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What are the STRONGEST Arguments in ALL the Motions and Claims? POWER RANKING the FSU & ACC Lawsuits 

The Big Mountain Podcast
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Motion after motion in the ACC vs FSU Lawsuits. Here are the TOP 3 arguments from both sides as well as a dud from each side as we summarize where things stand in these lawsuits.
The ACC FSU war is escalating, and The Big Mountain is your trusted place for updates and analysis!
REMEBER TO SUBSCRIBE - We will be staying on top of these cases for their entirety.
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#ACCfootball #fsufootball #floridastatefootball

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1 окт 2024

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Комментарии : 56   
@davidbrown386
@davidbrown386 7 месяцев назад
Yesterday The ACC did say there was a vote in the amended filing. Of course you have to ask if there was a vote before the original filing?
@TheBigMountainPodcast
@TheBigMountainPodcast 7 месяцев назад
Lol - Of course they come out with a brief the day after we record. Looks like another update is needed!
@gjohnson320
@gjohnson320 7 месяцев назад
And the ACC tried referring to a super old case involving a board vote by a small company. NOT anything remotely close to a state institution being sued by an out of state conference.
@mitchblanton8085
@mitchblanton8085 7 месяцев назад
FSU & DeSantis vs ACC & ESPN/Disney............"GO NOLES"
@elliottcrews4997
@elliottcrews4997 7 месяцев назад
I would hesitate to hitch my wagon to a opportunist political figure that tries to ride grandstanding into the White House. He might be able to rally the FSU troops and add a few that view the world in terms of left/right politics to the fold but he is going to turn off as many or more to your cause that would have otherwise been on board. Most people can see him for what he is, thus his total rejection in the national arena.
@FSU.Seminoles1
@FSU.Seminoles1 7 месяцев назад
FSU and the ACC will settle and FSU will move on. The really interesting part will be in the offers from Fox to FSU and from espn to FSU. Fox wants their media presence in that region and the sec/espn wants to keep Fox/B1G out.
@505premoto
@505premoto 7 месяцев назад
Jurisdiction? I would presume that the judge in North Carolina is aware of the doctrine of sovereign immunity and that no entity of the State of Florida can be sued in another state. Also, by filing first, that makes FSU the defendant. What does the law say about that……. “You can file in the court nearest to where the person you’re suing lives or where the business is located. If your case involves a contract, you can file at the court nearest to where the contract was signed by the defendant”. FSU is the defendant and they signed the contract in Florida.
@elliottcrews4997
@elliottcrews4997 7 месяцев назад
That sovereign immunity argument is weak. The likelihood of it holding up in court is slim at best. I wouldn't put all my eggs in one basket.
@tomsmithdeal775
@tomsmithdeal775 7 месяцев назад
@@elliottcrews4997Actually what IS weak is the ACC’s only citation to support their claim against sovereign immunity is a case involving Troy University, who wanted to open a campus in North Carolina. In order to do so, Troy formed a SEPARATE corporate entity in the state, had their own business registration , registered agent and corporate identity. That citation is as irrelevant as can legally be. FSU does NOT have a SEPARATE corporate entity in North Carolina, has never registered a business nor ever had a registered agent. There is ZERO correlation between the two. If that is their ONLY basis for overriding sovereign immunity, that is not going to last five seconds before a judge. As a legal matter, the ACC is not going to get anywhere telling the State of Florida that they don’t have sovereign immunity. But I suspect that you already know that.
@elliottcrews4997
@elliottcrews4997 7 месяцев назад
@@tomsmithdeal775 It will certainly be interesting to see how this plays out.
@fja243
@fja243 7 месяцев назад
The latest filing by the ACC alleged that a vote was taken to authorize the "amended complaint" I think. I don't know if that serves to remedy a flaw of the original complaint or if that's what they mean, but a court can allow such amendment but if it's deemed valid would the amended complaint date become the litigation date abandoning the original filing date? Might be a point of dispute brought up by FSU
@TheBigMountainPodcast
@TheBigMountainPodcast 7 месяцев назад
Video on this ACC brief coming tomorrow. Stay tuned!
@elliottcrews4997
@elliottcrews4997 7 месяцев назад
The ACC can interpret their by laws however they wish to. It doesn't matter if an outside party thinks they didn't do it right. And even if they should have do so, by voting on the amended lawsuit the issue becomes a mote point. The amended version becomes the actual lawsuit.
@fja243
@fja243 7 месяцев назад
@elliottcrews4997 no the ACC is bound by their own bylaws. Big clue for you should be that they bothered to acknowledge the vote, conduct the vote after filing suit and amending their complaint. It's literally the antithesis of a moot point based on their actions. Lastly, it spelled *moot* ...glad to help.
