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Replies: 21
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Legend [18708]
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Judge orders FSU and ACC to mediation to over lawsuit.
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Apr 22, 2024, 5:00 PM
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The ACC may be fixing to crack !
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Letterman [261]
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Re: Judge orders FSU and ACC to mediation to over lawsuit.
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Apr 22, 2024, 5:07 PM
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There are already several thread on this. I don't see how mediation is going to help FSU leave. They are going to need something stronger than that to get out of the ACC. Getting the ACC together with FSU, Clemson, etc and sing kumbaya isn't going to settle anything
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Hall of Famer [22579]
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If the two parties agree...
Apr 23, 2024, 7:54 AM
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... to a settlement which says FSU can pay 150M to the ACC and leave the conference (and with no GOR) on June 30, 2025, then the mediation helped FSU leave the conference.
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Oculus Spirit [96982]
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All-TigerNet [13396]
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Re: Link to article...
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Apr 23, 2024, 8:27 AM
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So, that's the standard for the court unless it's a foreclosure. 👍🏼
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CU Guru [1927]
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I guess its better than a NO
Apr 22, 2024, 6:10 PM
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Athletic Dir [871]
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Well, technically he approved the ACC's motion to dismiss but gave FSU
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Apr 22, 2024, 6:55 PM
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7 days to amend the complaint to include more details as it's not sufficient yet. And he ordered mediation.
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All-In [25970]
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Re: Well, technically he approved the ACC's motion to dismiss but gave FSU
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Apr 22, 2024, 8:15 PM
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He told the ACC attorney, he was not going to dismiss a 500 million plus lawsuit over a technicality. Thus he allowed the amended complaint.
He is not going to rule in ACC favor to steal 500 million dollars from Florida taxpayers.
He told both parties they knew enough about the law suit that they knew the suit was about how much FSU had to pay to leave. So, the ACC wants X amount from FSU and FSU WANTS to pay a certain amount. That is what the law suit boils down to, so he told them to settle the suit(mediation). This law suit was always going to be settled. 95% are.
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Athletic Dir [871]
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It will not be settled during this mediation period.***
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Apr 22, 2024, 9:52 PM
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Orange Blooded [4095]
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Re: It will not be settled during this mediation period.***
Apr 22, 2024, 10:03 PM
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Both sides are already talking...........................
cough.............
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Legend [17924]
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Re: It will not be settled during this mediation period.***
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Apr 23, 2024, 7:12 AM
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The FSU lawyer, in some of his first statements, made note that the ACC has already provided three options for FSU to exit the ACC. And this was done before they were in court.
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CU Guru [1046]
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Re: It will not be settled during this mediation period.***
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Apr 23, 2024, 7:18 AM
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They've always had the option to leave. The GOR has never prevented anyone from leaving.
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Legend [19608]
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Trying to retain a schools media rights after they leave is certainly keeping
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Apr 23, 2024, 8:21 AM
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them from leaving. Use word salads to explain it away all you want but that's what it boils down to.
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CU Guru [1046]
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Re: Trying to retain a schools media rights after they leave is certainly keeping
Apr 23, 2024, 12:22 PM
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I understand that, but it's not word salad. It's an important distinction, because the argument here has been that a settlement is an alternative. A settlement has never been an "alternative." A settlement is the main function of the GOR.
The catch is that the owner of the GOR isn't obligated to take a lower settlement than the value of the rights that were granted.
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All-TigerNet [13396]
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Orange Blooded [2987]
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what is this nonsense?
Apr 22, 2024, 11:34 PM
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"The Seminoles are pushing to exit the ACC and explore a more lucrative landing spot, potentially the Big Ten Conference."
Me no likey
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Orange Blooded [2987]
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I have already mentioned my disdain
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Apr 22, 2024, 11:53 PM
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I do not want to join another conference with more fake grass, fake dirt, fake everything in all other sports (aka ND). I would but that in ALL CAPS but I do not feel it reach any higher.
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All-TigerNet [10956]
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Re: what is this nonsense?
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Apr 23, 2024, 8:56 AM
[ in reply to what is this nonsense? ] |
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I don't see it either. I know the Seminole fans blame ESPN and the ACC for the playoff snub and want to leave both for FOX badly but I just don't see the Big 10 taking FSU or Clemson. If anything ESPN negotiates a way to move both to the SEC.
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Hall of Famer [22579]
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Florida law.
Apr 23, 2024, 7:51 AM
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Mediation is required by Florida law in all civil cases.
A brief primer, as it was explained to me by an attorney.
1. Mediation is not arbitration. The two sides do not have to come to an agreement. The mediator does not have the legal power to decide on a settlement. Mediation is the two sides sitting down with a mediator and trying to come to a mutually agreed upon settlement.
2. The logic of mediation is it is far less expensive than a trial in most cases. Example: If the case is over a claim of 200K it would make financial sense to mediate than to go to trial and pay lawyers from each side 100K in legal fees so no matter who won, the lawyers would get all the money. This case is worth potentially 500M so mediation may be more difficult.
3. This judge made it clear on the first day in court that he likes mediation and he likes it early. (He made the comment that he has served as a mediator in the past.)
That's the gist of mediation in civil cases in Florida. Now, here is some analysis of this particular case.
Some judges wait until after discovery to order mediation. the logic is if you know what the other side has against you, you are more likely to settle rather than make all that info public. Apparently this judge likes to start the process before discovery and let it run parallel to discovery. Just the threat of discovery may be enough to get both parties to come to an agreement.
Now, here is a question I haven't seen the answer to: The judge has not even ruled on the ACC request to dismiss the case. He is not expected to do so, but if he does there will be no case in Florida. The judge will have agreed with the ACC saying the case should be tried in NC. So my question is, "How can he order th two sides to mediation when he hasn't even decided he should even hear the case?"
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Legend [19608]
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Re: Florida law.
Apr 23, 2024, 8:26 AM
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I think he and both parties very well know he's going to deny the ACC's motion to dismiss and he would have already if not for the semantics in the pleading. If he denies now, the ACC will just appeal and win and it starts over. He wants to avoid that. I think the mediation order is just preemptive to ready both sides to get it done within 120 days from the new hearing. (note, he changed the order from 90 to 120 days due to the extension on the amendment.)
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Head Coach [772]
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Re: Judge orders FSU and ACC to mediation to over lawsuit.
Apr 23, 2024, 8:09 AM
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That's not what happened!
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Orange Blooded [4886]
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Re: Judge orders FSU and ACC to mediation to over lawsuit.
Apr 23, 2024, 11:06 AM
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What about the Clemson law suit in this?
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