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MEGA Conference Realignment and lawsuits Megathread: Stories, Tales, Lies, and Exaggerations

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Letting the other universities do our bidding is NOT what is happening. Those universities have GUARANTEED offers elsewhere. Lawsuits = offers.

But let it ride folks. Our lawsuit is COMING, because we have our pick too. I’m sure the plethora of lawyers (probably most in the nation lol) we have in sofla and as alum are mounting a case. I’m sure our president is colluding with fsu president on when to throw in the dagger.

And these conferences love to check out the orange bowl in winter. They’ll LOVE to add Miami for the warm weather and beautiful people.
 
“Here at the University of Miami we are incredibly solid with the ACC. It’s a great conference, provides great structure, access to the college football playoff which is very, very important. We look at our circumstances here with a very orange and green set of glasses saying are we in a good spot, growing our football program? We’ve invested in it, brought Mario (Cristobal) here, he’s establishing an incredible foundation. What’s the opportunity for us here with things under our control to be able to move this thing forward? The ACC is still one of the Power Four conferences that are part of the college football playoff, a very active and vibrant member of that Power Four. We are very proud to be a part of that, a leading brand within in the ACC and will continue to be a part of it.” - Radakovich earlier
 
thesentinel said:
I gave my analysis as a florida litigator on the subject. I find their argument that Phillips wasn't unliterally allowed to grant the extension persuasive. I also think they should prevail on the venue issue given the ACC's failure to follow its own bylaws prior to filing suit and the cases they cited on point to that.

everything else they put in their lawsuit besides the extension is meaningless and designed to generate clicks, but the unilateral extension and exposing ESPN's failure to actually extend the ACC deal were a huge

twist-n-hook would have you believe that FSU is about to get sanctioned for their filings. He doesn't engage with anything in good faith, and given that he's paper pusher with no real courtroom experience who isn't even licensed in NC or FL, his analysis means jack **** anyway.

The clemson lawsuit has two unique angles re: trying to make the GOR only apply to conference members (probably doomed to fail) and the ND exit fee angle. But neither is anything particularly more interesting than what FSU file.
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FSU's entire suit rests on the ESPN extension option unilaterally granted by Phillips ... which is described in multiple sentences in the ESPN document as "an amendment to the 2016 agreement". Amendments require member approval. Outside of that issue the balance of the filings simply attempt to show how ineptly the ACC was managed over a couple of decades as a vehicle to enrich members of the Swofford family to a degree that really makes you shake your head.
 
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CaneinBroward said:
What is the reasoning used by most in not wanting Miami in the conference?

If it's the typical "they play dirty" tripe from 40 years ago, that is no big deal. That's just fear of Miami becoming a juggernaut again and bad blood from the past.

If it's "they haven't been successful in over 20 years or they are lucky to fill half their stadium for most games", I'm not sure how we as fans could really argue against either one of those stances.
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Most are simply stating the "Miami hasn't won anything on over 20 years, has a fanbase that doesn't go to games, has no stadium, and doesn't have a good football coach". Heard that one at a bar in Seminole country two days ago from a lady who had a brother that played for the Noles in the 80's and has a son and nephew on the present roster. "Y'all need a football coach, that guy you have in't gettin it done".
 
423Hurricane said:
Comparatively speaking, Miami is low in the pecking order. Higher than the bottom feeders of the ACC, but lower than FSU, Clemson, UNC, and a couple of others. That’s that stark reality and unless the Miami powers that be are working miracles behind the scenes, Miami will be left with their ****s in their hands.
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Nah ... pretty sure the pecking order is

ND
FSU
UNC
Clemson
Miami
the others in no particular order ... depending on the conference.

SEEMS that eventually (by 2030??) the P2 will each be 24 teams, they will grab the 5 listed above, maybe the top 2 programs in the B12 after filling in with several ACC schools, then the "leftovers" of the B12 and ACC might form a "national 2nd tier league" for games that will be broadcast as regional fill in games via streaming apps only.
 
hill33 said:
“Here at the University of Miami we are incredibly solid with the ACC. It’s a great conference, provides great structure, access to the college football playoff which is very, very important. We look at our circumstances here with a very orange and green set of glasses saying are we in a good spot, growing our football program? We’ve invested in it, brought Mario (Cristobal) here, he’s establishing an incredible foundation. What’s the opportunity for us here with things under our control to be able to move this thing forward? The ACC is still one of the Power Four conferences that are part of the college football playoff, a very active and vibrant member of that Power Four. We are very proud to be a part of that, a leading brand within in the ACC and will continue to be a part of it.” - Radakovich earlier
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I try to be fair Because I don’t wear orange and green glasses in this crap. I don’t care if that’s a public optics to cover the fact that you’re being conniving and backstabbing in the background or even if you believe it in the worst case scenario that you don’t have a move to make. That quote sucks on every single level and is completely unnecessary regardless of which fork in the road you’re on.

Have we ever flown a plane for an athletic Director if necessary?