@elliottcrews4997
@elliottcrews4997 7 месяцев назад
@@fja243 I didn't say they weren't bound by their own bylaws. I said that they had the right to interpret their bylaws as they see fit. It is a moot argument and thanks for the spell correction. I think their actions simply reinforce their commitment to the actions taken and act as a crossing of the i's and dotting of the t's. Best regards, Elliott
@Doc_Boots
@Doc_Boots 7 месяцев назад
I am curious to know if a statement that perhaps a felony was committed, but that is for another day would be considered tampering. You better be darn sure a crime was actually committed before casually threatening it in a legal document. The Florida AG clearly doesn’t feel a crime has been committed as she has jumped on this wagon requesting this exact document for public consumption. Was this a threat made to influence the course of a lawsuit? Are they trying to scare FSU into backing off on their litigation? How does a judge appreciate this action?
@TheBigMountainPodcast
@TheBigMountainPodcast 7 месяцев назад
The last question is the most interesting. Would love to know how this is received from a judge.
@elliottcrews4997
@elliottcrews4997 7 месяцев назад
On the other hand consider the slanderous accusations make in the FSU amended lawsuit directed at John Swollford, ESPN and Chad Swollford. And they aren't backed up with any real documentation, just innuendo and speculation. Perhaps an attempt to scare the conference into a quick unfavorable settlement.
@Doc_Boots
@Doc_Boots 7 месяцев назад
@@elliottcrews4997 fair enough
@Bosco_2013
@Bosco_2013 7 месяцев назад
Slowly, but surely I see you growing. Like many others, obviously, I like the way y’all break complicated situations down like what happened in the Pac 12 and what is going on with Florida State. Please keep keeping it real, and don’t change a thing. You guys DO have a voice on this platform.
@TheBigMountainPodcast
@TheBigMountainPodcast 7 месяцев назад
Thank you. We try to keep it as real as we can.
@observer466
@observer466 7 месяцев назад
I am a lawyer. For two guys who do not claim to have legal training, you guys did a great job. I have some more commentary re jurisdiction. I agree that a sovereign entity cannot waive jurisdiction, without very explicit language doing so. It is entirely possible that FSU simply could never have waived their sovereign status. The AG of Florida will certainly make that argument. There is also the issue of contra proferentem, which means that if there is confusion in a document it is construed against the drafting party. Perhaps the contract in question have language waiving that issue. We do not know. Perhaps the bigger question is why the agreements did not a jurisdiction clause. It is certainly standard language in a multi-state agreement. My theory is that the ACC knew that the bunches of state universities could not agree to waive sovereign jurisdiction. A question to me is whether some of the FSU issues do not apply to other schools, so that this does not open the door for a mass exodus. For example U of Miami is a private school and does not have sovereign immunity. UNC is obviously is the same state as the ACC and North Carolina law applies. Does that change things for UNC? Is there a difference between South Carolina law and Florida law? Will the AG of South Carolina intervene? I also agree with your duds. The FSU argument about the president signing is silly, as is the ACC fiduciary responsibility argument.
@TheBigMountainPodcast
@TheBigMountainPodcast 7 месяцев назад
Really appreciate your thoughtful and informed comments!
@505premoto
@505premoto 7 месяцев назад
I think that the ACC’s claim to not have fiduciary responsibility is valid. After careful observation, it does not appear that the ACC is responsible for anything. They have never made any effort whatsoever to do anything to promote the conference or negotiate equitable broadcast money from ESPN. Nor have they ever performed any meaningful business in a professional manner to the benefit of the member institutions. No one has ever made a claim that the ACC took responsibility for a single thing, either deliberately or accidentally.
@observer466
@observer466 6 месяцев назад
@@TheBigMountainPodcast thanks. You guys do a great job on this.
@ankurpatel66
@ankurpatel66 7 месяцев назад
Good Stuff guys!!
@TheBigMountainPodcast
@TheBigMountainPodcast 7 месяцев назад
Thanks
@photo2george523
@photo2george523 7 месяцев назад
FSU & Miami go to the Big 10. Big 10 then owns the Florida markets & Florida recruiting. SEC immediately becomes drastically weaker.
@marycrockerrohe2371
@marycrockerrohe2371 7 месяцев назад
Got to have an offer first
@FSU.Seminoles1
@FSU.Seminoles1 7 месяцев назад
You don't think that's already been discussed?@@marycrockerrohe2371
@FSU.Seminoles1
@FSU.Seminoles1 7 месяцев назад
That's definitely a great idea for the media market. A few have even mentioned GT for their media market. Unfortunately for UNC, the State of NC has locked NCSU to them. Thus making the UNC brand and media market less attractive. Adding Notre Dame and FSU would lock in two huge brands for the B1G. According to the media, Notre Dame is close behind FSU in making a move.
@505premoto
@505premoto 7 месяцев назад
@@FSU.Seminoles1 UNC would not be able to fulfill their revenue generation obligations nor viewership ranking expectations.
