Florida State Board of Trustees approves lawsuit against ACC
Just watched the livestream of the board meeting (thank you, Florida Sunshine Law). They are challenging the enforceability of the GoR and sounds like they might have a real case. Still TBD, but the shots have been fired.
Link: https://twitter.com/nicoleauerbach/status/1738224824013705503?s=46
December 22nd, 2023 at 12:41 PM ^
I truly believe the distraction issue for the players started to have a real impact when the Partridge issue came up
Maryland wasn't our best game, and there are a multitude of reasons for that. One of those reasons could be the distraction was getting to the team. But dropping the lawsuit didn't really make the distraction go away before Maryland.
I could see maybe if Harbaugh had the sense the walls of focus were starting to crack, wanting to minimize distractions for the week of the OSU game. The hearing would have been on the Friday before the Maryland game, and I don't know when that means the decision would have been rendered on the TRO. So it's possible the distraction of "will Harbaugh be allowed to coach?" would have extended throughout the week of Thanksgiving, and Harbaugh just finally decided he wanted to eliminate that.
Not sure I personally think that's how the thought process unfolded for everyone, but it's possible.
December 22nd, 2023 at 1:05 PM ^
I'm with you on being upset that we dropped the lawsuit and we still don't know the real reason(s), but here are two possibilities:
1) UofM saw the writing on the wall when the judge essentially denied the emergency TRO request. It seemed like a signal from the court that it did not see immediate irreparable harm when it punted and set a hearing for Friday afternoon just before the 2nd of the 3 game suspension. UofM could have seen that as writing on the wall that it was not likely to succeed in getting relief from the Court.
2) While the Partridge thing had no direct bearing on the merits of the case, it was a really bad look, and I could see why it would spook UofM and their lawyers, and make them wonder what other bad facts might be out there if the case kept getting investigated.
So I get the frustration that we did not fight like hell against the nonsense put out by the Big Ten and the media hacks, the saying that comes to mind is that discretion is the better part of valor.
December 22nd, 2023 at 2:14 PM ^
I think Michigan backed down for two reasons, but especially #2:
1. They worried that the suspension would just get drawn out longer.
2. Harbaugh saw his friend, Partridge, lose his job over this and realized that only he could put an end to the situation to eliminate the risk of other people being hurt by the collateral damage.
December 23rd, 2023 at 12:47 PM ^
Add to this list:
3. Litigation is very, very expensive, especially in high stakes, high profile cases w/emotionally invested clients (see my earlier post);
4. Litigation is exceptionally stressful (I’m a litigator, I’ve seen plenty of people crumble, including witnesses, clients, and lawyers. I love to litigate, but it is incredibly consuming, incredibly stressful);
5. Never let a one day story become a two-day story. Yes, it’s still in the media, but it’s dying. Litigating dumps jet fuel on the fire.
December 22nd, 2023 at 11:12 AM ^
FSU seeking large NIL deal.
December 22nd, 2023 at 11:19 AM ^
So much that may go into this, including a need to show the ACC that they will vigorously pursue their case--might mean millions at settlement time.
Saw yesterday that Sixth Street, the multi-billion dollar investment firm FSU has been been working with, already feels it's at or near the 120 million figure needed to withdraw; FSU says it would recoup that in four years. But this begs the question: Cede up to 45 percent of future revenue to an investment firm, opening the door for Wall Street to own or part-own college Athletic Departments. . . ? Say FSU joins a Big Ten where Michigan and others are obtaining 100 percent of their TV revenue--how far and how quickly does FSU fall behind, anyway?
Meanwhile, if they fall behind by, literally, a billion and more waiting until 2036. . . they may be right that they would never catch up.
As I said, a lot going on. But does demonstrate that some of these calculations, while loose and/or possibly off by country miles, will in the end decide the fate of schools like FSU. . . a very perilous path.
December 22nd, 2023 at 11:25 AM ^
I know Sixth Street a bit; worked with them in the past.
Shot in the dark, but I could Sixth Street putting down the $120 million as a loan for FSU today so they could leave the ACC now and charge a high interest rate + get a pledge of new conference money. FSU litigates whether or not they actually owe the $120 but that's just money after the fact.
In the alternative, Sixth Street might "purchase" some FSU rights - media, tickets, advertising, etc - and FSU uses the proceeds to pay down the ACC. Looks like they've floated that in the past.
December 22nd, 2023 at 11:22 AM ^
The thing is I don't know if the SEC wants them, or more likely so they want FSU and Miami and Clemson. So we'll see.
December 22nd, 2023 at 11:26 AM ^
the other schools just don’t want to go through the fight, if FSU wins the acc as we know it will be no more.
December 22nd, 2023 at 11:51 AM ^
The fact that FSU and Miami are in the ACC is already means the ACC as I knew it is no more.
The ACC without FSU, Miami, and Clemson is a good thing because it will help us get closer to whatever it is we're headed toward.
December 22nd, 2023 at 11:28 AM ^
SEC already stated that they don't view FSU as an expansion candidate.
December 22nd, 2023 at 11:59 AM ^
Yeah, and no way no how Saban was leaving the Dolphins. Until two days later when he, you know, did.
Things change.
December 22nd, 2023 at 12:47 PM ^
If the SEC doesn't take Florida State, they leave open the possibility of the Big Ten entering SEC country from Florida all the way up to the Carolinas or Virginia.
December 22nd, 2023 at 2:23 PM ^
At this point, I think the more interesting question is whether FSU would prefer SEC over the Big Ten.
