The latest edition of the FSU Board of Trustees v. the Atlantic Coast Conference lawsuit commenced (this time) in Leon County, Florida.
What was scheduled to be an hour-and-a-half hearing turned into a six-hour affair.
Leon County Judge John C. Cooper – a Florida State graduate with a B.A. and a J.D. from the University – presides over the case.
He denied the ACC’s motion to stay but has yet to rule on the league’s motion to dismiss. The next hearing concerning the motion to dismiss will take place on April 22.
Judge Cooper seemed to favor the notion that under broad Florida public record laws, documents such as the hotly contested ESPN and ACC contract should be open to viewership in the state, but not necessarily other states such as North Carolina (where the ACC first filed suit).
That being said, Judge Cooper brought up the issue of “forum shopping” multiple times as they filed an anticipatory suit the day before FSU filed suit. Forum shopping is the practice of filing suit in a desirable court to gain an advantage according to that jurisdiction’s laws.
The ACC argues that this lawsuit should be held in North Carolina since it operates out of that state and should adhere to its laws.
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However, FSU attorney Peter Rush argues that despite the initial $572 million estimate it would take for the University to leave the conference and retain its media rights, it would cost closer to $700 million. Therefore, according to Rush, the decision regarding this case should come from the Sunshine State.
“This is Florida State’s money. This is Florida State’s team. This is Florida State’s media rights,” said Rush.
Perhaps the biggest development came regarding media rights. The ACC acknowledged that FSU could leave the conference by paying the $130-$140 million exit fee at any point but would lose its media rights. From there, FSU or another could liberate the University by purchasing the media rights from the ACC.
This is a developing story.
Stick with NoleGameday for more coverage of Florida State football throughout the spring.
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