Houston Chronicle exclusive: Texas, Oklahoma reach out to SEC about joining conference.

[BlueDogs]

So… no ascertainable damages.

Not exactly.

 

[CL82]

Not exactly.

Yeah pretty much.

 

[BlueDogs]

Yeah pretty much.

Nope. There are wrongful acts which are grounded in legally recognizable causes of action and damages are intended to compensate for loss or injury which arises from it. Your question was whether damages are ascertainable ( i.e., whether damages are quantifiable or calculable). If the harm is calculable on a reasonable economic basis, as has been done in many tortious interference and unfair trade practices cases, then it is a ascertainable. Provable is a different animal. Provable means whether it can be established by a preponderance of the evidence that the loss or harm as alleged was proximately caused by the wrongful act. You can’t conflate the two. Also, in cases where damages are difficult to calculate equitable relief is available in the form of injunctions.

 

[CL82]

Nope. There are wrongful acts which are grounded in legally recognizable causes of action and damages are intended to compensate for loss or injury which arises from it. Your question was whether damages are ascertainable ( i.e., whether damages are quantifiable or calculable). If the harm is calculable on a reasonable economic basis, as has been done in many tortious interference and unfair trade practices cases, then it is a ascertainable. Provable is a different animal. Provable means whether it can be established by a preponderance of the evidence that the loss or harm as alleged was proximately caused by the wrongful act. You can’t conflate the two. Also, in cases where damages are difficult to calculate equitable relief is available in the form of injunctions.

You are missing the point. Bowlsby said he had evidence of one more attempts by ESPN to get members schools to leave after OU and Texas. No schools left. How was the Big 12 damaged by the alleged tampering? You still haven't answered that question.

 

[DoctorWho85]

If Clemson and FSU or ND join the SEC, that pretty much forces the B1G to expand. I like our chances if that happens.

 

[BlueDogs]

You are missing the point. Bowlsby said he had evidence of one more attempts by ESPN to get members schools to leave after OU and Texas. No schools left. How was the Big 12 damaged by the alleged tampering? You still haven't answered that question.

i give.

 

[CL82]

If Clemson and FSU or ND join the SEC, that pretty much forces the B1G to expand. I like our chances if that happens.

I don't, at least for the B1G, but do for the ACC.

Personally, I'd like to see FSU and Clemson leave, not only because it creates a potential opening for UConn but because I'd like to see the efficacy of GORs established. That litigation would be a popcorn moment of a sort since it is underpinning the stability of conferences right now.

 

[UConnJim]

I don't, at least for the B1G, but do for the ACC.

Personally, I'd like to see FSU and Clemson leave, not only because it creates a potential opening for UConn but because I'd like to see the efficacy of GORs established. That litigation would be a popcorn moment of a sort since it is underpinning the stability of conferences right now.

End of the day, if ACC schools could move, would they move? In 15 years, will the ACC teams be the same as we see today? How long can the top ACC schools afford to get paid less than peer schools?
With the exception of the core 8 ACC schools (FSU is a relative newcomer) there is not much history among the schools. All of this points to LT instability.

 

[John]

Report: Big 12 to meet with Pac-12 to discuss alliance options

The conferences could join forces in some fashion as the Big 12 looks to navigate a future without Oklahoma and Texas.

www.yahoo.com

 

[DoctorWho85]

I don't, at least for the B1G, but do for the ACC.

Personally, I'd like to see FSU and Clemson leave, not only because it creates a potential opening for UConn but because I'd like to see the efficacy of GORs established. That litigation would be a popcorn moment of a sort since it is underpinning the stability of conferences right now.

Let's say both conference came calling, B1G moves the arrow for more fan interest. Outside of UNC and Duke they're a pretty lackluster basketball conference as of late. B1G is better across the board in all sports. PLus it's significantly more money. I'd rather see UConn play Michigan, MSU, OSU, Indiana, Illinois and Purdue every year than Syracuse, UNC, Louisville, Pitt and tobacco road.

 

[CL82]

Let's say both conference came calling, B1G moves the arrow for more fan interest. Outside of UNC and Duke they're a pretty lackluster basketball conference as of late. B1G is better across the board in all sports. PLus it's significantly more money. I'd rather see UConn play Michigan, MSU, OSU, Indiana, Illinois and Purdue every year than Syracuse, UNC, Louisville, Pitt and tobacco road.

I would rather be in the Big 10 both for money, but mostly for the stability, since I think they will be one the last conferences standing. I do, however, think that the fact that we are not AAU makes it unlikely that we would get an invite from the B1G.

