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re: Washington files motion to dismiss Wazzu/Oregon St Pac 12 lawsuit

Posted on 10/10/23 at 8:27 pm to
Posted by chalmetteowl
Chalmette
Member since Jan 2008
53610 posts
Posted on 10/10/23 at 8:27 pm to
quote:

WSU and OSU aren’t stealing anything. The other schools are voluntarily leaving the conference. No other conferences with schools that left gave the exiting school their share of the conference’s reserve funds.


Imagine there’s a nice house where there’s 12 roommates. 10 want to leave. The 2 that don’t can’t afford rent or upkeep. The 10 who want to leave absolutely have a right to sell the house and say “sorry guys”. Elon Musk may have changed it to X but his lawyers aren’t gonna let me start a shittier website and name it Twitter
Posted by MetroAtlantaGatorFan
Member since Jun 2017
15598 posts
Posted on 10/10/23 at 8:31 pm to
Yep, Oregon St and Wazzu have no one to blame but themselves.
Posted by WeeWee
Member since Aug 2012
43844 posts
Posted on 10/10/23 at 8:54 pm to
quote:

Snoop Dawg


Holy shite and great balls of fire! Your own post contradicts you and proves WSU and OSU right.

quote:

Additionally, if a member delivers notice of withdrawal in violation of this chapter, the member’s representative to the CEO Group shall automatically cease to be a member of the CEO Group and shall cease to have the right to vote on any matterbefore the CEO Group. Dissolution.


I don’t know how you can argue with that. It’s in the bylaws which you posted. Washington even agreed with it last year after USC and UCLA announced their intention to move. Now that Washington is leaving you are trying to say that the bylaws don’t mean what they say.
This post was edited on 10/10/23 at 8:58 pm
Posted by teke184
Zachary, LA
Member since Jan 2007
103110 posts
Posted on 10/10/23 at 9:07 pm to
I think his claim is parsing that Washington wanted to leave AFTER the 2024 deadline.

Wazzu et all are interpreting it as giving a notice they are leaving received before that deadline. And the handling of USC, UCLA, and Colorado supports that position.
Posted by KillTheGophers
Member since Jan 2016
6743 posts
Posted on 10/10/23 at 11:54 pm to
I hope WSU and OSU get every penny and win every court matter.

Posted by LolStarFishlol
Member since Jan 2023
728 posts
Posted on 10/11/23 at 10:31 am to
quote:

The 10 who want to leave absolutely have a right to sell the house and say “sorry guys”.

Well if you are renting a house, then no one of the 12 own the house, so none of them have the right to sell the house. Now if the landlord is okay with taking a financial loss for a few months until the other 2 can find/recruit 10 new roommates, then the remaining 2 have all the authority on who they get to choose as their roommates. The 10 leaving have no say on who their replacements will be.
Posted by bigDgator
Dallas, TX
Member since Oct 2008
48292 posts
Posted on 10/11/23 at 10:50 am to
quote:

Imagine there’s a nice house where there’s 12 roommates. 10 want to leave. The 2 that don’t can’t afford rent or upkeep. The 10 who want to leave absolutely have a right to sell the house and say “sorry guys”. Elon Musk may have changed it to X but his lawyers aren’t gonna let me start a shittier website and name it Twitter


You must be vacationing in Disney World because the only place this happened was Fantasy Land.

USC and UCLA left the other 10 and were branded traitors by you and the other schools who remained. They weren't getting a dime to leave. Now you want to join them and empty the coffers. I hope it all goes to the Beavs and Cougs and you idiots get nothing.
Posted by TROLA
BATON ROUGE
Member since Apr 2004
14379 posts
Posted on 10/11/23 at 11:03 am to
Those schools literally left Osu and wazzu holding the bag and are now mad that that there’s money in there.. frick those schools especially… Stanford and Cal
This post was edited on 10/11/23 at 11:07 am
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
465368 posts
Posted on 10/11/23 at 11:12 am to
quote:

No member shall deliver a notice of withdrawal to the Conference in the period beginning on July 24, 2011, and ending on August 1, 2024; provided, that if any member does deliver a notice of withdrawal prior to August 1, 2024, in violation of this chapter, the Conference shall be entitled to an injunction and other equitable relief to prevent such breach

This isn't as simple as you're trying to argue. The issue is whether declaring that you're leaving is giving the notice of withdrawal.

