FSU dominates ACC in the conference's own lawsuit against Noles boosters but ACC wins in end with no case dismissal
FSU is dominating the ACC in the conference's own lawsuit, Atlantic Coast Conference vs. Board of Trustees of Florida State University, which was filed in Mecklenburg County, North Carolina. Per Rohan Law's Doug Rohan, at Atlanta-based attorney following the case, FSU won several points against the ACC in court on April 4.
"FSU wins 1 point in the NC suit against the ACC: Judge Bledsoe concludes that even if all the facts alleged were correct by the ACC, they could not possibly meet their burden to show that (Florida State) owed any fiduciary duty to the conference," Rohan prefaced before saying, "This claim of breach is dismissed WITH prejudice, meaning the ACC can’t come back and tweak the allegations. He doesn’t want to hear anything more about the matter.
"FSU wins a second point in the lawsuit against the ACC in the NC litigation: Judge Bledsoe disagreed with the ACC lawyers’ claims that FSU waived its defense to 'subject matter' jurisdiction by filing a substantive defense and Motion to Dismiss in NC. Judge Bledsoe smacked the ACC pretty hard saying that their initial assertions of the defense in their first filings was enough and you (ACC) should know better."
FSU has motion to dismiss ACC's case against them denied by N.C. judge
Well, this is surely to get even uglier.
Despite FSU's case being a strong one, and their own assumption that they'll be able to escape the ACC via the phrase "after FSU leaves the ACC" being present several times in a 10-page legal filing, their motion to dismiss the case by Judge Louis A. Bledsoe III.
"A Mecklenburg County judge on Thursday denied two motions by Florida State to dismiss or stay a lawsuit filed by the ACC that the league hopes will force the school to honor its grant of rights agreement and pay the conference more than $500 million if it hopes to exit for another conference before 2036," ESPN's David Hale wrote.
"The ruling by Judge Louis A. Bledsoe III is seen as a significant win for the ACC, as it would likely mean the battle between the league and Florida State would proceed in North Carolina rather than Florida, where FSU filed its own lawsuit against the conference."
This is far from over. But the FSU's willingness to be in the conference almost assuredly is.