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Boise State Has Filed Suit Against the MWC

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12 minutes ago, pesik said:

i just re-read the suit because of what you wrote and boise is definitely seeking more than the 1.8mil... it flat says the mwc intends to pay Boise the 1.8mil for the next 6 years but is breaching contract by trying to terminate it then

"Although the MWC is still paying the $1.8 million bonus explicitly required by this contract, it inexplicably and improperly elected to cease such payments in six years."

and nowhere does it state they are only after 1.8mil...everywhere they write they are suing for an amount that boise will decide

" Boise State will establish the precise amount of damages according to proof at trial."

boise is also suing them for "good faith and fair dealing" which is trying to deprive a member of their deserved rights and amounts in a contract..a separate count from the breach of contract of the 1.8mil...which is why the majority of their suit is talking about the proportional increase ..and that count also says boise decides the amount 

they are definitely suing for more than the 1.8m

 

 

Bingo. It's not just about the $1.8 mil. They want to maintain that share proportionally, in perpetuity, and I'm pretty sure that's where they bring in the unspecified economic damages (to be determined at trial... with a jury dressed as blue elvi).

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1 hour ago, SharkTanked said:

Economic damages to be determined at trial, legal fees and anything else the court deems just.

And yet, there have been no damages as nothing has changed.

"You pukin morons are just plain too dumb."

-bluerules008 aka jibscout aka Hal "Mosquito Man" Newman

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10 minutes ago, SharkTanked said:

The threat, yes, but not an actual lawsuit.

You gotta nip that shit in the bud.  Someone files suit, they're out.  If everyone knows with 100% certainty that filing suit will get them tossed....no one gets sued.  It's textbook deterrence. 

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8 minutes ago, SharkTanked said:

Bingo. It's not just about the $1.8 mil. They want to maintain that share proportionally, in perpetuity, and I'm pretty sure that's where they bring in the unspecified economic damages (to be determined at trial... with a jury dressed as blue elvi).

And if that’s their contention they can pound sand.  I think we’re better overall as a conference with Boise and should continue receiving the $1.8 million that was agreed to.  But if they’re going to continue demanding more and more money they can phuck off. 

thelawlorfaithful, on 31 Dec 2012 - 04:01 AM, said:One of the rules I live by: never underestimate a man in a dandy looking sweater

 

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42 minutes ago, Boise4Life said:

Boise State isn't stupid enough to sue for something that was never under contract.

Sometimes hubris gets in the way of clear thinking....I'm thinking Boise is over their skis with this proactive lawsuit that lacks standing. 

"You pukin morons are just plain too dumb."

-bluerules008 aka jibscout aka Hal "Mosquito Man" Newman

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1 minute ago, mugtang said:

And if that’s their contention they can pound sand.  I think we’re better overall as a conference with Boise and should continue receiving the $1.8 million that was agreed to.  But if they’re going to continue demanding more and more money they can phuck off. 

And the term sheet has an automatic renegotiation at every media deal. We can't have an unending agreement. I'm not totally opposed to unequal distribution, but the terms should be up for renegotiation at some interval. It can't be forever and ever amen.

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8 minutes ago, SharkTanked said:

Which makes it seem as though they are trying to negotiate a contract through the courts.

Judges don't appreciate moves like this as it takes up valuable court time. 

"You pukin morons are just plain too dumb."

-bluerules008 aka jibscout aka Hal "Mosquito Man" Newman

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2 minutes ago, mugtang said:

And if that’s their contention they can pound sand.  I think we’re better overall as a conference with Boise and should continue receiving the $1.8 million that was agreed to.  But if they’re going to continue demanding more and more money they can phuck off. 

I can get behind this all day!!! The fact is they bring value to the conference and there is an agreement in place, they should be getting their $1.8. Anything above that hurts all other league members as much as if they left the conference. IMO

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50 minutes ago, Boise4Life said:

Guys, for those of you who have not read through the lawsuit, let me clear something up. BSU is not asking for 3.5x the payout over and above the $1.8 million that was originally agreed upon in this lawsuit. While the lawsuit does mention that CT discussed bring a vote to the conference regarding an increase to that $1.8 mil amount proportionally based on the new TV contract, the damages being sought by Boise State are only for the $1.8 mil that was actually agreed upon. They aren't trying to sue the MWC for the extra that CT said they could potentially get, as that was never a contractual agreement. It was based on a conversation that took place at the MW championship in Boise between CT, Marlene Tromp, and Curt Apsey.

So Boise State is suing to maintain the $1.8 mil that was contractually agreed to annually in perpetuity, since CT just tried to drop that with an improper vote that nullified that arrangement after 6 years.

I'm sure Boise State would love to get a larger portion of the payout, given that FOX said the increase in the TV deal had a lot to do with Boise State. But Boise State isn't stupid enough to sue for something that was never under contract.

If Boise State asked for the $1.8M to be upped in proportion to the increase in the new contract, that could be interpreted as a breech.

Image result for h.l. mencken quotes

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5 minutes ago, bsu_alum9 said:

I'm just happy we aren't represented by Vandals.

image.png.71b294902e4c3f1a4f3a2d09a7f371d5.png

Steven B. Anderson - BYU JD, 1980 

Haley "Ivy Offers" Krug - Columbia University, U of Michigan Law School, 2007

Christy Arnold - Stanford University, California Western School of Law, 2005

 

But how many stars do they have? :ph34r:

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Just now, Swoll Cracker said:

Exactly my question. How has Boise been harmed to date?

A 6 year notice of a impending change to the contract seems reasonable, doesn't it?

"You pukin morons are just plain too dumb."

-bluerules008 aka jibscout aka Hal "Mosquito Man" Newman

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3 hours ago, BSUTOP25 said:

In other news, Idaho plans to reclaim its original territory.

200px-Wpdms_idaho_territory_1863_idx.png

So, they would be in a conference with  Idaho, Idaho St, Boise CC, Montana, Montana State, Montana Tech, Wyoming, and Wyoming Tech !

"We don't have evidence but, we have lot's of theories."

Americans Mayor

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