The Mountain West Conference Files Counterclaims Against The Pac-12

The Mountain West files counterclaims against the Pac-12 in poaching lawsuit and both sides release statements.

The Mountain West conference logo on the field at Allegiant Stadium. Mandatory Credit: Kirby Lee-Imagn Images | Kirby Lee-Imagn Images

On Thursday, the Mountain West Conference filed an 86-page response and counterclaims to a lawsuit filed by the Pac-12 over $55 million in poaching penalties. This lawsuit has been dragging on for months now, since the Mountain West tried to enforce poaching penalties after they believe the Pac-12 had poached five of their teams. The teams in question are the Boise State Broncos, Colorado State Rams, Fresno State Bulldogs, San Diego State Aztecs, and Utah State Aggies.

This has been dragging out for quite a while now and continues to get uglier. There is no imminent end in sight, and it seems improbable that these two conferences will be able to come to any kind of amicable agreement. Both have dug in, and mediation has already failed. This is a scenario that we expect to be following for months. However, we do hope that this legal situation does come to some sort of a conclusion soon. This is not something anyone wants to see dragged out longer than absolutely necessary.

From The Mountain West Conference's New Statement

“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 Mountain West Conference 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.”

The Pac-12's Response To The Counterclaims In A Statement

“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.”

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