TALLAHASSEE — Florida State and the ACC are in the Leon County Courthouse this morning for their first hearing on FSU’s lawsuit against the conference.
We’ll update this post as warranted throughout the hearing in room 3G.
UPDATE, 4:09 p.m.: The judge has denied the ACC’s motion to postpone FSU’s lawsuit against the conference as the North Carolina suit continues. He’s saying, essentially, that the conference participated in “forum shopping.”
UPDATE, 3:59 p.m.: The judge is getting into his ruling. He said an affidavit from Virginia’s president helped the judge determine this is “forum shopping” by the ACC in the North Carolina suit. The presumption that the conference filed first and gets its choice of venue might not matter here.
“I’m more persuaded by the argument of FSU on that point,” the judge, John C. Cooper, said.
He’s also citing issues of sovereign immunity for FSU as it relates to litigation in another state. Cooper also has issues with the ACC-ESPN contracts and whether they’re public records under Florida law.
UPDATE, 3:38 p.m.: The hearing is going to go until or past 5 today, the judge said. It’s possible another hearing could happen the week of April 22.
UPDATE, 2:54 p.m.: What happens if the Florida and North Carolina cases both keep moving forward?
“Then we do have chaos,” the ACC’s attorney, James. P. Cooney said.
We’re in a recess now until 3:10 p.m. The judge will make a ruling on priority when we return.
UPDATE, 2:39 p.m.: A random line from the Tallahassee judge, John C. Cooper: “Maryland’s in the Big Ten now?”
UPDATE, 2:31 p.m.: FSU’s counsel just suggested the Seminoles are being held hostage if the ACC keeps their TV rights if FSU leaves the conference.
“This is Florida State’s money,” attorney Peter Rush said. “This is Florida State’s team. This is Florida State’s media rights.”
UPDATE, 2:22 p.m.: FSU’s counsel says the ACC is treating FSU as if the Seminoles have withdrawn. The Seminoles weren’t notified of meetings involving lawsuits, for instance. But Florida State hasn’t withdrawn, technically.
UPDATE, 2:08 p.m.: FSU has been in front of the judge for more than a half hour now. The Seminoles’ counsel is digging into whether the ACC followed its protocol in suing the ACC. FSU’s attorneys also keep talking about a $700 million loss to FSU if the Seminoles leave.
UPDATE, 1:36 p.m.: We have our first reference to the College Football Playoff snub. FSU’s attorney said the TV rights at stake are the “next 12 years of the national champions’ home games.” FSU, of course, did not win the national title last season.
Another part of FSU’s argument is that the total cost to FSU to leave the ACC would be up to $700 million. If a state institution is on the hook for that much money, the action should happen in the state of Florida. according to this line of thinking.
UPDATE, 1:27 p.m.: The ACC’s case comes down to three words slowly said by the conference’s counsel: “We. Served. First.” Under those guidelines, the ACC’s preferred venue (North Carolina) is generally where the case is heard.
UPDATE, 1:20 p.m.: The case is back in session after a lunch break of just over an hour. The initial topic of discussion: preemptive lawsuits in Florida as it relates to jurisdiction. The judge is thumbing through a massive binder looking for the proper documents and precedents.
UPDATE, 12:15 p.m.: The judge is making a big deal that the ACC filed its anticipatory suit in North Carolina. Anticipatory is key and will be a very big sticking point on whether the conference was “forum shopping” by choosing to file in Charlotte instead of Tallahassee or somewhere else.
And the court has now gone to a lunch break.
UPDATE, 12:02 p.m.: There’s some discussion now on the Clemson lawsuits between the Tigers and the ACC. The conference’s point: One single state needs to rule on legal matters so Clemson isn’t in a different situation than FSU or a school in some other state. The conference has still done virtually all the talking so far.
UPDATE, 11:45 a.m.: We have some clarity on numbers here. If FSU leaves the ACC between $130 million and $140 million, period. But the ACC would retain the TV rights to FSU’s home games “no longer than the end of 2036,” the ACC’s counsel said.
