FSU Amends Second Complaint In ACC Lawsuit, Ridicules Conference Management

The amendment from Florida State comes after Leon County Judge John C. Cooper gave the public institution the ability to re-file.

Oct 24, 2023; Charlotte, NC, USA; ACC commissioner Jim Phillips during the ACC Women s Tipoff at / Jim Dedmon-USA TODAY Sports

Florida State University has amended a second complaint in its lawsuit against the Atlantic Coast Conference. This move comes after Leon County Judge John C. Cooper dismissed FSU’s case against the ACC without prejudice, allowing the public institution to refile with clearer language and a stronger argument as to why this case should be held in Leon County as the ACC is headquartered in Mecklenburg, North Carolina (Charlotte area).

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The school wrote in its second amended complaint:

“FSU and the ACC argue this dispute is now very simple. The Court need only construe two contract provisions from two separate contracts to resolve it. First, under the Grant of Rights, whether the media rights to FSU’s home games after it leaves the ACC are ‘necessary’ for the ACC ‘to perform’ its ‘contractual obligations’ under the ESPN Agreement. Second, under Article 1.4.5 of the ACC Constitution, whether the self-described ‘liquidated damages’ ‘withdrawal payment’ ($140 million) is a penalty. Fortunately, the ACC concedes both,” the amendment begins.

It would go on to mention the ACC stated on April 9 that “ESPN doesn’t have the right to broadcast anything” once FSU leaves the conference. Therefore, Florida State argues, “Because ESPN has ‘no right’ to FSU’s home games after FSU leaves the ACC, those media rights are not ‘necessary’ for the ACC to perform the ESPN Agreements. Hence, the media rights to FSU’s home games after it leaves the ACC never transferred to the ACC in the first place.”

Furthermore, Florida State referenced Maryland’s exit from the ACC for the Big Ten over a decade ago which brought a $52 million price tag. That number has grown to nearly $700 million according to the university.

In 2022, Commissioner Jim Phillips referenced the withdrawal payment as a “nine-figure financial penalty,” similar to the verbiage in the 2013 case ACC v. Maryland which was held in the Court of Appeals for North Carolina. That Court also deemed the amount owed as a “penalty.”

Finally, FSU took a few shots at the ACC, alleging gross mismanagement and poor foresight in the everchanging realm of collegiate sports.

“Over the past decade, the missions of the FSU Board and the ACC have diverged … While the FSU board was achieving its missions, the ACC was abandoning its. Today’s ACC votes for (a) a revenue-sharing arrangements at the College Football Playoff (‘CFP’) Committee that subordinate its members and render the ACC second class, and (b) an ill-advised and ill-timed expansion that hopelessly dilutes the ACC’s football media value. This leaves FSU Board a start choice: either abandon its hard-won achievements or withdraw; in reality, no choice at all.”

Finally, Tuesday's video case management conference produced a new court date for June 18 at 9 a.m. It will likely "deal further with the jurisdiction situation, as well as other items."

This is a developing story.

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Stick with NoleGameday for more coverage of Florida State University throughout its ongoing legal battle with the ACC.

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