ActualTalkingThermos said:

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gotsand said:

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Except that ESPN is being accused of trying to dissolve the league in order to circumvent the terms of the contract; i.e., avoid exit fees.

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As I understand it, the terms of the contract provide for dissolving the league without paying exit fees if enough members vote to dissolve. Dissolving the conference via the procedure provided for in the contract can't be "circumventing the contract," it's just pursuing one option provided by the contract over another. And no member school that votes to dissolve is going to be doing it for the sake of saving Texas and OU money (outside of Texas and OU, if we still get a vote). If they vote to dissolve it will be because they decided dissolving and joining/forming a different conference will benefit them more than staying put and collecting their share of the exit fee money.

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Your hypothetical doesn't involve any 3rd party. When a 3rd party injects themselves in the contractual obligations of others and intentional economic damage occurs, that may be actionable. It's the definition of tortious interference.

And, the B12 contract apparently requires all members to leave to make it moot. Baylor holdout?

Telling someone to do something they have a contractual right to do is specifically not "tortious interference". At least in Texas

B12 is a Delaware corporation.

I never characterized giving someone advice as being tortious interference. I'm sure there are plenty of contract lawyers working overtime about now. Happy to watch it play out.

MSCAg said:

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I wondering if he is hoping he can find something in discovery or just angling for a settlement.

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As I understand it he is angling to keep his job past this month!

Every left team is burning up lines of communication to find a landing place as the "settlement" is chump change compared to being left out of the realignment process.

tu & OU already have the full freaking buyout ready to pay...NOW. They don't have to negotiate at all...

Hook'em

gotsand said:

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B12 is a Delaware corporation.

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That won't matter. Where the tort was committed will matter. Or where the defendants are located.

Panama Red said:

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gotsand said:

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B12 is a Delaware corporation.

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That won't matter. Where the tort was committed will matter. Or where the defendants are located.

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Okay. You convinced me: ESPN did not wrong here. Everything has been above board.

Weird.

I didn't say ESPN was above board. Its clear, to me at least, they are driving this train that is going to ruin college football as we know it and destroy several programs.

Any lawyer worth his salt should be able to shake ESPN down for millions on Discovery costs alone. The discovery requests only need to be reasonable and proportional. Proportional in this case could cost several million and no telling what nuggets your might find

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I think it is a very strong response. I truly believe this will put the matter to rest.


Well done ESPN.

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ESPN strenuously objects.

SidetrackAg said:

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ESPN responds to Bob Bowlsby, claiming accusations “are entirely without merit” pic.twitter.com/W7Itz1U1S8

— Brett McMurphy (@Brett_McMurphy) July 29, 2021

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Of course they did. Lawyer speak. But its bull***** Anyone with half a brain knows it has merit.