ACC Files Motion To Dismiss Or Stay Against FSU Suit
On Feb. 9, Florida State University received good news: its motion to dismiss or stay the Atlantic Coast Conference’s (ACC) lawsuit in Mecklenburg County, North Carolina against the public institution will be heard on March 22.
However, on Feb. 16 the ACC filed the same motion to dismiss or stay against FSU’s suit which was filed in Leon County, Florida. Should the Florida judge grant the ACC’s stay request, then the lawsuit filed in North Carolina by the ACC will serve as the final say (the precedent will have been set).
One of the ACC’s arguments in their latest chess move suggests the lawsuit should be deliberated in North Carolina as they filed their suit a day before Florida State.
"[T]he parties substantively engaged first on the field in North Carolina … And that is as it should be," the ACC's lawyers stated. "Florida State chose to join the ACC, a North Carolina unincorporated nonprofit association, and entered and specifically voted in favor of the contracts it now challenges, all of which are governed by North Carolina law."
However, according to ESPN’s Andrea Adelson, Florida State’s motion accused the ACC of “racing to the courthouse” to file suit against the public institution. It proclaims the ACC’s suit is “fundamentally flawed” as it failed to complete a series of steps such as securing a two-thirds vote to launch litigation.
Moreover, ESPN’s Dan Murphy mentioned that legal chaos could ensue if both cases in their respective states do not receive stay orders.
“If neither judge grants a stay, both lawsuits could continue down parallel tracks. That scenario could create a race to judgment in which the first court to reach a ruling would effectively end the other case,” wrote Murphy.
All Florida State fans can do is wait.
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