Illegal Moves Ep. 6: Florida State and the Very Bad, No Good Conference
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- เผยแพร่เมื่อ 27 ก.ค. 2024
- In this episode, Liz and Taylor discuss the breaking news of the Florida State University lawsuit against the Atlantic Coast Conference (ACC) as FSU tries to leave ACC and go to Big 10. But first, FSU has to combat the massive monetary penalties imposed by ACC.
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I miss this show hoping a new episode is coming soon
Ok so you guys are missing a big aspect of this, which is Florida contract law with regards to liquidated damages. Under Florida law liquidated damages are permissible, if a party breaks a contract, but a penalty is not. For example if you were to break your lease, your landlord could charge you 2-3 months worth of rent in liquidated damages, what they could not do is charge you say 12 months worth of rent. That would be a penalty to punish you for breaking the lease, not damages that bare a relationship to the loss caused by the breach. Here FSU is arguing that the $560 million for the grant of rights is so excessive it’s not liquidated damages it’s a penalty. It would or be u reasonable or out of the realm of possibility for the Judge to make a Declaratory judgment on the liquidated damages issue. Judges in Florida make those kind of determinations all the time. That is what everything hinges on as far as negotiations for the ACC. If the judge finds the GOR to be an unenforceable penalty nothing else matters. FSI doesn’t need to prove any of the other counts, they don’t have to prove the ACC breached, they can just leave with no penalty. If the judge rules against FSU on the liquidated damages issue FSU can then still get out of it proves the ACC breached on any of the other 5 counts. For the ACC it would be much better to negotiate a settlement. Why risk FSU getting a ruling that the GOR is unenforceable and get nothing, or lose on one of the other counts and still get nothing? Instead maybe negotiate a settlement of $150 million or so.
Thank you so much for this! I read some of the Florida law, but I wasn't sure how strong the "penalty" argument was since I didn't see any precedent for it. It sounds like from what you're saying, if they can prove that this is a penalty, then it's pretty much a slam dunk case for FSU? I agree - that should make ACC want to settle even more.
I think the FSU playoff snub is a red herring. This suit has been in the works for well over a year, and the counts are based on Florida contract law. Maybe the snub accelerated the filing of the suit, but probably not by much.
As far as the committee and the reasons for the snub, the committee’s criteria are really just a list of things they can use as post hoc rationale. There is no set weight on how they will view each criteria, and every year before this it has been the 4 most deserving not the 4 best. How can a committee determine who is best? That’s for on the field results. Sports is always about deserving that how you end up with under dogs.
The way the playoff snub can potentially be an issue is because it was done to ensure an SEC team gets into the playoffs. This shows that ESPN gives preferential treatment to the SEC at the expense of the ACC. That will come into play.
7:30 FSU/ACC discussed, sorta...
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Hi, thanks for your comment! I don't know if you have had a chance to listen to the entire episode, but we covered the option issue later!
You guys need to catch a clue & come up to speed.
Hey guy, just curious as to what clues I missed out on and how I can better bring myself up to speed because it seems you have a ton of experience in handling cases involving schools looking to get out of their conference. And I’m also curious how much you enjoyed the entire episode. Thanks.