called "public records" that she requested. She has other problems as well, but suffice it to say, that the AG should be prepared to litigate this case on appeal and be prepared to defend a claim for attorney's fees, and possibly removal to federal court.
Thank you for the detailed explanation. We are fascinated to see what the judge is going to do with this….
mandamus- mid 16th century: from Latin, literally ‘we command’.
Trade secret- "any language which might hurt the ACC's case".
Judge Dempsey will not be kind to acc if they give the court a highly redacted document. She runs a tight court. There is a 30 day production order. Man day mus is the correct pronunciation.
I love this podcast. The more the case(s) move forward the less I understand. You explain things well and where there's an confounding issue you state that there could be several outcomes or alternatives. Thank you for being unbiased and fair. Keep up the good work and I look forward to your next show.
Thank you for kind words!
Told u guys from the start..AG Moody would get involved. U guys mocked the Sunshine Laws and the FSU fans for telling u guys how important it is in this ordeal. Its okb to mention that yall under estimated the impact of the Sunshine laws.
AG Moody and the state of FL will get what they want n the contract will be opened to the public... even when the ACC settles.
This right here. Fat boy on the right still in denial.
We have brought up the Florida public records laws about 15-20 times in our videos. We stated (multiple times) that other states also have public records laws but what makes Florida unique is how strictly and effectively they have been enforced.
What we poked fun at is the same people asking us over and over again if we knew about Florida’s sunshine laws. Yes - we may have heard that before. It became a meme to us similar to the people trying call you about your car warranty running out.
Steve has stated many times on multiple episodes that he has serious doubts about any agreements in which a public institution in Florida is a party to, being kept secret or confidential for any reason.
We also had Doug Rohan on the program and asked him point blank: can any documents or agreements pertaining to Florida State be kept confidential?
We did multiple episodes talking about the hearings in Leon County and Judge Cooper’s ruling on Florida public records and public meetings laws and how that could affect this case.
It’s probably not possible to talk more about Florida sunshine laws than we have on The Big Mountain.
@TheBigMountainPodcast | gotcha so it's was a mocking of the commenter and not the actual importance and application of the law. Thanks for clarifying that.
@@TheBigMountainPodcastMight I remind you that Florida has well known sunshine laws?
Good work!
Thursday May2
In unison: "Maybe we **are** in a basement"
Guys, blink twice if you're in danger
Lol
That mediation room might be in complete silence if neither side can generate more leverage than we currently see
Indeed.
No point to even meet until July
I disagree with the suggestion that AG Moody is just dipping her toe in the water. She’s working to get the documents quicker. It doesn’t matter if the ACC is a non-governmental entity, they are doing business with the state of Florida. They can attempt to drag this out…… but they can only resist so long. Remember, the state of Florida has the power to refuse the ACC’s ability to conduct business in the state. There’s no business arrangement that would continue if it’s works can’t be performed.
That’s an absolute worst case scenario……and the ACC would never risk that happen. Even if FSU in Miami leave, they’ll want to add a Florida team to their future membership.
Why wait 30 years? FSU waived their rights to the ACC. If I was a neutral judge? I would slam the FSU lawyers and the AG for waiting 30 years to file these claims. I would ask Why were you happy with the ACC for all these years, and now you are not? Is it that you are looking to grab money, and not in the best interests of the school and the state? I would look at the P2 contracts along with the Big 12 and ACC and find that those contracts including the P2 are not in the best interests of the US, and would deemed that the conferences all should have equal revenue including G5 schools, and that they should be more realigned by regions. Not by grabbing schools for money who are not a fit in other regions of the country.
Great show but your volume is low
Thx.
We have corrected this issue moving forward. New tech!
Can't hear this with sound all the way up.
Sorry.
We have addressed the issue.
man
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muhs
The AG's suit read well. Clearly supported by FL statutes and case law.
I fully expect the espn agreement to become public with only redactions for true trade secrets. But I doubt there are any even in there. The terms and payments aren't trade secrets, and Shirley espn wouldn't put some proprietary formula of theirs directly into the contract?
I look forward to all tv contracts from all conferences (maybe not the ivy league and other all private school leagues) becoming public in the not too distant future.
Question: Will FSU's lawsuit and/or "behavior" (as many pro acc media and espn talking heads refer to it), and their attempt to make the tv deal public, sour the Big Ten on FSU?
NO....The B1G has its own issues but fighting against BULLSHIT isn't one of them. ESPiN is NOT doing them any favors so Fox Sports (which BTW SUCKS!) and their fellow cohorts, CommieCast (Archenemy of ESPN) and parent company of NBC along with CBS (We NO longer do business with the SEC either) will be LOVING sticking it to ESPiN/ABC/Disney. Yes, all the execs are Woke as HELL!! But the Woke turn on each other at the slightest hint they will get one over on their own ilk! FSU and Miami are DEFINITELY going to The B1G....the ONLY question is WHO else? and HOW MANY?!
Once that SCAM of a "contract" is exposed....ALL HELL will break loose!! And even though the Big 12 has ESPiN as a Media Partner.....they also have Fox Sports too. So, expect Louisville to get a full-ride and others as well. Probably up to 4 of them. .....BUT....that "full-ride" is really only going to be "replacement" value of what they would have received in the ACC. THE DIFFERENCE for those schools is...The Big 12 is MORE stable and has a longer-life span ahead of it....
.....at least until The B1G decides to go into FULL BEAST (LEAGUE) MODE! If at 24+....you can be sure the SEC will have to play "Keep up with the Jones" so whatever is worthwhile left in the "Expanded and Reconstituted Big 12" will be divided up yet again between the B1G and SEC. So, those that make themselves worthwhile...WIN....those that don't.....enjoy the American or Mountain West or C-USA or Sun Belt.....you deserve to be there anyway!
No because they took Maryland and Maryland made them reveal the old contract.
It’s a good question and there are many potential fallouts from all of this.
At this point, we would say the answer is no. But with every passing day, things are changing.
Doubtful, pretty sure they are communicating under radar
Honestly even as an fsu fan I have no real feelings about or opinions in this move by the AG. Granted I’m not smart enough to understand if or how it can really help (or hurt) FSU’s current position…it seems (to me, who again is admittedly ignorant) that this is almost certainly a political PR move & nothing more🤷🏻♂️
AG wouldn’t put her nose in it , if it wasn’t what was best fit the tax payers of Florida
She was WAITING for FSU and ACC legal maneuvers to play themselves out...THEN it becomes the APPROPRIATE TIME for the State of Fla. to get involved. Now....what I gather with this move is..."WE WANT THAT CONTRACT BETWEEN the ACC AND ESPiN!!! AND WE WANT IT NOW!!! AND WE WANT IT PUBLIC!!!
Who is this the public official who is the Defendant. The ACC CANNOT be the Defendant. JY, if Moody is actually arguing that the ACC is the Defendant, then yes, you are WAY SMARTER than Moody.
You could not be more wrong. Under FL law, a Writ of Mandamus might be totally appropriate. Did it ever occur to you that the definition being read was not complete?
The FL AG is demanding records from an entity that conducts business with a state agency. She is entitled to any records that affect or impact the public or public monies. Failure to comply could have serious consequences. Remember, the threat that the state could rule that the contract is unenforceable remains.
@@tomsmithdeal775 I am a lawyer, though not a member of the FL bar and am not knowledgeable regarding FL Sunshine Laws or other applicable state laws. Having said that, I completely agree with the logic of what you have written. Courts always defend the public money - to a ridiculous degree