@elliottcrews4997
@elliottcrews4997 7 месяцев назад
The problem with the argument that the ACC was self dealing / Swofford / Raycom etc. is that all we see in the FSU filings are innuendo, speculation and speculation. They offer no first person accounts or documentation such as memos, emails, reports etc. to substantiate any of it. At this point it just doesn't hold up. As for the ACC including the possibility that FSU could buy back their rights that was included not as some sort of coded signal, but simply to dispute the claim that FSU was unfairly / illegally locked into the GOR with no way out. Of course there is a way out, buy your way out. The contention that the GOR is ironclad is correct. A party (FSU) can't walk away. It has to pay to regain the IP that they previously signed away. Regarding the 2/3 vote and the extension of the deadline that is easily addressed. It is much ado about nothing. The ACC is a voluntarily joined organization and thus has the right to interpret it's constitution / by laws as they see fit. It they say they didn't need a formal board vote then an outside party can't say they do. Also note that the amended lawsuit that the ACC filed included a meeting / vote by the members, thus is is covered there as well. The purpose of amending is to clarify, tie up lose ends, and improve / add to the original filing. As to fiduciary responsibility the ACC is obligated to protect the members as a whole not FSU individually. Wake Forest and Georgia Tech are just as valuable and are required to be protected just as much as FSU's. If one schools' best interests are in conflict with the group as a whole then the interests of the group as a whole are to be protected, not the one school. Double check your Statute of Limitation statement. It is my understanding that Fla also has a SOL though I believe it is 5 rather than the 3 in NC. So doing our basic math the 2013 grant of rights contract SOL would expire in NC in 2016 and in Fla 2018. The 2016 grant of rights contract SOL would expire in NC in 2019 and in Fla 2021. FSU filed their lawsuit in 2023! Always great content guys. I hope you will address some of my points and keep the quality content coming.
@tomsmithdeal775
@tomsmithdeal775 7 месяцев назад
Innuendo, speculation and speculation? Really? Maybe you should try rereading it. They specifically included DIRECT QUOTES from the relevant parties in newspaper articles that were accepted as accurate and never corrected. You really have your panties in a wad over this case and don’t appear to understand it. Basically, it is nothing more than a dispute over the value of something. The ACC claims that the object in question is worth $572m. FSU disputes that valuation. Nothing more. In the end, the parties will reach a settlement for an amount of less than half of that. Maybe even for $200m. By agreeing to the deal, the ACC is officially admitting that the real valuation was less than half of the original price. And that will be the figure that any other school that wants to leave will have to pay. End of story.
@elliottcrews4997
@elliottcrews4997 7 месяцев назад
@@tomsmithdeal775 Don't take it so personal. I'm not a contract or IP attorney but I have a basic understanding of what is going on. I'm offering a counter perspective to all the pro FSU belief that this a slam dunk. It isn't a dispute over the value. It is a dispute of ownership of intellectual property. But I do agree that in all likelihood a settlement will take place before this ends up being decided in court. Where we might disagree is with the idea of who actually has the stronger legal argument and thus the upper hand in any negotiations. We will just have to see how it all turns out. But I stand by my statements regarding the situation. All the best, Elliott
@TheBigMountainPodcast
@TheBigMountainPodcast 7 месяцев назад
Great Comments from you - as always! New Ep coming out tomorrow on the ACC brief and at this point we would agree the 2/3 vote is now a "nothing burger". We have not looked into the FL SoL, but want to get to that as well. Thanks for bringing that up! As you know, we are an unbiased third party here on the Mountain, and we always appreciate your view and comments!
@FSU.Seminoles1
@FSU.Seminoles1 7 месяцев назад
Being from the Greensboro NC area, it's not like this information hasn't been a major buzz for several years. There is a "Good Ol' Boy System" that was utilized. Information like this doesn't get printed in the Greensboro News & Record without some serious truth behind it. If that wasn't the case wouldn't the ACC, which at that time was located a short 10 minute drive away, have raised some hell over this being printed?
@davidbrown386
@davidbrown386 7 месяцев назад
I agree the ACC can vote to change their bi-laws. But the question is time. Was a vote to allow the lawsuit authorized BEFORE Florida State filed or not? If not a judge can kick this trial down to Florida.
@davidfrost801
@davidfrost801 7 месяцев назад
Enjoyed the program, keep it coming...
@jamesfender7381
@jamesfender7381 7 месяцев назад
Thanks!
@TheBigMountainPodcast
@TheBigMountainPodcast 7 месяцев назад
We appreciate this!
@davidhopkins1199
@davidhopkins1199 7 месяцев назад
Interesting discussion. Keep up the great work!
@TheBigMountainPodcast
@TheBigMountainPodcast 7 месяцев назад
Much appreciated!
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