Do FSU & Clemson Have A Landing Spot?

Wild Turkey said:
In your thinking do you believe they will:

1. Defeat GOR in court
2. Pony up the 500mm to buy themselves out
3. Believe the conference will fold on their position and negotiate a lesser amount?

I'll be honest I don't see 1 or 2 happening anytime soon and I would be shocked if they can come up with 500mm.
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Settlement
 
duckboy33 said:
Settlement
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There is no incentive for the ACC to take a dime less than the full amount and they would be letting FSU and possibly Clemson out of the league 10 years early.

I just do not understand the logic that makes you assume that will happen.
 
Wild Turkey said:
There is no incentive for the ACC to take a dime less than the full amount and they would be letting FSU and possibly Clemson out of the league 10 years early.

I just do not understand the logic that makes you assume that will happen.
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There is no logic behind his position. He took that early on and sticks to it. He's never stated why the ACC would settle.

I've litigated a ton of lawsuits. You only settle if you think you are going to lose, or you think it's economically in your client's best interest, or there are PR reasons to do so.

None of those exist in this case. They are highly likely going to win - GOR is rock solid. There are no economics for settling - they would immediately lose their 2 best earners and open the door to a few others that might have landing spots elsewhere. The PR is leaning heavily in the ACC's favor - FSU has become a laughing stock for their behavior.

This is a case where the longer you can go on, the better it is for the ACC. If you can make this last 3-5 years, which it easily should do, then you have Clemson and FSU for 3-5 more years. That's worst case scenario.
 
WhosYourDawggy said:
There is no logic behind his position. He took that early on and sticks to it. He's never stated why the ACC would settle.

I've litigated a ton of lawsuits. You only settle if you think you are going to lose, or you think it's economically in your client's best interest, or there are PR reasons to do so.

None of those exist in this case. They are highly likely going to win - GOR is rock solid. There are no economics for settling - they would immediately lose their 2 best earners and open the door to a few others that might have landing spots elsewhere. The PR is leaning heavily in the ACC's favor - FSU has become a laughing stock for their behavior.

This is a case where the longer you can go on, the better it is for the ACC. If you can make this last 3-5 years, which it easily should do, then you have Clemson and FSU for 3-5 more years. That's worst case scenario.
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We know it won’t be they defeated the GOR as that will take years in the courts.

We know FSU isn’t going to cough up 500mm as that would be insane and they aren’t going to get a full share in a P2 until next contract round.

You nailed the settlement theory issues so that isn’t happening.

Nothing is happening the next two seasons.
 
ralphiewvu said:
And still, it looks wrong. Even though you crowed about 2025 this whole time.
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No. I said they would be out by the 2026 football season. Still do.
 
Wild Turkey said:
We know it won’t be they defeated the GOR as that will take years in the courts.

We know FSU isn’t going to cough up 500mm as that would be insane and they aren’t going to get a full share in a P2 until next contract round.

You nailed the settlement theory issues so that isn’t happening.

Nothing is happening the next two seasons.
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Link

Argue with your mamas
 
"ACC will never settle"

***ACC enters negotiations over settlement*** :LOL:
 
duckboy33 said:
"ACC will never settle"

***ACC enters negotiations over settlement*** :LOL:
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LOL someone has never been in a mediation.

My guess is mediation is required before a lawsuit can be filed and here is what will happen.

FSU - Not paying anything
ACC - We want full fees and damages

No one will budge then FSU files suit in Florida and they are guy venue for a year.
 
duckboy33 said:
"ACC will never settle"

***ACC enters negotiations over settlement*** :LOL:
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This is court ordered mediation, not arbitration. There is nothing coming out of this unless FSU apologizes for being assholes and agrees to dismiss their lawsuit and be a good little boy.
 
For those that don't understand, there is Arbitration and there is Mediation.