It's very likely announcing that they're leaving the Pac12 constitutes this notice (you didn't provide any other contractual definitions, if any exist), and since it's October 11, 2023, clearly this notice was delivered prior to August 1, 2024.

UW and company are trying to play both sides and pretend that their agreement with other conferences and public statements about joining another conference somehow isn't this official "notice of withdrawal", and they can withdraw from the conference legally (by making legal agreements with other conferences) somehow without this constituting notice of that withdrawal.
Posted by WeeWee
Member since Aug 2012
43844 posts
Posted on 10/11/23 at 12:52 pm to
quote:

I hope WSU and OSU get every penny and win every court matter.


Me too. I hope the courts rule that OSU and WSU are the only voting members left in the PAC12. I hope they vote to withhold all revenue from the departing members as a penalty for damaging the conference. That probably would not hold up in court but it would be funny to see.
Posted by Tiger Prawn
Member since Dec 2016
25086 posts
Posted on 10/11/23 at 12:59 pm to
quote:

Imagine there’s a nice house where there’s 12 roommates. 10 want to leave. The 2 that don’t can’t afford rent or upkeep.
Sounds like the 10 who want to leave are breaking their lease and would have some financial penalty and the 2 who decide to stay are the ones that get to call the shots on keeping the house and who their new roommates will be

Posted by Dr RC
The Money Pit
Member since Aug 2011
61106 posts
Posted on 10/12/23 at 12:42 pm to
quote:

Jon Wilner@wilnerhotline

News: In a sworn statement in the Comcast case, commissioner George Kliavkoff said USC and UCLA had been removed from #Pac12 board - a potentially significant development for the WSU/OSU lawsuit


LINK

Posted by teke184
Zachary, LA
Member since Jan 2007
103110 posts
Posted on 10/12/23 at 1:11 pm to
Yep. And with then having taking that action then removing Colorado afterward, the basis of the Wazzu / Oregon St argument appears to hold.
Posted by TigerintheNO
New Orleans
Member since Jan 2004
44079 posts
Posted on 12/16/23 at 10:45 am to
Court ruling yesterday-
quote:

Oregon State and Washington State are now considered the only two voting members of the Pac-12 and have sole power to set the agenda and make decisions for the future of the conference. It also prevents the remaining 10 schools from voting to sell off any assets or contracts before the conference drops from 12 to two members.
Posted by SteelerBravesDawg
Member since Sep 2020
43337 posts
Posted on 12/16/23 at 11:06 am to
quote:

Snoop Dawg



Do the outgoing Pac-12 schools have you on retainer?
This post was edited on 12/16/23 at 11:07 am
Posted by Tigertown in ATL
Georgia foothills
Member since Sep 2009
30178 posts
Posted on 12/16/23 at 12:06 pm to
quote:

Oregon State and Washington State are now considered the only two voting members of the Pac-12 and have sole power


As it should. The rest of you left, so FO.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
112290 posts
Posted on 12/16/23 at 12:45 pm to
I hope the Cougars and the Beavers break it off in the defectors.
This post was edited on 12/16/23 at 1:13 pm
Posted by teke184
Zachary, LA
Member since Jan 2007
103110 posts
Posted on 12/16/23 at 1:31 pm to
Living up to the letter of the conference agreement is likely the best victory.

I’d have to parse the contract all the schools signed but, if it is anything like most other conference contracts, all monies from various deals get pulled from teams as soon as they announce they are leaving and the remaining pie gets divided up between the other members.

In this case, it means that Wazzu and the Beav each get one share of all conference revenues and the conference gets the rest. And they can control what the conference spends it on.


I’d slash a lot of the conference spending on expensive offices and shite like that they clearly no longer need and start making long term plans for a reverse merger with the Mountain West.
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