'Millions needlessly spent': FSU asks judge to decide on some issues in case vs. ACC
Florida State University says millions of dollars are "needlessly being consumed" as the school seeks a decision in its lawsuit against Atlantic Coast Conference in Leon County.
In a 574-page filing this week, the school asked for partial summary judgment in its case against the ACC, claiming Tallahassee-based Circuit Judge John C. Cooper has heard enough to decide the dispute over media rights.
A partial summary judgment is a court ruling on some issues in a case while leaving others for trial.
The case has been ongoing since December when FSU sued the conference over its media rights deal. The filing came a day after the ACC sued FSU in North Carolina for a breach of contract, leading to dueling lawsuits in two states. FSU has argued the nearly billion-dollar exit fee and forfeited revenue cost of leaving the ACC is unenforceable.
In the recent filing, FSU maintains its argument that the ACC would not own its media rights if the school leaves the athletic conference, citing its "Grant of Rights" deal for its claim.
There are redacted portions of the document where specifics of the agreement are discussed, but FSU contends its media rights are not "necessary" for the conference to abide by the ESPN agreement: "The recently-produced 2016 ESPN agreements expose that the ACC has no rights to FSU home games played after it leaves the conference."
"Because the 2016 ESPN agreements exclude such games, ‘rights’ to them were never ‘necessary’ for the ACC ‘to perform’ its ‘contractual obligations’ to ESPN ‘expressly set forth in the ESPN agreements;’ thus rights to those games were never granted to the ACC under the 2016 Amended Grant of Rights."
The filing also asks for summary judgment, meaning winning an issue without a trial, on what the school claims was the ACC's breach of contract when it sued FSU without the required number of votes from member institutions. It also asks for judgment on the conference's exit fee.
Both FSU and the ACC entered court-ordered mediation talks but did not come to an initial agreement, according to an Aug. 20 court filing.
What is the status of the other FSU vs. the ACC lawsuits?
In the ACC's appeals case in the Florida 1st District Court of Appeals, both legal teams provided oral arguments to a panel of three judges on Sep. 11, with no timetable given on the ruling of the ACC's appeal of Judge Cooper's rulings.
In April, Florida Attorney General Ashley Moody filed a lawsuit against the conference demanding the media contracts, Grant of Rights and ESPN agreement be revealed in accordance with Florida public records law. The case has since been dropped by Moody as she received and released heavily redacted copies of the ACC-ESPN agreement in August.
In May, FSU filed a nearly 600-page complaint in North Carolina asking for the state's supreme court to review the April decision given by the judge there. The petition asks for a writ of certiorari, a formal request for the court to review a case for error or a violation. The ACC responded to FSU's appeal, saying FSU's appeal "fails on its face" because it doesn't show that the court's decision was “patently arbitrary."
Liam Rooney covers Florida State athletics for the Tallahassee Democrat. Contact him via email at LRooney@gannett.com or on Twitter @__liamrooney
This article originally appeared on Tallahassee Democrat: Florida State files for partial summary judgment in lawsuit vs. ACC