Charlotte, North Carolina – The Atlantic Coast Conference (ACC) has responded to Florida State University’s (FSU) ongoing lawsuit against the conference by asking a Florida court to pause the litigation. According to the ACC’s filing on Friday, they are seeking to either halt FSU’s lawsuit while their own claim against the school in North Carolina proceeds, or dismiss FSU’s case entirely.
The ACC’s response comes after FSU filed a motion last week in North Carolina to dismiss the conference’s lawsuit, which was initially filed in December. Both parties are scheduled to appear in Mecklenburg County Superior Court on March 22.
The conference had sued the FSU Board of Trustees in North Carolina, seeking to uphold the grant of rights that binds ACC members through their media rights. The ACC filed its lawsuit without prior announcement on the same day that FSU sued the conference.
FSU is intent on finding a quick and cost-effective exit from the ACC rather than paying over $500 million in exit fees and penalties that would extend until 2036. The school’s lawsuit claims that the ACC has mishandled its members’ media rights and is imposing excessive penalties for withdrawal.
In their latest filing, the ACC argued that FSU has misunderstood the transaction related to the grant of rights. They clarified that FSU had assigned its media rights to the conference for a specific term to enter into agreements with ESPN. The ACC emphasized that FSU has the option to repurchase those rights if they wish to regain control before the end of the term.
FSU amended its lawsuit in January to include accusations against former ACC Commissioner John Swofford, alleging that he acted in the best interest of his son while costing member schools millions of dollars. The ACC’s motion for a stay or dismissal primarily addressed legal arguments and did not specifically respond to FSU’s new claims, apart from making a passing reference to the accusation of “self-dealing” by Swofford.
According to the ACC, the Florida court lacks jurisdiction over the case, and some of FSU’s claims are barred by the statute of limitations, dating back as far as a decade. They also argue that FSU’s claims are not legally recognizable and that the school is seeking an advisory opinion from the court regarding its potential withdrawal from the conference.