Literally hate everything about that no matter what background is or is not going on.

It could be pledge undying loyalty as you get ready to betray ceasar because “we had no choice” but to kill him but….
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Ralph Fiennes Trust GIF by Searchlight Pictures
 
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Peachycarnahan said:
I disagree that it was not ESPN's job to verify the ACC's bylaws. First, I'm willing to bet that the bylaws were incoporated by reference into the contract. Second, a contracting party with an agent of the principal has to act reasonably and that includes the duty to inquire from the principal about the extent of the agent's authority. See, All Seasons Condo. ***'n, Inc. v. Patrician Hotel, LLC, 274 So. 3d 438, 449–50 (Fla. 3d DCA 2019). “An agent's authority need not be conferred in express terms, but may be implied or apparent under justifying circumstances.” Am. Ladder & Scaffold Co. v. Miami Ventilated Awning Mfg. Co., 161 So.2d 699, 700 (Fla. 3d DCA 1964) (citing Thomkin Corp. v. Miller, 156 Fla. 388, 24 So.2d 48, 49 (Fla. 1945) ). An agency relationship based on apparent authority only exists if the following three elements are present: “1) a representation by the purported principal; 2) reliance on that representation by a third party; and 3) a change in position by the third party in reliance on the representation.” Ocana v. Ford Motor Co., 992 So.2d 319, 326 (Fla. 3d DCA 2008) (citing Mobil Oil Corp. v. Bransford, 648 So.2d 119, 121 (Fla. 1995) ). “Apparent authority does not arise from the subjective understanding of the person dealing with the purported agent, nor from appearances created by the purported agent himself.” Izquierdo v. Hialeah Hosp., Inc., 709 So.2d 187, 188 (Fla. 3d DCA 1998) (quoting Spence, Payne, Masington & Grossman, P.A. v. Philip M. Gerson, P.A., 483 So.2d 775, 777 (Fla. 3d DCA 1986) ). Instead, the words and actions of the principal must be the focus because apparent authority exists only where the principal creates the appearance of an agency relationship. SeeGuadagno v. Lifemark Hosps. of Fla., Inc., 972 So.2d 214, 218 (Fla. 3d DCA 2007); see alsoJackson Hewitt, Inc. v. Kaman, 100 So.3d 19, 31 (Fla. 2d DCA 2011) (“In considering a claim based on apparent authority, the inquiry properly focuses on the actions of or appearances created by the principal, not by the agent.”). However, any reliance by a third party on a purported agent's apparent authority must be reasonable. Regions Bank v. Maroone Chevrolet, L.L.C., 118 So.3d 251, 255 (Fla. 3d DCA 2013) (citing Izquierdo, 709 So.2d at 188); see alsoSterling Crest, Ltd. v. Blue Rock Partners Realty Group, LLC, 164 So.3d 1273, 1279 (Fla. 5th DCA 2015) (“Reliance *450 of a third party on the apparent authority of a principal's agent must be reasonable and rest in the actions of or appearances created by the principal, and not by agents who often ingeniously create an appearance of authority by their own acts.” (internal quotations and citations omitted) ).
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There seems to be more reasoned thought in this post than some of the more well publicized cases of the day.
 
Rickd said:
Nah ... pretty sure the pecking order is

ND
FSU
UNC
Clemson
Miami
the others in no particular order ... depending on the conference.

SEEMS that eventually (by 2030??) the P2 will each be 24 teams, they will grab the 5 listed above, maybe the top 2 programs in the B12 after filling in with several ACC schools, then the "leftovers" of the B12 and ACC might form a "national 2nd tier league" for games that will be broadcast as regional fill in games via streaming apps only.
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You’ve been all over this with the most reasonable takes. I agree with this “peaking order” and somewhat proves my point that Miami is lower on the totem pole than several others for any number of reasons that have been discussed here ad nauseum.
 
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Alex Del Piero said:
I agree with Mike here.

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Yeah I'm assuming this is the dream scenario for Dan, Rudy, and others.

Sit back and let the conference fall apart without really having to lift a finger while having conversations behind the scenes with B1G or SEC. Once the conference collapses then you make your move.

In hindsight, it may be a masterclass on how to upgrade conferences without having to do sh**.

But why does he have to publicly support the ACC in this and hype up our sh*tty conference? A "no comment" or "we're just waiting to see what happens" would be a much better approach.
 
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Gi0logy said:
Yeah I'm assuming this is the dream scenario for Dan, Rudy, and others.

Sit back and let the conference fall apart without really having to lift a finger while having conversations behind the scenes with B1G or SEC. Once the conference collapses then you make your move.

In hindsight, it may be a masterclass on how to upgrade conferences without having to do sh**.

But why does he have to publicly support the ACC in this and hype up our sh*tty conference? A "no comment" or "we're just waiting to see what happens" would be a much better approach.
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Exactly.

IMHO: Miami, unlike FSU-Clemson, doesn't have a P2 landing spot yet. Will we have one sooner or later? Yes, IMHO.
 
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