Big 10 Report: Conference Realignment

[Mr. Laz]

A source in St. Louis familiar with the situation told NewsCenter 16 Thursday afternoon that Missouri will leave the Big XII and soon join the Big 10. Other schools expected to follow the Tigers are Syracuse, Pitt, Rutgers and Nebraska.

Many have speculated that such an expansion would include Notre Dame but ND athletic director Jack Swarbrick told me today that the Irish prefer to stay independent in football and in the Big East for other sports. Swarbrick said maintaining football Independence is such a part of what Notre Dame is.

He went on to say the Big East is a great partner for the University in other sports.

"We do have to monitor what is going on," Swarbrick said. "There will be significant shifts. "Hopefully we can navigate them by keeping our football independent and keeping our Big East affiliation because that is what we care about."

The move of Syracuse, Pitt and Rutgers to the Big Ten from the Big East could categorically change the landscape of the Big East itself. Thus, what Swarbrick is referring to when stating the University must continue to monitor what is going on.

The interview with Swarbrick was done before the late afternoon announcement.

http://www.wndu.com/sports/headlines/92447574.html

[Sam Hall]

The conference bylaws refer to damages, not contracts.

[Los Pollos Hermanos]

Originally Posted by Sam Hall

The conference bylaws refer to damages, not contracts.

link?

[DeezNutz]

Originally Posted by Sam Hall

The conference bylaws refer to damages, not contracts.

. Anyone? Anyone?

[Reerun_KC]

Originally Posted by Sam Hall

The conference bylaws refer to damages, not contracts.

can you give us a link?

[Reerun_KC]

Originally Posted by Sam Hall

This is about damages, and NU and CU didn't damage the conference by leaving.

well you got us there....

[Sam Hall]

This could get ugly for Texas. The Longhorns would've really damaged the conference by going to be Pac-10. NU and CU protected themselves by leaving.

[DaKCMan AP]

Originally Posted by Sam Hall

This could get ugly for Texas. The Longhorns would've really damaged the conference by going to be Pac-10. NU and CU protected themselves by leaving.

You poor victim.

[WilliamTheIrish]

Originally Posted by Sam Hall

This is about damages, and NU and CU didn't damage the conference by leaving.

I agree with both points.

1) Losing UNL/CU didn't damamge the conference in sports. Especially CBB


2) Pay up.

[WilliamTheIrish]

Sam, only two years after being a ticket taker at a Lee's Summit theater is now waxing rhapsodic about conference law. Gotta love huskerpediophiles.

[alnorth]

Originally Posted by Sam Hall

The conference bylaws refer to damages, not contracts.

Unfortunately for you, the contract does not say "you will be responsible for any damages you cause by leaving up to x%" it basically says "by joining the conference, you agree in advance that leaving under these circumstances will result in financial damages, and therefore such and such will happen"

Damages do not necessarily have to be proven because Nebraska already agreed back in 1996 that if they ever left it would result in damages.

3.2 Effect of Giving Notice. If a Member Institution gives proper Notice pursuant to Section 3.1 (a “Withdrawing Member”), then the Members agree that such withdrawal would cause financial hardship to the remaining Member Institutions of the Conference, and that the financial consequences cannot be measured or estimated with certainty at this time. Therefore, in recognition of the obligations and responsibilities of each Member Institution to all other Member Institutions of the Conference, each Member Institution agrees that the amount of revenue that would have been otherwise distributable to a Withdrawing Member 14 pursuant to Section 2 herein for the final two (2) years of the Current Term or the thencurrent Additional Term, as the case may be, shall be reduced by fifty percent (50%), with the remainder to be distributed to the other Member Institutions who are not Withdrawing Members or Breaching Members (as defined below) as additional Conference revenues in accordance with Section 2 herein. The Member Institutions agree that such reduction in the amount of revenues distributed to a Withdrawing Member is reasonable and shall be in the form of liquidated damages and not be construed as a penalty.

3.3 Effect of Withdrawal From Conference Other Than by Giving Proper Notice. If, other than by giving a proper Notice pursuant to Section 3.1, a Member Institution (a “Breaching Member”) withdraws, resigns, or otherwise ceases to participate as a full Member Institution in full compliance with these Rules, or gives notice or otherwise states its intent to so withdraw, resign, or cease to participate in the future (a “Breach”), then the Member Institutions agree that such Breach would cause financial hardship to the remaining Member Institutions of the Conference, and that the financial consequences cannot be measured or estimated with certainty at this time. Therefore, in recognition of the obligations and responsibilities of each Member Institution to all other Member Institutions of the Conference, each Member Institution agrees that after such Breach, the amount of Conference revenue that would otherwise have been distributed or distributable to the Breaching Member during the two (2) years prior to the end of the Current Term or the then-current Additional Term, as the case may be, shall be reduced by an amount that equals the sum of the aggregate of such revenues times the following percentages (such sum being the “Aggregate Reduction”); if Notice is received less than two years but on or before eighteen months prior to the Effective Date, 70%; if Notice is received less than eighteen months but on or before twelve months prior to the Effective Date, 80%; if Notice is received less than twelve months but on or before six months prior to the Effective Date, 90%; or if Notice is received less than six months prior to the Effective Date, 100%.

3.3 goes on and on from there, but the remaining legalese isn't important. I suppose Nebraska could try to make an equity argument that this would be "unjust enrichment". I'm not a lawyer, but good luck with that.

[Saulbadguy]

CU to the Pac-10 is still absolutely hilarious.

[patteeu]

Originally Posted by Sam Hall

There are newspaper articles in Lincoln and Omaha saying NU could go to court over the exit penalty.

On what basis?

Originally Posted by Sam Hall

NU and CU shouldn't have to pay anything. Dan Beebe came up with a bunch of money this past weekend after both of them left. The Big 12 obviously doesn't need more money. Several Big 12 people have even said NU and CU didn't hurt the conference by leaving.

What does any of that have to do with anything?

[Reerun_KC]

Originally Posted by patteeu

On what basis?



What does any of that have to do with anything?

OU's Ad on the radio yesterday was talking about the penalty they had both had to pay for leaving the conference...

Sounds like bitter jilted fan to me... NU left by their own will, nobody forced them to leave... So its time to pay up.

[Frazod]

Originally Posted by billay

Each game Nebraska is winning the clock will freeze at :01 until the other team wins.

Works for me!

[patteeu]

Originally Posted by Sam Hall

The conference bylaws refer to damages, not contracts.

They are stipulated damages. Nebraska and Colorado already agreed by signing the contract that leaving would cause damage (whether it actually ends up doing so or not) and that that the compensation for that damage would be as indicated in the contract.

Edit: As Alnorth already said...

Originally Posted by alnorth

Unfortunately for you, the contract does not say "you will be responsible for any damages you cause by leaving up to x%" it basically says "by joining the conference, you agree in advance that leaving under these circumstances will result in financial damages, and therefore such and such will happen"

Damages do not necessarily have to be proven because Nebraska already agreed back in 1996 that if they ever left it would result in damages.