Will Clemson get ruling on its grant of rights deal with ACC without trial? Here's what we know
CLEMSON — It's been nearly three months since Clemson and the Atlantic Coast Conference have been engaged in litigation against each other.
After receiving an unredacted copy of the ACC and ESPN's contract after an interim ruling, Clemson filed a motion for partial summary judgment on May 30 regarding its grant of rights with the conference. Partial summary judgment is when a judge rules on certain factual issues in a case while leaving other matters to be determined during a trial.
The university is seeking a declaration from the court that the ACC does not own the right to produce and distribute games played by Clemson if it ceases to be a member of the conference. Clemson wants a hearing by July 12, and the ACC filed a motion to object to Clemson's request on June 14.
The legal battle started after Clemson filed their initial complaint against the ACC in Pickens County, South Carolina, over the conference's grant of rights deal and withdrawal penalty on March 19. The ACC responded a day later with its countersuit in Mecklenburg County, North Carolina. Both parties have also exchanged motions to dismiss each other's complaints.
Why does Clemson want to expedite the ruling over the grant of rights?
Clemson's arguments are heavily redacted because it references the ACC-ESPN agreements, which were submitted under seal as an exhibit. The university argues the contracts are "clear and unambiguous," and it only needs the court to rule on the language of the contract.
With the copy of the ACC-ESPN agreements, Clemson is leveraging the documents for a faster ruling over its grant-of-rights deal. This is crucial since the university and the conference have cases in two different jurisdictions.
If Clemson's motion for partial summary judgment is successful, it would allow Clemson's complaint in South Carolina to get the first ruling on the grant-of-rights issue before the ACC's complaint in North Carolina.
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Why did the ACC object to Clemson's motion for partial summary judgment?
The conference argued there should be a ruling on the ACC’s motion to dismiss first before the court rules on Clemson's request. The ACC added if its motion to dismiss is denied, it has to file an answer (a defendant's written response to a plaintiff's initial court filing) before the university's motion.
The hearing on the ACC's motion to dismiss is scheduled for July 12, and Clemson wants its motion heard by that date. The conference argues it "has not found an opinion where a court ruled on a motion for summary judgment before a defendant filed an answer," and it has not seen "a trial court decide on a motion for summary judgment during the same hearing it addressed a motion to dismiss for lack of jurisdiction."
What will the end result be?
ACC commissioner Jim Phillips called Florida State and Clemson's litigation against the conference "disruptive" and "harmful" at this year's spring meetings in May. Yet, he believes the relationship can be salvaged as the ACC and both schools have remained cordial throughout. FSU and Clemson have not exited the conference either, with the deadline to notify the conference to do so being Aug. 15.
While going to a full trial is an option, the likely endgame will be a settlement for all parties. As attorney Kevin Paule said, Clemson and FSU's lawsuits could be a way to negotiate a reduced exit fee or a settlement. If Clemson's motion for partial summary judgment is successful, the university would have leverage over the ACC, which could make the conference more willing to discuss settlement options.
Derrian Carter covers Clemson athletics for The Greenville News and the USA TODAY Network. Email him at dcarter@gannett.com and follow him on X, formerly known as Twitter, @DerrianCarter00
This article originally appeared on Greenville News: What we know about Clemson's lawsuit vs ACC in South Carolina