UPDATE, 11:38 a.m.: Court is back in session after a recess of about 30 minutes. The hearing was initially scheduled to last for an hour and a half but has blown past that mark. The ACC’s attorneys have done virtually all the speaking so far.
In other news, FSU has appealed last week’s rulings in Charlotte to the North Carolina Supreme Court, according to a court filing today. That comes after a Charlotte judge rejected most of FSU’s arguments during last month’s hearing.
UPDATE, 11:02 a.m.: We’ve had a Choke at Doak reference as we dig into what FSU would owe to leave the ACC. It’s between $130 million and $140 million, the ACC’s attorney says. Future TV distributions are in dispute, though, which adds on another nine-figure deal.
UPDATE, 10:47 a.m.: Twelve ACC members were at the meeting that approved of the amended lawsuit against Florida State, the conference’s attorney said during the hearing. Clemson was invited but didn’t attend. FSU was not invited. It’s unclear whether those 12 members included non-voting incoming members (like Cal or SMU).
UPDATE, 10:34 a.m.: The judge is digging into public records laws now. Under a previous FSU case (involving the ACC), secret or secretly filed documents with FSU should be public. This matters here because of the argument that the ACC’s deals with ESPN might be public in Florida. In that case, Florida courts might have more authority or unique authority compared to North Carolina.
UPDATE, 10:24 a.m.: The discussion is now about “forum shopping.” That’s the technical term for the ACC allegedly choosing its own venue by filing a preemptive lawsuit against the ACC. As the Tallahassee judge made his point, one of FSU’s attorneys nodded along.
UPDATE, 10:13 a.m.: After what the judge called an “injury timeout,” the ACC’s attorney and the judge are digging into the details of whether the conference gets its preferred choice of venue. The discussion is civil and highly technical about the rights of the party that files first and how it applies to Florida law. Judge John C. Cooper said he is bound to precedent, which (if I’m reading between the lines correctly) seems good for FSU.
UPDATE, 9:59 a.m.: “OK, timeout.” That’s our first semi-football reference of the day, from judge John C. Cooper. He stopped the ACC’s attorney as the conference was starting to make its case about why North Carolina (not Tallahassee) is the proper venue. Generally, the party that files first (the ACC) gets its choice of venue, unless some exceptional circumstances apply. And the presence or absence of those exceptional circumstances is what’s in dispute.
UPDATE, 9:46 a.m.: The Tallahassee judge, John C. Cooper, is going through some logistics and explanations about documents filed in the North Carolina case (where the ACC sued FSU). Cooper said he did not read the North Carolina judge’s opinion because he did not want “consciously or subconsciously” to have that ruling in mind as he hears the case.
Cooper said he would like to issue a ruling today. The ACC is seeking to stay the case, among other issues.
UPDATE, 9:40 a.m.: The court is in session. There are about two dozen onlookers here; most of them are reporters, though the ACC has at least one official here. There are about a dozen attorneys at or behind tables, too.
DEVELOPING: This is the second court date in the months-long legal dispute between FSU and its conference home since 1991. The first came last month in Charlotte, N.C., where the ACC has sued Florida State.
In opinions filed last week, that judge largely rejected FSU’s attempts to dismiss the case, pause it until after the Florida case is resolved or publicize the ACC’s deals with ESPN. FSU did pick up minor victories on a few technical redactions, and the judge dismissed the ACC’s claim that the Seminoles breached their fiduciary duties to the conference. The next hearing in North Carolina has not been set.
These cases are separate from the dueling ones between Clemson and the ACC last month. But the arguments are generally the same as the Tigers also pursue a potential exit from the conference.
The Seminoles have been one of the ACC’s biggest brands since joining the conference. All three of their national championships in football have been during their ACC tenure. Last year, FSU completed a 13-0 start with a triumph over Louisville in the ACC title game. The ‘Noles did not make the College Football Playoff, however. That snub became one of the first lines in their lawsuit against the ACC.
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