Loyal Coug1 said:

Don't forget that the judge is a WSU grad. Although he is retiring at the end of this year. To be replaced by a Pullman attorney TBD.

Oh and Meister, my board is now quoting you as a crredible source that your tritors will still have a vote towards dissolution. Congratulations.

Whether you others can post there or not it is worth a laugh to read some of the posts over on my board. Basically I am the village idiot over there.

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lol. I've got to go back and read what I wrote.

Meister_Rebel said:

They probably filed the case in that little town of Colfax, WA. In the little tiny courthouse with a judge that lives a few short miles from Washington State University. And, he pretty much set up the Pac-2 with control of the conference and all the money. Gloria doesn't stand a chance. Just kidding.

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It has to be in Federal Court since.....not enough time to explain.

Meister_Rebel said:

They probably filed the case in that little town of Colfax, WA. In the little tiny courthouse with a judge that lives a few short miles from Washington State University. And, he pretty much set up the Pac-2 with control of the conference and all the money. Gloria doesn't stand a chance. Just kidding.

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Don't forget that the judge is a WSU grad. Although he is retiring at the end of this year. To be replaced by a Pullman attorney TBD.

Oh and Meister, my board is now quoting you as a credible source that your traitors will still have a vote towards dissolution. Congratulations.

Whether you others can post there or not it is worth a laugh to read some of the posts over on my board. Basically I am the village idiot over there.

oneepstein said:

I’m sure you’re a tremendous lawyer…

But with this many millions on the line you can bet both sides are hire really expensive lawyers.

An article I read had the quote from someone that “Billable hours are the #1 seed in conference realignment” and that stuck with me. The PAC2 can afford prolonged litigation that the MW cannot.

That comes into play big time.

As for UNLV I think they have a case separate from the traitor 4, and even Utah State, against having to pay the exit fee due to conference viability and survival. Multiple angles to be played there.

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Contract Law with a lawsuit regarding enforceability may cost a lot of money in attorney fees, but is not that difficult. The lawsuit in question does not seek money damages. It is what is called "declaratory relief." They just ask a judge to "say something." For example, they sue asking a judge to determine a certain provision is enforceable or that a contract exists. We know a contract exists because the complaint even admits as much.

They will present evidence to show why it shouldn't be enforceable. Namely "the MWC is already being compensated by the departure of their 5 schools." However, that $17M is to discourage the school from leaving and was a contract between the members schools of the MWC and the MWC. The poaching fees were a provision between the MWC and the Pac2. That provision was to discourage poaching and the Pac2 decided to poach. The end. Pac 2 knowingly entered into a contract they assisted in drafting. The 4 corners of the contract says "XYZ" so the contract shall enforce XYZ.

There is a possibility a judge says the provision is enforceable but that amount is excessive, I guess.

***EDIT The complaint says the provision should not be enforceable because the Pac2 was under duress and the MWC knew they needed games so they were forced into the contract. "Your honor, our ADs and Commissioner holding assets of $260M were forced into this contract. We didn't have a choice!!!!!!!!! We're just helpless schools who the big bad MWC forced into this contract. We can pay it, but we don't wanna because they made us do it."

Big problem with that argument. Duress is a defense to the formation of a contract not to its enforceability. So if they were under duress, they would be saying the contract wasn't even formed. This is a delay tactic and the complaint was filed with the hopes the MWC and Pac7 can mediate the fees to a lower amount. There is a VERY small chance they'd win in court with this complaint.

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reagan21 said:

The exit fees aren't at issue. The Pac2 has NOTHING to do with the them. They are between the school members and the MWC. The Pac2 wouldn't have standing to ask a court to make a provision between "the 4" and the MWC unenforceable. The 4 would have to sue since they are the potentially injured parties.

However, this lawsuit was brought by the Temu12. The provisions at issue are the Poaching Fees from a contract the Pac2 (and its 2 remaining members) entered with the MWC. Temu12 would have standing in this lawsuit. Pac are asking a court to not enforce the poaching provisions on the grounds the MWC is already being compensated enough by the $17M exit fees. That's dumb. The MWC and its members all signed the contract to remain in the conference for a specific amount of time. If they left, they pay a fine. Easy.

