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Boise State Has Filed Suit Against the MWC

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Hair must have read @Jeffkills.

Just released a joint statement with BSU. https://themw.com/news/2020/1/22/general-boise-state-and-mountain-west-joint-statement.aspx

Quote

“Last week Boise State filed a complaint regarding media rights against the Mountain West Conference, however, that action alone does not formally begin a lawsuit. The University and the Mountain West are currently in discussions in hopes of bringing this matter to a resolution without litigation.”

 

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I assume that Boise will get whatever they are seeking as far as a continuation of their bonus in the tv contract that potentially exists in 2026.  That fact that they are threatening a lawsuit on this now leads me to believe they would like to remain in the MW beyond 2026.  

Hopefully, this can all be worked out without litigation.  I suspect it will be awhile, if ever, before the schools regain any semblance of collegiality  or even mutual trust.  

Many of the schools, including Boise have bounced around a lot over the last 30 years so it should come as no surprise to anybody that the deck may well shuffle again.

Can this marriage be saved? 

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Texas is unhappy with the Big 12 again, so there may be a P5 opening for Boise State on the horizon? But then again Texas is always unhappy with the Big 12. :D

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5 hours ago, Lobo Amor said:

I understand boise's argument but before a lawsuit can happen the MWC would actually have to not pay the 1.8 mil bonus first. Amirite?

Wouldn't this be like sueing for child support that is being paid right now but might not be in the future?

Boise has to agree to the terms of any contract negotiated by the MWC. It's not just about the 1.8m. It appears Thompson finalized the contract without Boise's approval.

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It is my understanding that the dispute is about a potential tv deal in 2026.  Boise gets their bonus under this deal going into effect next season.  Boise is subject to a majority vote just like everyone else in the conference.  

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4 hours ago, East Coast Aztec said:

In all honesty, SDSU doesn't get much from Boise.  We are perpetually on CBSSN, we aren't an annual game in football, and they don't move the needle in the other sports.  The difference without them would be maybe 300k/year per team.  Not that much for SDSU.  

The Mountain schools would probably not like it though.

So, Boise only brings three million a year to the MWC with this contract.  You might want to do a bit more home work.

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1 hour ago, Jeffkills said:

Again, if you have no writing, the agreement you'd like to enforce needs to be valued < $500.

If you're contracting for more than $500, write it down, as opposed to eating your own feces like Hair....

 

That's not for the value of the agreement, it's for value of a sale of goods.  Media rights are probably not considered goods, but there is a technically a non-zero chance that I'm wrong.  

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4 hours ago, SharkTanked said:

They either have an AAC invite lined up or want to test Indy is my guess. Seems like both are trying to poison the relationship enough to finally sever it,

 

4 hours ago, Fowl said:

You use the threat of a lawsuit to negotiate...

 

With saying they want more than the $1.8 mill, it sounds to me like they're using a tactic similar to what Gonzaga did. "Give me what I want or I'm going somewhere else."  That, along with the fact that they want a jury trial.

I have only read halfway through this thread so far, so I could totally have missed something countering this..

 

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Fukking Hair is already rolling over. Does he even have counsel?  I have seen a Buddhist yoga studio put up more of a fight.  Literally saw some peace-loving hippy Buddhist yoga people hold their nerve in a lawsuit more than Hair.  

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4 hours ago, jdgaucho said:

 

Tromp just became Boise's president.  Can't fault her on this.  

*unless it's the presidents and chancellors who vote on new tv contracts, and not ADs.

Don't underestimate Dr. Tromp.  She knows exactly what she's doing and she makes the final decision. The presidents are the members of the board of directors for the MWC.

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5 hours ago, MWC Tex said:

Maybe 6 years from now, but as of today they are getting their $1.8 million.  
Why are they suing for something 6 years in the future?  
If BSU wants to sue the MW, then I guess the next vote is to remove BSU from the conference.  Only need 9 members to do so.

 

5 hours ago, battle.borne said:

 

5 hours ago, CV147 said:

Wouldn't the MWC have to deny the $1.8 million first before Boise can claim to be an injured party and therefore have standing to bring the case? I don't think it's clear the conference has done that, from my skimming of the suit. It looks to me like there was a vote as to how the conference should proceed over the next six years.

 

5 hours ago, VandalPride97 said:

What's the law on perpetual contracts out there?  Here, I've won arguments based on the notion that absent a termination provision, open-end contracts can be terminated upon reasonable notice by either party.  Anyone have a copy of the re-entry agreement?

It was referenced as being included as an exhibit, but I don't remember seeing the re-entry agreement at the end of the complaint.

4 hours ago, Broncomare said:

I think another part of it, if I read correctly, is that Boise State did not agree to the terms of their home football games, as stated in the terms sheet.

I quoted way too many people as I was reading through the thread, and it seems like everything got answered by others first, so I'll just reiterate what Broncomare said in that Boise State is alleging a breach of contract by the conference by

1) voting on and approving a new media deal without Boise State's approval and 

2) voting on and approving a cessation of the allegedly perpetual contract already in force.

Boise's end game may be solely to continue the $1.8 million perpetually.  Although, based on the lawsuit's description of the scene with Thompson plotting with Apsey/Tromp about how to increase the amount, wouldn't be surprised if they are not satisfied with the $1.8 and want to capture a larger chunk of the value they feel they bring to the league.

And I'll reiterate what Stunner said and what Jack has said repeatedly - BYU never asked for more money from the conference.  They just wanted their fans to be able to actually watch the games.  BYU was assured by the conference the appropriate provisions would be in the contract.  BSU knew better than to trust the conference and got their assurances in writing.

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