WVU files motion to dismiss Big East lawsuit

[skyscraper]

http://wvgazette.com/Sports/WVU/201111290269

West Virginia University has sent a motion to dismiss the Big East's lawsuit against the school to the Providence County (R.I.) Superior Court.

The court's clerk office was unable to confirm the filing was made Tuesday. If it was not, the motion is expected to be filed today.

According to a copy of the motion, acquired Tuesday by the Gazette, WVU is claiming the lawsuit should be dismissed for four reasons, the primary that "neither the Rhode Island Long-Arm Statute ... nor Rule 4 of the Superior Court Rules of Civil Procedure contemplate or authorize the Court's assertion of jurisdiction over WVU."

The school's lawyers are basically claiming Rhode Island's court doesn't have jurisdiction over the state of West Virginia. They are claiming West Virginia University as an agency of the state.

"Principles of comity require the Court to dismiss this action in recognition of WVU's sovereign immunity, as an instrumentality of the State of West Virginia," reads the motion. It later calls WVU "an alter ego of the State of West Virginia."

[Dutch]

next week

[NY Pony]

West Virginia's Ego:


West Virginia's Alter-ego:

[Dutch]

[The PonyGrad]

Basically sounds like "we got nothing" so they are going for the procedural hail mary.

[SMU 86]

Maybe the Big East should file a motion to dismiss the WVU lawsuit.

[smupony94]

http://themidnightyell.blogspot.com/201 ... rking.html

[The PonyGrad]

http://themidnightyell.blogspot.com/2011/11/dan-beebe-email-states-foxespn-working.html

Wow, all the whining and speculating seems to have been quite accurate, even more overt that many thought. There seems cause for anti-trust action (I say not being a lawyer.)

[Kynd Tulsa Phan]

WVU will play in the Big 12 next year.

Louisville will play in 2013

[ponyinNC]

Antitrust laws frown upon collective actions among competitors that are not needed to create new products or that make it harder for new competitors to enter the market.

[maize'n'blue]

I keep saying just win baby and get the Big 12 invite that you actually want . Nobody listens to me though. You guys Basketball team would get to play Georgetown and Villanova and yeah those are schools your size but this is ALL about football Bowl money. Why not stick it out keep getting better and earn a trip to a BCS game yourselves, maybe 2 times as you call them Cougar High is about to. I don't see anybody from the MAC screaming to defect, maybe because they have an effective TV package and are willing to play Football in Prime Time on any weeknight. All you want is to be relavant again then I hear your OWN fans calling many of you out for not going out of your minds cheering when the Defense needs your help, etc.... Go ahead and join the dumpster fire that is the Big East, it'll cost you .

[StallionsModelT]

Not a snowball's chance of a Big 12 invite for us. We offer them absolutely nothing they don't already have. Our best bet is to try like hell to keep the Big East intact. If that means plugging gaps after Louisville and Cincinnati leave then we will cross that bridge when we get to it. But that is our best, and most likely only, shot at AQ.

[redpony]

They can't leave before 27 mos. after giving notice. That would give the conference about 3 yrs to get settled and look for some schools that want to be part of a major conference.
Cincy, l'ville and wva will just end up being doormats for OU and Okie St.

GO PONIES!!!

[maize'n'blue]

Not a snowball's chance of a Big 12 invite for us. We offer them absolutely nothing they don't already have. Our best bet is to try like hell to keep the Big East intact. If that means plugging gaps after Louisville and Cincinnati leave then we will cross that bridge when we get to it. But that is our best, and most likely only, shot at AQ.

Dude, to anybody other than an SMU alum, do you guys understand just how insane you sound? Memphis is a LEGIT Big East grab, they have the hoops tradition, it's a BASKETBALL LEAGUE. It would benefit them for more than 2 years when the big boys and Bowl commisions take the big games back. All of their football powers are GONE, the only prayer that the BE has to get Big Bowl clout when the BCS resolves is IF the Bowls stop having Notre Dame clauses. NOT GONNA HAPPEN. Win now, win tomorrow win the next day and keep on winning, it might take 10 years and you are gonna have to beat A+M and Tech. Etc... Central Michigan has beaten Michigan State 3 of the 6 times they have played all of which within the last 20 years and ALL at Spartan Stadium. They aren't screaming Big Ten. Not even when they took Purdue to the wall in a Bowl game about 3 years ago did they scream Big Ten. However the Spartans are coming to Mt Pleasant Next year.... No kidding. They are our version of A+M. The Aggies coming to Ford anytime soon?

[GoRedGoBlue]

It depends on the venue of the Big East.

According to the Bylaws, the Conference is governed by the "Amended and Restated Articles of Incorporation", filed in the State of Rhode Island.

I bet somewhere in there is a venue clause.

The WV suit in kangaroo court is easy to get to Federal Court - just add the remaining conference schools. Rutgers is surely an "alter ego" of New Jersey. Thus, Rutgers is suing WV - in federal court.