However, the Pac2 entered into a separate contract with the MWC to have Wazzu and the Beavs play their member schools for one season. Part of that contract was to discourage the Pac2 from poaching its members after the contract was done. The Pac2 agreed to pay $10M, $11M, $12M etc for each school it poached. That penalty may have protected the same outcome (i.e., money to MWX for losing its members) as the exit fees, but it protected against a different action from a different party (i.e. entering a contract with schools giving them an opportunity to lure them away to the Pac). The Pac2 assisted in the drafting of the contract, with their team of lawyers. They are a sophisticated party and will get little sympathy from a judge.

- Texted from a Nokia 5165

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They probably filed the case in that little town of Colfax, WA. In the little tiny courthouse with a judge that lives a few short miles from Washington State University. And, he pretty much set up the Pac-2 with control of the conference and all the money. Gloria doesn't stand a chance. Just kidding.

oneepstein said:

Bingo

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Yep....

This will make a great ESPN 30/30 one day.

Meister_Rebel said:

The PAC is feeling a bit feisty. No way they win this one. The contract gave them an option to merge and pay nothing. Ten months ago they signed this scheduling agreement. They need to own it.

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They know they will pay. They are just delaying.

reagan21 said:

The exit fees aren't at issue. The Pac2 has NOTHING to do with the them. They are between the school members and the MWC. The Pac2 wouldn't have standing to ask a court to make a provision between "the 4" and the MWC unenforceable. The 4 would have to sue since they are the potentially injured parties.

However, this lawsuit was brought by the Temu12. The provisions at issue are the Poaching Fees from a contract the Pac2 (and its 2 remaining members) entered with the MWC. Temu12 would have standing to ask a court to not enforce these provisions since the MWC is already being compensated enough by the $17M exit fees. That's dumb. The MWC and its members all signed the contract to remain in the conference for a specific amount of time. If they left, they pay a fine. Easy.

However, the Pac2 entered into a separate contract with the MWC to have Wazzu and the Beavs play their member schools for one season. Part of that contract was to discourage the Pac2 from poaching its members after the contract was done. The Pac2 agreed to pay $10M, $11M, $12M etc for each school it poached. That penalty protected may have protected the same outcome as the exit fees, but it protected against a different action from a different party. The Pac2 assisted in the drafting of the contract, with their team of lawyers. They are a sophisticated party and will get little sympathy from a judge.

- Texted from a Nokia 5165

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But it does tie up the money that Gloria is promising UNLV and AFA until it is settled though right?

My head hurts...

Bullmastiff 1 said:

There isn't any money to pay UNLV to stay because that money is about to get tied up in courts.

So Gloria can promise UNLV and AFA all kinds of things but she can't deliver until PAC money comes in.

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Bingo

reagan21 said:

Pac2+ signs contract with poaching fees.

Pac2+ sues MWC saying the poaching fee provisions are unenforceable.

Ok. I'm not that good of a lawyer and I could successfully defend that lawsuit with a typewriter and Nokia 5165.

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I’m sure you’re a tremendous lawyer…

But with this many millions on the line you can bet both sides are hire really expensive lawyers.

An article I read had the quote from someone that “Billable hours are the #1 seed in conference realignment” and that stuck with me. The PAC2 can afford prolonged litigation that the MW cannot.

That comes into play big time.

As for UNLV I think they have a case separate from the traitor 4, and even Utah State, against having to pay the exit fee due to conference viability and survival. Multiple angles to be played there.

The exit fees aren't at issue. The Pac2 has NOTHING to do with the them. They are between the school members and the MWC. The Pac2 wouldn't have standing to ask a court to make a provision between "the 4" and the MWC unenforceable. The 4 would have to sue since they are the potentially injured parties.

However, this lawsuit was brought by the Temu12. The provisions at issue are the Poaching Fees from a contract the Pac2 (and its 2 remaining members) entered with the MWC. Temu12 would have standing in this lawsuit. Pac are asking a court to not enforce the poaching provisions on the grounds the MWC is already being compensated enough by the $17M exit fees. That's dumb. The MWC and its members all signed the contract to remain in the conference for a specific amount of time. If they left, they pay a fine. Easy.

