WV to B12 7/1/2012?

[GRGB]

Marinatto said WVU will be held to the clause in Big East rules that requires schools to provide 27-month advance notice before they leave for another conference.

"West Virginia is fully aware that the Big East Conference is committed to enforcing the 27-month notification period for members who choose to leave the conference," the statement said.

Pittsburgh and Syracuse, who announced in September that they were leaving the Big East for the Atlantic Coast Conference, are also being held to that clause.

However, with the departure of WVU, which has been called "flagship" school of the conference, the Big East's future as a football conference is cast in doubt.

WVU Board of Governors chairman Drew Payne confirmed Friday the university will be out of the conference by next July.

"We've resigned as of June, 30, 2012, and we're accepted (in the Big 12) as of July 1, 2012," Payne said Friday afternoon.

http://www.dailymail.com/Sports/WVUSpor ... uild=cache

[BRStang]

Obviously, I do not know the in and outs, but I wonder if it is as simple as WVU saying "Okay, so what? Sue me?" They know that the Big East will have to go out and prove damages against WVU, which the BE must try to mitigate. Well, the Big East is going to mitigate its damages by accepting the 6 teams previously mentioned and either BYU or Temple. So, what damages will the Big East be able to prove against WVU? If the TV contract remains the same, or increases for that matter, it would seem the damage model may be not worth the time of a suit, and, at any rate, WVU knows the BE will have to prove it after years of litigation. WVU could be calling BE's bluff.

[GRGB]

Obviously, I do not know the in and outs, but I wonder if it is as simple as WVU saying "Okay, so what? Sue me?" They know that the Big East will have to go out and prove damages against WVU, which the BE must try to mitigate. Well, the Big East is going to mitigate its damages by accepting the 6 teams previously mentioned and either BYU or Temple. So, what damages will the Big East be able to prove against WVU? If the TV contract remains the same, or increases for that matter, it would seem the damage model may be not worth the time of a suit, and, at any rate, WVU knows the BE will have to prove it after years of litigation. WVU could be calling BE's bluff.

That's nice reverse analysis, but WV would be the one in Breach of Contract. They would have to show that the provision was such a minor part of the contract that it shouldnt be enforced - except one thing: this already happened to the Big East when the ACC invaded leaving the conference scrambling for members (remember they only had 5 teams left). So the remaining members inserted this provision for a bona fide, bargained-for reason - and WV was a founding signatory to that agreement's provision.

The damages are: If BE cannot get 7 football teams for next year, then they have serious damages (= no more NCAA conference by rule).

Further, You cannot make Syr and Pitt comply, but allow WV to move on. If you don't enforce it against WV, then Syr and Pitt are free to move on, too (Waiver).

BE could get an injunction against WV and the B12.

Furthermore, a suit for Tortious interference by the B12 of the contract bw BE and WV. Baylor/ISU/KU/KSU had the same reasoning against the SEC - but the SEC did not offer aTm until they withdrew first. Here, B12 offered WV with full knowledge of the 27-mth provision.

Clearly, since the b12 has already said they will be part of the 2012 season, they have contracted out of the 27-month part of the contract. Rumors state it could be $22 million worth of buy-out. Well, if it's a buy-out, then Pitt and Syr can fork over $22 million each, too. Or stay until 2014.

[BRStang]

Obviously, I do not know the in and outs, but I wonder if it is as simple as WVU saying "Okay, so what? Sue me?" They know that the Big East will have to go out and prove damages against WVU, which the BE must try to mitigate. Well, the Big East is going to mitigate its damages by accepting the 6 teams previously mentioned and either BYU or Temple. So, what damages will the Big East be able to prove against WVU? If the TV contract remains the same, or increases for that matter, it would seem the damage model may be not worth the time of a suit, and, at any rate, WVU knows the BE will have to prove it after years of litigation. WVU could be calling BE's bluff.

That's nice reverse analysis, but WV would be the one in Breach of Contract. They would have to show that the provision was such a minor part of the contract that it shouldnt be enforced - except one thing: this already happened to the Big East when the ACC invaded leaving the conference scrambling for members (remember they only had 5 teams left). So the remaining members inserted this provision for a bona fide, bargained-for reason - and WV was a founding signatory to that agreement's provision.

The damages are: If BE cannot get 7 football teams for next year, then they have serious damages (= no more NCAA conference by rule).

Further, You cannot make Syr and Pitt comply, but allow WV to move on. If you don't enforce it against WV, then Syr and Pitt are free to move on, too (Waiver).

BE could get an injunction against WV and the B12.

Furthermore, a suit for Tortious interference by the B12 of the contract bw BE and WV. Baylor/ISU/KU/KSU had the same reasoning against the SEC - but the SEC did not offer aTm until they withdrew first. Here, B12 offered WV with full knowledge of the 27-mth provision.

Clearly, since the b12 has already said they will be part of the 2012 season, they have contracted out of the 27-month part of the contract. Rumors state it could be $22 million worth of buy-out. Well, if it's a buy-out, then Pitt and Syr can fork over $22 million each, too. Or stay until 2014.

I'm not going to get into legal analysis anymore than I already have, and I was simply offering an explanation for what WVU might be thinking. There was no "reverse analysis." Yes, WVU would be the one in breach of contract, but the Big East would still have to prove damages. If the Big East gets 12 teams (and it would have to try to do so to mitigate its damages) AND only marginal monetary damage to the Big East results from WVU's premature departure, WVU may be comfortable letting the Big East sue it and paying whatever monetary judgment it gets a few years down the road, if it can do so. But, frankly, I really don't know what the hell WVU is thinking, and I really don't give a [gary patterson].

[smupony94]

Chuck Carlton
Regarding 2012 start date in Big 12, WVU president said his school and Big East are in talks "about how we make that happen.

[smupony94]

Chuck Carlton
Big 12 interim commissioner Chuck Neinas says WVU will be operating under same phased-in distribution as TCU.

[smupony94]

Chuck Carlton
West Virginia sent notice of withdrawal to Big East today along with a wire for $2.5M, half of the $5M exit fee.

[smupony94]

Chuck Carlton
RT @PeteThamelNYT: Big East puzzled by WVU's notion that they're negotiating an exit. They haven't talked about it. Don't plan to, either.

[whitwiki]

In other news, George Bush still doesn't care about black people. More details to follow.