People here forget that Missouri *wanted* the Big Ten invite far more than an SEC invite, but it never came (and the SEC only invited Missouri as a partner for A&M).
December 22nd, 2023 at 8:02 PM ^
The SEC is supposed to want North Carolina and Notre Dame. If this is an arms race--one the B1G is interested in winning against the SEC--then I think there is another path out for FSU. That would be for the B1G teams to collectively contribute x number of dollars annually toward, say, four schools' buyout from the ACC over x period of years (could be quite protracted). With the knowledge that the next media rights contract rewards them still more handsomely, especially if a newly-configured B1G includes (say) ND, FSU, NC, and Clemson. I think that would be the way to get to the number most quickly with the least amount of pain for all concerned. And pull off a bit of a coup.
Surely someone has thought of this possibility.
December 22nd, 2023 at 11:28 AM ^
Based on some of the remarks made, I think they’re hoping to get other schools to co-sign onto the suit to strengthen their case. If they could get the likes of Miami, Clemson, UNC and Virginia to throw their names onto the filing (or file similar suits in their respective states) they could then collectively bargain their exit fees to avoid or lessen the length of the impending court battle.
The FSU lawyer said plainly they’d like to negotiate a settlement, so take that for what it’s worth.
December 22nd, 2023 at 11:36 AM ^
I wouldn’t be surprised to see DeSantis do some stuff behind the scenes to help FSU. We know his feelings about Disney. ACC losing FSU would hurt one of their properties(ESPN).
Getting FSU out of this ACC could possibly help him with some state voters.
Not saying I approve or disapprove and I realize that I am walking a thin line in terms of politics.
December 22nd, 2023 at 11:41 AM ^
Getting FSU out of this ACC could possibly help him with some state voters.
"Some" is an absolute understatement.
December 22nd, 2023 at 12:01 PM ^
ANYBODY see the IRONY of DeSantis suddenly needing the friendship and cooperation of the Mouse House here...????
This really feels like... DeSantis swaps control over Disney in exchange for ESPN opting out of the GoR.
Gawd I luv Murica. Only here would you get a confluence of interests like this.
December 22nd, 2023 at 12:18 PM ^
Clearly you have never followed Russian politics. This is all quaint childsplays in comparison.
December 22nd, 2023 at 8:33 PM ^
Yeah. No one is falling out of windows.
December 22nd, 2023 at 4:06 PM ^
How does the state of Florida need Disney’s help?
December 22nd, 2023 at 3:19 PM ^
Hard to avoid politics on this one if academics is given any consideration in assessing FSU's fit with the Big Ten. As far as I know, there are certain restrictions imposed by the state of Florida on what can be taught (and how) at FSU that no other Big Ten school currently faces.
December 22nd, 2023 at 12:14 PM ^
Is "Go Fund Me' still a thing?
Asking for a, uh, university...
December 22nd, 2023 at 1:26 PM ^
Is this good or bad for Michigan? I'd say if FSU does leave for the BIG it hurts Michigan somewhat.
December 22nd, 2023 at 2:28 PM ^
If it hurts ESPN/SEC, then it's probably good for us.
December 22nd, 2023 at 1:28 PM ^
I understand what they are doing and why they are doing it. But getting screwed by one organization (NCAA CFP Selection Committee) and suing another (ACC) is a.................. bold move to say the least.
Cue Jason Bateman memes.
December 22nd, 2023 at 3:08 PM ^
FSU has had problems with the ACC long before the CFP screwed them. That just added another example of the ACC's impotence to FSU's pile of grievances.
December 22nd, 2023 at 4:08 PM ^
The belief is that because of those past issues the ACC didn’t do all it could hehe to help FSU. And then to add that Corrigan is an ACC AD who said what he said and treated FSU as he did, different level of connection to and anger about that belief.
December 22nd, 2023 at 3:50 PM ^
As mentioned before the playoff committee was chaired by the AD at NC State. That was also the school that flipped it's vote to admit Cal and Stanford against the wishes of FSU because NC State is trying to turn the ACC into the Big 12 without letting Oklahoma and Texas leave as much as possible for their own survival.
That school has been actively trying to damage FSU's brand value to make it harder for them to leave the conference which has only hastened FSU's ire.
December 22nd, 2023 at 4:10 PM ^
This. 100%.
December 23rd, 2023 at 2:04 AM ^
Makes you wonder if a Board of Trustees should be required to have a Board of Common Sense.
By the time this is in the courts, the landscape will be entirely different. At some point, probably more sooner than later, major college football will need to split from the NCAA.
This landscape changes every few months.
Right now, I don't see how adding FSU benefits either the Big Ten or the SEC. FSU is going to need a lot of cash to get out of this, and they will also have to take a lesser share of their new conference revenue in order to get in - if they even receive an invitation.
This is not to say that FSU isn't an important brand. It's simply the worst possible time to be considering this type of action. While I get that they're quite angry and have good reason to be angry about the 2023 football playoffs, that's not a good reason to take on this fight that doesn't have a good outcome for them either way.
I don't see what they're trying to achieve here. They are better positioned for the NCAA breakup as the most valuable franchise in the ACC.
We're angry about the Petitti suspension. Channeling that anger to try and move from the Big Ten to the SEC would have been similarly ill-advised.
December 23rd, 2023 at 8:55 AM ^
I have to believe that FSU has talked to Fox about their landing spot and bringing other schools with them. I don't think ESPN will let the SEC take FSU (certainly not alone), and I don't really see the B1G being that interested in FSU, unless other schools (UNC, GT, UVA) come with them. Perhaps a (temporary) spot in the Big12 until the legal fights end?