ACC Takes Action Against FSU's Motion, Claims University Has Not Shown 'Substantial Injustice'
The Atlantic Coast Conference (ACC) filed a brief in opposition on Tuesday to Florida State’s motion to dismiss or stay in the North Carolina case – the case originally filed by the ACC.
There are two lawsuits currently up in the air at the moment as both the ACC and Florida State have filed suit against each other in their home states; more specifically, Mecklenburg County, NC, and Leon County, FL, respectively. Both parties have filed motions to dismiss or stay against their opponent’s legal action.
The ACC suggested in their motion to dismiss or stay that 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 earlier this month. "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.
With all of this in mind, the ACC countered in their most recent legal action by saying, “There is nothing improper about a party seeking to protect its rights by filing first.”
The ACC also argues that FSU has not “met its burden to show substantial injustice” in its lawsuit.
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.
The hearing for the ACC’s suit in North Carolina will be held on March 22.
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