Legal precedent is not self-executing. We would need to go through our own process.
More importantly, and the factor that a lot of people are MISSING, is that the ACC will probably settle on a reduced penalty with F$U long before this actually goes to trial. Which is why Miami MUST become a co-litigant.
Because the ACC isn't settling with any school that isn't suing them.
Can anyone tell me which ACC school got a reduced payout 10 years ago BESIDES Maryland?
Some people really don't understand how lawsuits, settlements, and legal precedent work.
I'll bet money that the ACC will never let the F$U lawsuit BECOME legal precedent. The ACC will settle with FSU. And Miami will still be in the ACC. Unless we sue too.
If I remember correctly, Maryland had to pay $31 million to the conference instead of $52 million. There was also no grant of rights in effect then, they had voted against the increase in exit fees (that had tripled them) and then had immediately agreed to join the Big 10, so this was a case solely about money. No one else has tried to leave the ACC, and no one in any conference has tried to exit a GOR situation early, so there is no precedent when it comes to that and no reason for any other schools to sue the ACC until now. Maryland definitely saved some money by suing the ACC, but I'm not sure if that's a reason to view them as precedent. (You are 100% right about some lawyers not being all that bright, but that also applies to FSU, in addition to the NCAA, conferences, and other universities.)
This case has some important differences:
FSU is still a member of the conference without a (known) agreement to join another conference. There is a GOR in effect that was willingly signed by all involved parties. The amount of money involved is staggering (we're talking 10x as much in just over a decade, which in itself is crazy... that shows how much the almighty dollar has impacted -- I'd say for the worse -- college football). And the ACC is fighting for the survival of the conference. The ACC knew it couldn't keep Maryland and easily replaced them with Louisville, which most of us would say has been a competitive upgrade. If FSU leaves, the ACC as we know it is over with, and many other schools get left behind with very little chance to play with the big boys of college football going forward; I don't think the ACC has much incentive to settle unless it looks like they will lose their case.
I can see this ending one of four ways:
1) FSU loses its case and has to return to a conference that it has alienated and stay here until it can afford to pay the penalties involved with leaving the conference.
2) FSU loses/is losing its case and wants to leave so much that it pays a ton of money (maybe not the full $500+ million, but a negotiated amount close to that) to go elsewhere immediately... I think this is counterproductive, as even with a full invite to the Big Ten or SEC, it would take them many years to make up for that money.
3) The ACC is worried that it will lose the case and settles with FSU for an amount that might be around 30-50% of the required exit fees -- still a lot of money, but an easier pill to swallow.
4) The ACC loses and FSU is free to leave because the GOR and/or draconian exit fees are unenforceable.
The only way I think we should join this lawsuit is if we are desperate to leave the ACC, are willing to pay a significant amount of money to leave (not the full $500+ million, but still a substantial amount), and we think scenario #3 is going to happen. Otherwise, sit back and let FSU either go down in flames in court, OR if FSU wins, then other schools would be free leave with minor penalties or to challenge the GOR/exit fees in court using the same arguments.
I know this is a long post, but a side note here. If scenario #4 happens and courts rule that the ACC's GOR/massive penalties are unenforceable, this could create a major change and new instability for college football, just as NIL has done. If a GOR /massive penalties are unenforceable, what's to stop schools from moving conferences routinely, chasing money and new media deals when they have a good team or a ton of eyeballs watching? Any conference stability that's left could completely go away and the college sports landscape could look radically different in 10 years (and probably not for the better). It all depends on the nuances of the case and its results, of course, but I could see something like that as a possibility.