 

[John]

Let's say both conference came calling, B1G moves the arrow for more fan interest. Outside of UNC and Duke they're a pretty lackluster basketball conference as of late. B1G is better across the board in all sports. PLus it's significantly more money. I'd rather see UConn play Michigan, MSU, OSU, Indiana, Illinois and Purdue every year than Syracuse, UNC, Louisville, Pitt and tobacco road.

Big10, no question.

 

[uconndogs]

BiG has to go PAC next. I would think 2 or 4 with USC being one of them.

 

[John]

SI reporting Clemsuxs and Free Shoes University have reached out to SEC about joining.

Clemson, Florida State Reach Out to SEC About Joining Conference (Report)

The news could be problematic for the ACC and potentially Syracuse.

www.si.com

 

[#1 PA Husky Fan]

BiG has to go PAC next. I would think 2 or 4 with USC being one of them.

The SEC moves (UT, OU, FSU, Clemson) make sense geographically with mostly contiguous states. It doesn't seem to make sense from a geography perspective that the BIG 10 add PAC 12 teams. It would seem that they would potentially look to UVa, UNC, if the ACC loses FSU and Clemson. Maybe even UConn to lock up the full NE quadrant.

 

[Storrs South]

 

[Ajs120102]

They certainly aren’t acting like a school imminently getting invited. Especially with that Twitter post trying to advertise themselves.

 

[Storrs South]

They certainly aren’t acting like a school imminently getting invited. Especially with that Twitter post trying to advertise themselves.

Agreed. Thinking back to all the marketing that was done by BXII candidates 5 years ago, it definitely does not feel like it.

To be honest, I question Vernon's credibility since he seems to have crossed over from journalist to fan on this topic.

You aren't sending tweets out like this if you are speaking with sources that can confirm something is happening. It reads like a Boneyard post.

I could be wrong and he does have something on this but it feels off.

 

[Ajs120102]

Agreed. Thinking back to all the marketing that was done by BXII candidates 5 years ago, it definitely does not feel like it.

To be honest, I question Vernon's credibility since he seems to have crossed over from journalist to fan on this topic.

You aren't sending tweets out like this if you are speaking with sources that can confirm something is happening. It reads like a Boneyard post.

I could be wrong and he does have something on this but it feels off.

When he posts a “let me clarify” tweet, it means he doesn’t wanna take any heat if he’s wrong. No possible way it would move this quick. Big ten wouldn’t wanna jump on this. I expect some denials really quick. I’m sure they are working hard to join I don’t know how hard the big 10 is.

 

[Storrs South]

 

[sub legacy]

 

[uconnric]

Well, you asked how to calculate damages, and I told you. Tortious interference is not hard to prove. The elements are: (1) the existence of a valid and enforceable contract between plaintiff and another (yes); (2) defendant’s awareness of the contractual relationship )yes); (3) defendant’s intentional and unjustified inducement of a breach of the contract (alleged by Big12 ); (4) a breach by the other party caused by defendant’s wrongful conduct (not yet ripe), but ; and (5) damages ( seems eminently provable). ESPN would want to hang their hat on No. 4, which is why Texas and OU have publicly said they are sticking around through end of term. The OSU situation appears to another case, which in concert with the Texas and OU situation, raise the question whether there is a potential RICO case. Beyond tortuous interference, claims based upon unfair trade practices and fraud in the inducement (possibly going back to ESPN paying up to dissuade the Big12 from expanding ) might also be in play. Obviously, until more info is known, it is difficult to say ESPN did something wrongful, though the optics do not look great.

Thanks for the refresher. Conjecture is not proof.

 

[BlueDogs]

Thanks for the refresher. Conjecture is not proof.

True. The optics don’t look great, but ESPN has done nothing wrong unless it can be proven. I find it hard to believe they were not disciplined enough to stay within their right to commence negotiations about matters outside the term of the contract in effect. Their lawyers are too good to let that happen.

 

[zls44]

True. The optics don’t look great, but ESPN has done nothing wrong unless it can be proven. I find it hard to believe they were not disciplined enough to stay within their right to commence negotiations about matters outside the term of the contract in effect. Their lawyers are too good to let that happen.

The legal team of the Walt Disney Company, UT and OU is on one side.

The legal team of TCU and Kansas State is on the other.

I know which one I think has better lawyers.

 

[zls44]

Also, shoutout to John Swofford for that absolute joke of a TV deal he walked out the door into retirement signing, an amazing albatross around the ACC's neck. Much obliged!