Regardless of the 2023 season outcome, Michigan needs to leave the Big Ten
Since the allegations sprung up in late October, the Big Ten and its members have acted in worse faith than I could’ve ever imagined. The actions of the commissioner, giving into mob rule is ridiculous.
If they want to set this precedent, have at it. Michigan in February 2024 should announce they are leaving the conference, to join whatever conference (SEC, ACC w/e) with Notre Dame.
Yes. This means ending the OSU rivalry and the MSU shit fest. That conference can go televise Iowa vs. Northwestern with their new television deal.
have fun trying to join the next super conference Alan Haller, you’ll be left in the dust.
November 11th, 2023 at 10:49 AM ^
Independent would be interesting...
November 11th, 2023 at 10:51 AM ^
Notre Dame has the best model. Sure, fuck them since they are a rival, but smart to have a “deal” with the ACC to still have a good schedule but have the freedom of independence.
November 11th, 2023 at 11:02 AM ^
Rivalry aside, Notre Dame is smart.
November 11th, 2023 at 11:24 AM ^
Copy ND model - we pick our own 6 games a year and then do 6 in the ACC. Eff the rest.
November 11th, 2023 at 12:02 PM ^
Go independent and blow up the rest of the college world by releasing all the proof you have of other schools cheating/breaking rules. Not just B1G schools either. Destroy their value.
November 11th, 2023 at 10:50 AM ^
I actually agree with this. Plus when it comes out that OSU hired the P.I. firm that rivalry can kick rocks too. I'm disgusted with not just the conference, but the other progr8in it. Firing Petitti isn't fixing this. Time to move on.
November 11th, 2023 at 11:04 AM ^
The fact that Walters can with a straight face scream bloody murder how knowing signs injures players when he knew he had UofM's signs is all we need to know about the hypocrisy of the BigTen.
November 11th, 2023 at 10:51 AM ^
To the MGo-Lawyers, is the collision between multiple teams to torpedo Michigan as least through last season enough to get our contract with little ten nullified?
November 11th, 2023 at 11:25 AM ^
SwampFox, that is what I was wondering. Is it possible to demonstrate that the B1G members have damaged the M brand to such a degree that M can leave the conference with minimal penalties? A few weeks ago, if anyone had suggested to me that M needed to leave the B1G, I would have called them nuts. Now.........not so much. Burn the B1G to the ground.
November 11th, 2023 at 11:36 AM ^
Not a lawyer.
We could theoretically have grounds to leave if we can demonstrate breach of contract.
I personally found it interesting that Tom Mars letter to B1G specifically mentioned "breach of contract" within the first 3 sentences....not sure if an implied threat, or actually laying the groundwork for this potential eventuality....
November 11th, 2023 at 10:51 AM ^
I’d put a pin in that so far nothings gone our way with any of this.
November 11th, 2023 at 1:29 PM ^
Yeah, despite everything being absurd it is disturbing nothing has gone our way.
November 11th, 2023 at 10:51 AM ^
Could we actually do this? We keep saying it but I think it would be hard to leave our contract. And if we were to leave I don’t think it could be immediately anyways
November 11th, 2023 at 10:55 AM ^
Yes, Michigan can do this. As mgolawyer rym laid out, any suspension by the Big Ten commissioner in this case at this time is a material breach of Michigan's agreement with the Big Ten.
For those of you who have never worked on contracts, "material breach" means the contract instantly becomes null and void. No buyout required.
November 11th, 2023 at 10:57 AM ^
I would like to believe that, but it would go to the courts. And does anyone have faith in that going our way after today?
November 11th, 2023 at 11:26 AM ^
For those of you who have never worked on contracts, "material breach" means the contract instantly becomes null and void. No buyout required.
I’m sorry to tell you this, but that’s simply not accurate. Material breaches most typically result in a variety of remedies for the non-breaching parties, usually involving compensatory damages and in certain circumstances expectation damages or sometimes (in fairly rare cases) consequential or other indirect damages (e.g., loss of profits, diminution in value, etc.). Equitable relief like injunctions are also available remedies depending on the agreement and nature of the breach. And usually there are breach indemnities that are triggered (although I imagine unlikely here with conference bylaws).
But the type of total breach to permit a court-ordered complete invalidation of a contract usually requires that the breach undermine the entire value and frustrate the very purpose of the agreement. I’m not saying it’s impossible to argue, but it’s just not reasonable to expect that to be a slam dunk here for the conference’s failure to follow the disciplinary process.
November 11th, 2023 at 11:44 AM ^
Well, that's your take. "I don't know if this really constitutes a material breach."
I've worked on several contracts over the course of my life. A material breach is when one party of the contract breaks the terms so explicitly that the other party can not in any way be reconciled. That's what happened here ... sigh, ok, at least in my opinion.
I brought this up elsewhere, but I have yet to hear one compelling reason why after this Michigan should stay in the Big Ten. Or how the Big Ten could force them to.
November 11th, 2023 at 12:48 PM ^
I appreciate the argument you’re making. I really do. It may potentially be worth making the argument to develop some leverage on whatever our term fee may be.
But I’m just telling you how it works in reality as a practicing MLaw transactional lawyer who negotiates (and occasionally, has to manage disputes of) agreements every day.
November 11th, 2023 at 5:13 PM ^
Lawyers disagree all the time.
Your statements of "this is simply not accurate" and "how it works in reality" is really just you saying, as one lawyer, "I disagree with your interpretation."
