Sun Belt or C-USA this Fall?

[Yosef84]

The whole issue of whether the SunBelt could be sued seems iffy to me, but I'm no attorney. The SunBelt has no contractual obligation with CUSA. Seems like this is similar to an employee who violates an employment contract, and the old employer tries to sue the new one for hiring an individual. I'm no attorney though...in this country you can sue anyone for almost anything. The question is whether they could win. I don't think CUSA has deep pockets to throw money around though.

I also think the publishing of a schedule months after being told of an intended exit, and the week after a formal announcement is given...combined with refusal to negotiate is a recipe for a weak case. They've made zero effort to mitigate damages and in doing that, their attempt to quantify damages is not strong.

[Rick83]

I'm no attorney but I believe the Sun Belt could be accused of "tortious interference." Where one intentionally tries to interfere with someone else's contractual obligations and the other party is damaged....but again...I'm no attorney.

[Yosef84]

I'm no attorney but I believe the Sun Belt could be accused of "tortious interference." Where one intentionally tries to interfere with someone else's contractual obligations and the other party is damaged....but again...I'm no attorney.

Maybe so. I've seen the discussions on other boards. Generally though, we would have had to offer incentives or taken initiative to bring about the breach. I would guess that if 10 attorneys reviewed this situation, you'd get 10 different perspectives...heavily influenced by who was paying their bill.

[WVAPPeer]

Where is Gonzo when we need him?

[TheMoody1]

According to what I have read, CUSA would have to file seperate suits in the state courts of each school. I also see, where some believe, the three schools are going to file first to make CUSA do something to get the ball rolling.

[bcoach]

Many times it is not whether you win or lose but the cost to defend yourself. I trust they are not putting out a schedule yet for a reason.

[APPdiesel]

They have not put out a schedule yet because they historically put out schedules on March 1st.

[bcoach]

Many times it is not whether you win or lose but the cost to defend yourself. I trust they are not putting out a schedule yet for a reason.

Well then we should soon know.

[TheMoody1]

Looks like Marshall files the first law suit.

https://theathletic.com/news/marshall-s ... 8WACIDkxp/

[postalapp90]

Hope this plays out quickly. I don't see the sun belt putting put a schedule until the conclusion of this crap. Surely behind closed doors they will have 2 different schedules to deal with the potential outcomes.

[AtlAppMan]

Looks like Marshall files the first law suit.

https://theathletic.com/news/marshall-s ... 8WACIDkxp/

From the article linked.
Marshall’s lawsuit cites four counts.
1. Marshall has sovereign immunity as a public school.
2. States that the arbitration bylaw did not exist when Marshall joined the league in 2003 and that it never signed on to it.
3. Argues that the arbitration clause only applies to current, former, suspended or expelled members and not “withdrawing members.”
4. Is a request for injunctive relief to stall C-USA’s arbitration demand and that Marshall will suffer “actual, imminent, immediate and irreparable harm” without it.

This appears directed towards the notion of arbitration and clearly Marshall isn't interested in it. They would rather take their chances in a courtroom. Seems to me that item #2 would act as a Grandfather clause and would seem like a strong argument from Marshall's perspective. This may be hard for CUSA to bypass.

Bottomline is they are all leaving in summer of 2022, the only question will be how will the monetary settlement look. Schools want out for free, CUSA wants their full exit fee. Logically/historically they will land somewhere in the middle based on the merits of their respective positions. Will all three end up with same deal or will each have their own due to their duration of time in CUSA which may impact their respective arguments.

[TheMoody1]

Looks like Marshall files the first law suit.

https://theathletic.com/news/marshall-s ... 8WACIDkxp/

From the article linked.
Marshall’s lawsuit cites four counts.
1. Marshall has sovereign immunity as a public school.
2. States that the arbitration bylaw did not exist when Marshall joined the league in 2003 and that it never signed on to it.
3. Argues that the arbitration clause only applies to current, former, suspended or expelled members and not “withdrawing members.”
4. Is a request for injunctive relief to stall C-USA’s arbitration demand and that Marshall will suffer “actual, imminent, immediate and irreparable harm” without it.

This appears directed towards the notion of arbitration and clearly Marshall isn't interested in it. They would rather take their chances in a courtroom. Seems to me that item #2 would act as a Grandfather clause and would seem like a strong argument from Marshall's perspective. This may be hard for CUSA to bypass.

Bottomline is they are all leaving in summer of 2022, the only question will be how will the monetary settlement look. Schools want out for free, CUSA wants their full exit fee. Logically/historically they will land somewhere in the middle based on the merits of their respective positions. Will all three end up with same deal or will each have their own due to their duration of time in CUSA which may impact their respective arguments.

From what I have read, I think all three schools are prepared to pay somewhere in the 1.5 to 2 million range. CUSA seems to think they can get more.

[T-Dog]

Here's the Marshall vs CUSA lawsuit in its entirety.

And the exhibits, mainly the CUSA bylaws.

[Gonzo]

Where is Gonzo when we need him?

I don't know much at all about arbitration and corporate/public school law suits. I haven't had time to read Marshall's suit yet either.

When I finally have time to catch up on the info I'll probably be relying on media reports like everyone else.

[AtlAppMan]

Looks like Marshall files the first law suit.

https://theathletic.com/news/marshall-s ... 8WACIDkxp/

From the article linked.
Marshall’s lawsuit cites four counts.
1. Marshall has sovereign immunity as a public school.
2. States that the arbitration bylaw did not exist when Marshall joined the league in 2003 and that it never signed on to it.
3. Argues that the arbitration clause only applies to current, former, suspended or expelled members and not “withdrawing members.”
4. Is a request for injunctive relief to stall C-USA’s arbitration demand and that Marshall will suffer “actual, imminent, immediate and irreparable harm” without it.

This appears directed towards the notion of arbitration and clearly Marshall isn't interested in it. They would rather take their chances in a courtroom. Seems to me that item #2 would act as a Grandfather clause and would seem like a strong argument from Marshall's perspective. This may be hard for CUSA to bypass.

Bottomline is they are all leaving in summer of 2022, the only question will be how will the monetary settlement look. Schools want out for free, CUSA wants their full exit fee. Logically/historically they will land somewhere in the middle based on the merits of their respective positions. Will all three end up with same deal or will each have their own due to their duration of time in CUSA which may impact their respective arguments.

From what I have read, I think all three schools are prepared to pay somewhere in the 1.5 to 2 million range. CUSA seems to think they can get more.

I probably should have said the schools want to minimize their payment and think they have a reasonable number in mind (as you said above, I was being a little facetious), and CUSA wants to get a lot more (IMO extort/punish them for leaving early).

[bcoach]

The schools should pay no more than what the contract says, but should also pay no less. A contract is a legal agreement, not a suggestion.

[TheMoody1]

The schools should pay no more than what the contract says, but should also pay no less. A contract is a legal agreement, not a suggestion.

There is no contractually stated amount. That is why the three schools tried to negotiate but CUSA refused. Now CUSA wants arbitration in Texas. That is why Marshall filed a suit in WV.

[bcoach]

The schools should pay no more than what the contract says, but should also pay no less. A contract is a legal agreement, not a suggestion.

There is no contractually stated amount. That is why the three schools tried to negotiate but CUSA refused. Now CUSA wants arbitration in Texas. That is why Marshall filed a suit in WV.

Ok I stand corrected. They should do no more than what is called for but also no less. Just live up to the agreement.

[bcoach]

Marshall has been granted a temp restraining order against CUSA.

[BambooRdApp]

Does that mean that CUSA cannot come within 100 yards of campus or the risk of being arrested?