However, the Pac2 entered into a separate contract with the MWC to have Wazzu and the Beavs play their member schools for one season. Part of that contract was to discourage the Pac2 from poaching its members after the contract was done. The Pac2 agreed to pay $10M, $11M, $12M etc for each school it poached. That penalty may have protected the same outcome (i.e., money to MWX for losing its members) as the exit fees, but it protected against a different action from a different party (i.e. entering a contract with schools giving them an opportunity to lure them away to the Pac). The Pac2 assisted in the drafting of the contract, with their team of lawyers. They are a sophisticated party and will get little sympathy from a judge.

- Texted from a Nokia 5165

Bullmastiff 1 said:

There isn't any money to pay UNLV to stay because that money is about to get tied up in courts.

So Gloria can promise UNLV and AFA all kinds of things but she can't deliver until PAC money comes in.

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Gloria wasn't just promising she was guaranteeing. Bless her heart. Show me the money.

Buffel said:

With the Pac 7 suing the MWC this morning to not pay poaching fees there may be no money to pay rebels to stay

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There isn't any money to pay UNLV to stay because that money is about to get tied up in courts.

So Gloria can promise UNLV and AFA all kinds of things but she can't deliver until PAC money comes in.

Buffel said:

With the Pac 7 suing the MWC this morning to not pay poaching fees there may be no money to pay rebels to stay

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This was a little bit my point yesterday for the people wanting to “take the money”… there most likely won’t be nearly as much as thought.

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With the Pac 7 suing the MWC this morning to not pay poaching fees there may be no money to pay rebels to stay

I don't think they will get out of the poaching fees, but I do think the exit fees will get drastically reduced.
17-18 mil for a 5-6 mil per team payout with less than 2 years left? How does that work.
PAC 12 exiters only techinically paid half of their exit fees, + 1.5 mil per team just because the left the final 2 in such dire straights. The MW are screwed, but not down to 2 teams screwed, yet.

There was a drop by deJesus as well.

dcut03 said:

Perhaps, but the deep balls have been better than the short crossers.
Since his delivery is a bit lower the rising action is what makes it tougher to catch Longer throws the initial trajectory becomes pretty much inconsequential.

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I agree. He's actually thrown a lot of nice deep balls, including in the Kansas game. We just didn't connect. One of the RW stopped running and the ball landed right where he would have been if he kept running. Another one RW didn't see and it hit him right in the chest. I'd have to rewatch the game, but I feel like he had another 1 or 2 well thrown balls that would have resulted in big gains. We've had some big ones called back due to penalties also.

Meister_Rebel said:

The PAC is feeling a bit feisty. No way they win this one. The contract gave them an option to merge and pay nothing. Ten months ago they signed this scheduling agreement. They need to own it.

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That was before this new commissioner and her whole thing has been the previous Pac 12 commissioner wasn't doing his due diligence to the Pac 2 teams by signing that agreement. But I agree, she wants to blow up her competition instead of merging and when they said no and please pay us, she's saying agreement isn't tenable or fair.. the whole point was to keep this BS from happening in the first place so good luck..

j. spilotro said:

I think you’re right, at this point it’s more of adjusting to what is rather than trying to mechanically change something.

I just don’t see it in my mind - Sluka dropping back for steps and delivering a lofty soft sideline bomb perfectly in stride with White.

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Perhaps, but the deep balls have been better than the short crossers.
Since his delivery is a bit lower the rising action is what makes it tougher to catch Longer throws the initial trajectory becomes pretty much inconsequential.

Masked_rebel said:

Yes, but what if the Pac 12 $$ is a load of BS and what you get is essentially the same $$ and MWC schedule but at 18 million dollar cost, plus you get locked in with exit fees that definitely cost you a chance at the Big 12 in 5 years... because you know the Pac isn't going to just let teams walk away when next P4 alignment happens

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Not sure if that's true though. Ultimately, all of the schools being discussed want to find a way into the P4. Ideally, they would like the PAC to be considered a power conference again, but I'm not sure that will be the case. I don't know who decides that either. But if the B1G said, you know what, we want to add WSU and OSU to the conference to expand the footprint in the NW, you don't think that OSU/WSU would want a way out? I'm not saying that's going to happen, but just that, like us, they think highly of themselves and want to have options for the best future of their school in the future.