November 11th, 2023 at 10:56 AM ^
I mean Texas, OU, USC, Washington, Oregon, UCLA all got out of their deals. I'm pretty sure the new television contract for the Pac-12 just happened last year too, and Washington and Oregon got out in less than a year.
Michigan can probably also argue that remaining in the conference hurts them.
November 11th, 2023 at 11:12 AM ^
Regarding the PAC-12 teams - I believe the media agreement was expiring, so “leaving early” wasn’t associated with a financial impact.
November 11th, 2023 at 11:00 AM ^
So as a rough estimate the max financial loss by Michigan would be about $750M. Since the current GoR goes to 2030. Then it comes down to how much could they recoup from bargaining / suing for their exit. And how much would they make per year on a new deal.
November 11th, 2023 at 11:14 AM ^
One thing that would be fun to see is a renegotiated B10 TV deal, if Michigan left. I suspect teams left behind would be looking a different payout. I'd like to think substantially less, but who knows. Would be a nice little parting gift, if that were the case.
November 11th, 2023 at 11:25 AM ^
Every remaining member would lose money in the B10 too as their cash cow is gone. That $100M a year goes to $80M or whatever. Still plenty of money but you just lost a nation of eyeballs.
B10 is very lucky USC game in at just the right time but USC is not Michigan - they cannot even sell out their stadium for football games.
November 11th, 2023 at 11:23 AM ^
Big Ten would loses hundreds of millions if UM left. This is a lose-lose situation in terms of finances.
But I don’t see how this can work now with what has transpired.
November 11th, 2023 at 10:53 AM ^
Sue everyone on the way out.
We are being rat fucked here.
November 11th, 2023 at 10:53 AM ^
Super conference, here we come
November 11th, 2023 at 10:53 AM ^
Why do we need Notre Dame to do this? Screw Notre Dame!
November 11th, 2023 at 11:05 AM ^
"Why do we need Notre Dame to do this?"
No one here likes Notre Dame. But a conference with M, ND, USC, Alabama, Texas, FSU (another discontent at their current situation), and a handful of others will totally command media rights, and therefore $$$. The rest of the B1G would be left at PAC12 levels of revenue.
That list of schools is off the top of my head, and I'd refine it if I weren't so irritated right now, as I trust most of us are.
But I'd be willing to let bygones be bygones with ND at this point to get out of this conference.
November 11th, 2023 at 11:16 AM ^
Sorry, OSU, your invite might have gotten lost in the mail.
November 11th, 2023 at 11:24 AM ^
I don’t know man it would be a blood bath of a season.
November 11th, 2023 at 10:53 AM ^
Hell yes! Let's watch them unravel. This is definitely a "careful what you wish for" situation for the Little Thirteen.
November 11th, 2023 at 10:54 AM ^
I still can't believe they waited til he was on the plane. Unforgivable.
November 11th, 2023 at 11:14 AM ^
I'd upvote more if I could.
I still can't believe it.
November 11th, 2023 at 11:17 AM ^
I’m not a lawyer, and it seems to me one of the issues with the TRO was the “ex parte” element.
If the B1G had delivered their notice of suspension on Thursday, my guess is - the hearing would not have taken place on Friday (yesterday), since it was a court holiday.
I would also assume the hearing next Friday will be open to the public. It would be “must see tv” if cameras were allowed in the courtroom.
Go Blue!
November 11th, 2023 at 11:40 AM ^
might be the highest rated live broadcast ever shown on the BTN.....
November 11th, 2023 at 11:26 AM ^
They told Thamel 30 minutes before they told Michigan. Pathetic.
November 11th, 2023 at 12:06 PM ^
There is no other way to interpret the B1Gs action other than hostile towards Michigan.
November 11th, 2023 at 10:54 AM ^
It's like somebody said yesterday. How can Michigan expect ever getting a fair shake in the future. This marriage seems to be over.
Time for new rivals and new traditions.
November 11th, 2023 at 11:08 AM ^
We can rekindle ND and find new ones in ACC.
November 11th, 2023 at 11:27 AM ^
You don't need to be in the Big Ten to play Ohio State and Michigan State.
Notre Dame plays their rivals without being in a conference.
Now, if they refuse to play Michigan, that's a different story...
November 11th, 2023 at 11:37 AM ^
Why the fuck would we want to play them?
November 11th, 2023 at 11:48 AM ^
Fair point.
November 11th, 2023 at 11:38 AM ^
I say we refuse to play them. Not worth it.
November 11th, 2023 at 11:43 AM ^
Why would Michigan want to play them any more? MSU assaults our players. OSU is trying to undermine our entire program. No thank you.
November 11th, 2023 at 10:54 AM ^
I can’t see it going any other way. If Michigan does leave and the tv deal gets slashed (a guarantee) - I bet OSU either leaves or demands some sort of pro-rata allocation
November 11th, 2023 at 11:16 AM ^
Yeah no one talks about what OSU would do.
But if Michigan was no longer in the conference, within 5 years OSU may leave also. Geographically and scholastically not difficult to jump to the SEC.
Money talks and AAU and all the history could unravel.
November 11th, 2023 at 11:28 AM ^
Right - also brings to my head WHY is the TV revenue shared equally. Michigan has every right to have demanded a higher share than fucking Northwestern or Illinois or Rutgers. But we have been good little soldiers doing what is best for the collective.
The same collective that the second they have an opening knifed us in the back as a group of 13.
November 11th, 2023 at 10:54 AM ^
At the bare minimum, they need to change the intro for the pregame for OSU. We are no longer proud member of the Big Ten Conference.
November 11th, 2023 at 11:01 AM ^
Hawaiian War Chant