Arbitration is typically something that is mandated by an agreement between two parties. It's an alternative to going to court. For example, the ACC's GOR or by-laws might try to require that parties go to arbitration instead of court. It's usually designed to lessen the cost of disputes, allow them to be decided faster, and are particularly good where substantive legal issues are such that they would best be heard and understood by an arbitrator with special industry knowledge. Often, it is binding without the possibility of appeal. When an appeal is possible, there are often large penalties if you appeal and lose in court.

Mediation is voluntary even if court requires that the parties do so. I have been in many mediations where we were required by the court to attend, but they couldn't require us to participate. Neither side often puts their cards on the table during mediation because the mediator doesn't make a decision ... he or she tries to talk the parties into agreeing. They often start with meetings alone with each party and then perhaps meeting together if they think it would help. I won a lawsuit in 2014 where we had mediation that went for 12 hours, and had an agreement at about midnight until the defendant's wife came into the room and made her husband reject it. That night and her actions cost me about $600,000 more in attorneys fees, of the total $1.3 million I paid to litigate, because we had to go to trial where I won - but it cost me a ton of money.

The mediation in the ACC v. FSU case is mandated by the court, I believe, but it is not binding. I can't see how they parties can find common ground, so it is good for the ACC who wants delay.
 
WhosYourDawggy said:
For those that don't understand, there is Arbitration and there is Mediation.

Arbitration is typically something that is mandated by an agreement between two parties. It's an alternative to going to court. For example, the ACC's GOR or by-laws might try to require that parties go to arbitration instead of court. It's usually designed to lessen the cost of disputes, allow them to be decided faster, and are particularly good where substantive legal issues are such that they would best be heard and understood by an arbitrator with special industry knowledge. Often, it is binding without the possibility of appeal. When an appeal is possible, there are often large penalties if you appeal and lose in court.

Mediation is voluntary even if court requires that the parties do so. I have been in many mediations where we were required by the court to attend, but they couldn't require us to participate. Neither side often puts their cards on the table during mediation because the mediator doesn't make a decision ... he or she tries to talk the parties into agreeing. They often start with meetings alone with each party and then perhaps meeting together if they think it would help. I won a lawsuit in 2014 where we had mediation that went for 12 hours, and had an agreement at about midnight until the defendant's wife came into the room and made her husband reject it. That night and her actions cost me about $600,000 more in attorneys fees, of the total $1.3 million I paid to litigate, because we had to go to trial where I won - but it cost me a ton of money.

The mediation in the ACC v. FSU case is mandated by the court, I believe, but it is not binding. I can't see how they parties can find common ground, so it is good for the ACC who wants delay.
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Two follow-ups ...

1. My reference to the GOR was just an example. It doesn't have an arbitration clause.

2. Back in the 80s and early 90s, there was a movement by the courts, at least in Georgia, to require non-binding arbitration. We met in front of a panel of 3 attorneys who heard our cases presented and then made a decision, including damages amounts. If you decided to ignore the arbitration panel's decision, you had to come within 90% of what they offered to not have to pay fees and costs. For example, if you won an arbitration hearing and were awarded $100K, and then decided to proceed to trial, you better win at trial and get at least $90K or more. Otherwise, you had to pay the other side's costs for everything beyond the arbitration hearing. If the defense declined to pay the $100K award, they better win a defense verdict or lose less than $90K. Otherwise, they would have to pay the fees and costs of the other side's lawyers. For some reason, it didn't work.
 
Everyone’s landing spot.

ELTEXAN

Thread '“CFBU”'

1. Kill the ncaa. Start a new league, “COLLEGE FOOTBALL UNION.”
2. CFBU organizing 64 member schools into four 16-team divisions.
3. Each division plays a nine-game division schedule.
4. The division schedule is set up into a four-team-pods OR three-permanent-rivals scheme.
5. The two teams in each division with the best intra-div records play in a DCG (divisional championship game) to decide Divisional Champ.
6. 8 or 12-team CFBU playoff.
7. Four Division champions are guaranteed the four top seeds in the CFBU Playoffs.
Remaining playoff slots go to the next top ranked teams decided by...
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