Mountain West files counterclaim to Pac-12’s poaching penalty lawsuit

Five MWC schools, including Boise State, leaving for Pac-12 next summer

Pac-12 | Darren Yamashita-Imagn Images

The Mountain West filed an 86-page answers and counterclaims on Thursday in response to a lawsuit brought on by the Pac-12 over $55 million in poaching penalties. 

Current MWC members Boise State, Colorado State, Fresno State, San Diego State and Utah State are all leaving for the Pac-12 next summer. 

The MWC believes the unusual poaching penalties are valid, lawful, and enforceable. 

“Today, in the Pac-12 litigation matter pending in the Northern District of California, the Mountain West filed an answer, as well as counterclaims, to enforce the contractual terms that the Pac-12 freely negotiated, executed, and now seeks to avoid,” the MWC said in a statement. “Our counterclaims seek a declaratory judgment that the termination fees at issue are valid, lawful, and enforceable. We also assert affirmative claims against the Pac-12 for breach of contract, promissory fraud, tortious interference with contract, and unjust enrichment. 

“The Mountain West is committed to protecting our student-athletes and dedicated member institutions and remains steadfast in defending itself and its positions. While we are focused on moving forward, there must be accountability and fairness for all parties involved.”

Essentially, the MWC argues that the Pac-12 signed a contract it intended to break with the goal of disrupting the MWC. 

Late last month, the MWC’s motion to dismiss the Pac-12’s antitrust lawsuit was denied in federal court. The case will proceed to discovery unless a settlement is reached. 

The Pac-12 also issued a statement on Thursday. 

“As anticipated by the Pac-12 Conference, the Mountain West Conference filed counterclaims today following its unsuccessful efforts to dismiss the Pac-12’s case,” the Pac-12 said in a statement. “The MWC’s filing does not change the fact that its poaching penalties are unlawful restrictions on fair competition and invalid under basic contract law. We remain confident in our position and focused on advancing academic excellence, athletic achievement and the tradition that has defined the Pac-12 for more than a century.”

The relationship between the Pac-12 and MWC has deteriorated over the last two years. 

The MWC and remaining Pac-12 members Oregon State and Washington State agreed to a scheduling partnership in late 2023 for the 2024 football season. The Pac-12 had lost 10 of its 12 members to the ACC, Big Ten and Big 12, leaving behind the Beavers and Cougars.

The MWC announced in September 2024 that the scheduling agreement would not be renewed. One week later, Boise State, Colorado State, Fresno State and San Diego State all agreed to join the Pac-12. Fellow MWC member Utah State came aboard next, followed by Gonzaga and Texas State.

After landing agreements from the first four MWC schools, the Pac-12 filed an antitrust lawsuit over the legality of the poaching penalty. Boise State, Colorado State and Utah State are also suing the MWC over exit fees. 

The Pac-12 believes the poaching penalties are illegal and invalid. 

The MWC argues it is owed north of $150 million in poaching penalties and exit fees. 

The MWC needs the money to make an initial payment of $61 to the conference’s seven holdovers — including an uneven share to Air Force and UNLV — by July 1, 2026. The up-front payment was part of the MWC’s new grant of rights.