Excellent read today re: Big IIX Commissioner's comments...

I fully agree with the second paragraph, cranky or not. But I don't think there is much of a chance of anyone else joining the league for next fall.

He wasn't allowed to be a hallway monitor in grammar school, so he's doing it now.

Ok legal brain trust, does this quote open the door to bring the big 12 into the lawsuit

There was an agreement by the conferences not to expand. All agreed. The Big East took no action in reliance upon that representation. The Big 12 did not keep it's end of the bargin.

Got it. I don't pretend to know whether or not the legislatures are clueless, or their voters are, in Big XII States. But you are probably right -- the cover will be used by legislatures as well who make up the funding deficits.

I do apologize for the harshness of the first sentence. But sheesh -- I still have trouble taking your statement seriusly. Over the last few months, we have read hundreds of threads on this board alone, as well as elsewhere, about how the litigation is about whether WVU can play in the Big XII next year. WVU can not decide that they will play in the Big XII no matter what. The courts will decide that.

LOL. And you shouldn't encourage me!

Despite Fishy's humor (I hope), my apology stands for whatever it's worth.

Whatever. We'll see how it all plays out. I just type my opinions. I don't get off on attacking people like some of you internet geniuses do. If you don't agree that's all you have to say and offer your own opinion. Some of you are incredibly full of yourselves.

So if a RI state court issues an injunction preventing WV from leaving for 2012, the school will honor that? Other internet attorneys (I guess) on other message boards seem to believe WV can defy any such ruling and ultimately pay whatever penalties that will follow. This seems to be the prevailing line of thought on pro-WV boards, I just wonder if it is wishful thinking? I imagine the RI court could then find WV in contempt, I just don't see how it can physically prevent WV from leaving.

I guess we have to hope our internet attorneys are right and theirs are wrong.

Biz, with all due respect, I really think this is not necessary. Whatever. I do enjoy your stuff, but I agree with the OP. There is something in all your wonderful legal analysis that you fail to consider: WV is crazy. Murder and rape are highly illegal. They happen. A lot. WV doesn't care what a court in RI or their own court says. Here is a comment from someone from WV under the cited article, that I think says it all:

"We’re just doing this because we want to and we know it’s against the rules but you can’t stop us. We can literally book a flight and abide by the Big XII schedule and not the Big East schedule. Will we be financially responsible for doing so? Absolutely. How much? Who knows.
WVU fans are so pleased with our movement to the Big XII that the financial aspect is secondary (especially since the Big XII board will likely pitch in). None of our fans EVER got excited for Rutgers, USF, Cincy, etc. Our biggest rival has even drawn yawns from some of our fans because they’ve been down for so long. Many don’t even care that we aren’t going to play them in the immediate years (because they’ll be in the ACC).
It has to be this way. WVU truly stuck out like a sore thumb in the Big East, a conference of metro colleges/universities.
by WVUColumbus on Jan 27, 2012 9:13 AM EST reply "

So. I think they're just going to do it. They are nuts. What is a RI court going to do? Fine them? Issue an injunction, and when they get off the plane in Norman or whereever it is, what is the judge going to do? If anyone in a position of power in WV had any sense at all, they would order the university to withdraw this lawsuit with an agreement to leave in 2013 and pay $20,000,000 in damages. The governor, or the chairman of the university, or someone. But they're not. That tells me they are crazy, and they are going to pay. How much is the only question. And there is going to be a quantifiable measure of damages: loss of BCS status due to insufficient number of teams, TV, etc. It's going to be over $20,000,000 in measurable damages, probably more like $40MM. So, they are crazy. All your legal reasoning is spot on. You reside in such a rational place - that you are unable even to imagine a world as crazy as the one WV lives in. But there is such a thing as "irrational" whether you get that or not. jmho.

And I want to add to my previous post. This will certainly lead to the end of the BCS that everyone now wants so badly. If the B12 does not put a stop to this, it will be dragged in. So will the BCS itself, if it expels the BE due to insufficient number of teams. The entire collusive structure will be torn apart over this. There may even be punitive damages, which would totally up the ante. WV is crazy enough to do this, and when they do, the damage to the BE, B12, any co-conspirator: ESPN perhaps, the BCS, is going to be enormous. So they will just eliminate the BCS to solve that particular problem.

And it includes the possibility of playing in the B12 regardless of any injunction. I just asssume this is better handled in Federal than state courts, so that any ruling may have more immediate implications throughout the various states that the BE and B12 conduct commerce.

One would hope. Maybe this is all a colossal posturing. Legally, their position is so lacking in merit that I cannot imagine the purpose of this lawsuit. They cannot win. If they don't know that, then they must be crazy. If they are crazy, then they are leaving . . . .

WVU is not crazy. Their counsel will advise them what the most likely maximum amount of damages will be and they will decide whether or not it is in their best interests to leave or stay based on that risk vs reward evaluation. That is assuming that a judge doesn't grant the BE's requested injunction and require WVU to perform specific performance of staying in the BE. I don't think anyone knows how any of that is going to turn out so the bottom line is we still don't know exactly what is going to be the final outcome.

Even if one buys West Virginia's claim of sovereign immunity from a Rhode Island court - and I'll leave it to the lawyers to comment on the merit of that - the Big 12 has no such immunity. One would expect that the minute they publish a schedule with WVU on it they will be added to the case for interfering with the contract between WVU and the Big East. It would actually give me some vicarious pleasure if they could film the look on Neinas' face when handed a ruling against the league for major $$$. Maybe we could get a lien on a healthy portion of those TV dollars that are driving most of their actions.

A Rhode Island judge could not enforce a specific enforcement decree against actors in West Virginia. A federal judge could. If a RI judge issues the order and it's being ignored by WVU, it should not be hard to get a federal judge to enforce it.

Message boards notwithstanding, it is hard for me to comprehend that WVU would ignore an injunction of a court. No amount of stridency by anonymous posters is going to get me to believe that the WVU President is willing to go to jail so WVU can leave early for the Big XII. But I guess we'll see.