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02-25-2013, 03:46 PM | #6436 | |
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02-25-2013, 03:51 PM | #6437 | |
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In contract law, which the exit fees fall under, things can get gray and squirrelly with whether the fee was a good-faith estimate of damages, whether the fee was voted on legally, etc. Things could go either way there, but probably for UMD since that ACC fee looks grossly excessive. The GOR falls under Property Rights, which is a whole 'nother animal in the law. Each school - SOLD - their rights to the big 12 for 13 years, and in exchange for selling those rights, they were "paid" for them in the form of a bigger contract. (without the GOR, it would not have been 20 per team) As I said before, there is not a country on the planet that protects property rights more strongly than the USA. It would be like you selling me your car, and signing over title, then a couple years later asking a court to make me give you your car back. Unless there is some truly crazy circumstance I can't think of (I paid a demented 90-year old $5 for a brand-new Jag and her family wants it back maybe?), you simply cant do that. The car does not belong to you anymore, its my car.
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02-25-2013, 04:27 PM | #6438 |
Rabbi Goldmann
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Well I'm no attorney so I'll defer to others on legal issues. From what I read, Maryland is arguing they will pay a penalty but only what their damages actually are. The ACC is asking for $50M per the contract. If you are right, then there is no case here and Maryland owes whatever's in the contract under "property rights". But if there is a case.....?
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02-25-2013, 04:28 PM | #6439 |
Rabbi Goldmann
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We are well-endowed. But we're not Texas-sized if you know whatta mean. The KUAC is self-supporting with no state funds so there's no way any money from actual, education sources would ever be diverted to cover sports. I know you're joking of course, but if anyone did make that argument it woudl be hilarious.
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02-25-2013, 04:39 PM | #6440 | |
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Quote:
The ACC has to prove their damages because in the laws of every state (or at least both MD and NC), an exit fee must be a good-faith estimate of damages. No one is trying to estimate damages in a GOR. Why would they? It is a sale of a property from one party to another (or maybe call it a lease since its just 13 years, but property rights still apply) If you sell me your car and two years later you prove that the damages of me having to give you your car back are only $1,000 because of depreciation and that wreck I had last month, etc, you cant then ask the court to order me to sell you your car back to you for my $1,000 damages. You could offer me a million dollars, and I can still tell you to buzz off, I'm keeping the car.
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02-25-2013, 06:51 PM | #6441 |
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Kevin Harlan talking about KU to the Big 10 isn't news. Been a rumor for quite a while now. Not sure KU is interested though. Not really the type of institution that needs to run from where they compete.
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02-25-2013, 07:04 PM | #6442 |
Banned!
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Why would anyone be dumb enough to sign a GOR with the big 12 in the first place?
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Your son is a bench warmer because of your weak genetics not because of the coach Norlin Mommsen is disgusting. |
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02-25-2013, 07:31 PM | #6443 | |
Quit your bullshit
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Today is not a good day to be a pussy. |
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02-25-2013, 07:33 PM | #6444 |
Quit your bullshit
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Desperation
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02-25-2013, 07:39 PM | #6445 |
Rabbi Goldmann
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Texas is desperate?
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02-25-2013, 08:01 PM | #6446 |
Quit your bullshit
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They had just inked TLN and needed a conference. They sure didn't give up their share out of charity.
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02-25-2013, 08:02 PM | #6447 |
Rabbi Goldmann
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But you said "desperate"
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02-25-2013, 08:07 PM | #6448 |
**** That Noise
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I'd hate to see the one and only easy conference win in football go! I mean, our non conference teams are usually harder than Kansas!
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02-25-2013, 08:07 PM | #6449 |
Quit your bullshit
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Desperate to keep their end of a $150,000,000 deal. I guess there are different kinds of desperation.
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02-25-2013, 08:10 PM | #6450 |
Rabbi Goldmann
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