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re: Maryland sues the ACC

Posted on 1/19/13 at 4:10 am to
Posted by TJGator1215
FL/TN
Member since Sep 2011
14174 posts
Posted on 1/19/13 at 4:10 am to
If the $52M exit fee is struck down it doesn't matter. Not a lawyer, but if Maryland wins the exit fee would mostly likely be reduced to the original exit fee that they agreed to. It would be funny if the ACC collapsed along with the BE.
Posted by Baloo
Formerly MDGeaux
Member since Sep 2003
49645 posts
Posted on 1/19/13 at 9:50 am to
quote:

Not a lawyer, but if Maryland wins the exit fee would mostly likely be reduced to the original exit fee that they agreed to.

Antitrust complicates things, but as a contract suit, Maryland is almost certainly going to win. A fee for breach of contract cannot be punitive, and it must be tied to economic losses. You can't just conjure a huge exit fee like that. IT'll probably get negotiated down in settlement talks to $15-20 million or so, and then everyone walks away happy. The ACC still has an exit fee, and Maryland gets out without paying $52 million.
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