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Did I hear a WOOSH?

Conference Realignment thread

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On 9/26/2024 at 8:03 PM, utgrizfan said:

If the MWC wanted CTZ teams they should go for NDSU and SDSU, they would be just as competitive at the FBS level.

They still need 2 all sports members.

Id say if the can get NIU and Toledo, the odds that NDSU and SDSU being next up are greater. 

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On 9/26/2024 at 7:19 PM, wolf from 73 said:

That's why we have courts experts will strongly disagree.                                                                                                              https://x.com/mckenzielaw/status/1838976889857454386                                                                                                                   https://x.com/mckenzielaw/status/1838697926731927978

Legally binding contracts negotiated by both parties in good faith and signed willingly with no coercion is tough to break. The MWC threw the PAC12 a lifeline with the scheduling agreement and the PAC threw the MWC under the bus in return.

This is a simple case of overselling, overreach, over ego by the PAC12. OSU/WSU and Teresa Gould though they were worth more than they actually are and sold it to the 4 MWC schools. To entice Memphis, Tulane, USF and UTSA they knowingly poached (regardless of the poaching fees) BSU, SDSU, FSU & CSU to show them the vision of 10 team PAC-12. When the 4 AAC schools own expert's valuations of that 10 team PAC12 are the about the same as a G5 conference, that gamble blew up in their face and was the ego killing death nail.

And now that gamble didn't pay off with the 4 AAC schools, they now don't want to pay the $43 million for the 4 MWC schools because the OSU/WSU has buyer's remorse and doesn't truly believe BSU, SDSU, CSU & FSU are worth the poaching fees anymore. 

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On 9/26/2024 at 6:52 PM, Rebels2k3 said:

 

Thamel works for CBS. 
 

so if he’s saying it, then CBS is driving the bus here. CBS wants more flexibility in scheduling their programming. We could theoretically the MWC on tv all day, with Hawaii having the last game of the day at 12am est. like they used to on ESPN. 

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On 9/26/2024 at 8:19 PM, wolf from 73 said:

That's why we have courts experts will strongly disagree.                                                                                                              https://x.com/mckenzielaw/status/1838976889857454386                                                                                                                   https://x.com/mckenzielaw/status/1838697926731927978

https://x.com/mckenzielaw/status/1838753584441135133

I don't know enough about antitrust law to comment on the tweet you linked. But the same guy acknowledges that the PAC has a legitimate case with respect to liquidated damages, which is what I am arguing.

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On 9/26/2024 at 8:10 PM, UofMTigers said:

Memphis AD Ed Scott on why Memphis said 'no' to the Pac-12 offer... "that deal was not a good deal"

https://x.com/munzly/status/1839404501754929521?

He basically said the same thing we talked about earlier: emotionally I understand the desire but practically it doesn’t make sense.

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On 9/26/2024 at 3:28 PM, StanfordAggie said:

No, it does not depend at all on the language of the contract. Google "liquidated damages" if you don't believe me. They are only enforceable if you can show that the actual damages that you suffer are at least reasonably close to the liquidated damages. You can't put liquidated damages in the contract that greatly exceed any reasonable estimate of the actual damages to force the other side to honor the contract.

Honestly, if the liquidated damages are enforced, that's fantastic news for the PAC, because it indicates that the courts believe that the TV rights for the departing PAC members are very valuable. But I have serious doubts about that even as a fan of a PAC school. All non-P4 schools are basically filler content for TV networks, and I doubt that some filler content is significantly more valuable than others. That's why I think this whole thing is dumb and the two conferences should just do a full merger. But given that's unlikely to happen at this point, my expectation is that the PAC isn't going to owe the MWC much when this is all said and done simply because our TV rights are only slightly less worthless than yours. 😛

Yes it does matter how the contract was written up. Why was there a contract to begin with? Just because you googled the term liquidated damages doesn’t mean you know what’s going on. When the contract was signed by BOTH parties, the MWC was not suffering. The contract had penalty clauses to prevent future breach of contract which the PAC eventually and made it plainly obvious that they did. Penalties are under a strict standard and again, the key here is that the MWC was helping the PAC with scheduling even at the protest of Head Coaches in this conference. 

It’s going to be hard to prove that the MWC wrote up the contract to punish the two pac schools, the exact opposite was happening. The PAC is crying because their plan to dissolve the MWC blew up and use the savings to pay Memphis and other schools, the timing is interesting…why is this being brought up now? 
 

MW lawyers/Gloria: “At no point in the contracting process did the Pac-12 contend that the agreement that it freely entered into violated any laws. To say that the Mountain West was taking advantage of the Pac-12 could not be farther from the truth. The Mountain West Conference wanted to help the Pac-12 schools and student-athletes, but not at the expense of the Mountain West. The Pac-12 has taken advantage of our willingness to help them and enter into a scheduling agreement with full acknowledgment and legal understanding of their obligations. Now that they have carried out their plan to recruit certain Mountain West schools, they want to walk back what they legally agreed to. There has to be a consequence to these types of actions.”

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On 9/26/2024 at 10:25 PM, Did I hear a WOOSH? said:

He basically said the same thing we talked about earlier: emotionally I understand the desire but practically it doesn’t make sense.

there was also a lot of 'come back and make me an offer we can't refuse' to those comments...

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On 9/26/2024 at 7:34 PM, Rosegreen said:

Thamel works for CBS. 
 

so if he’s saying it, then CBS is driving the bus here. CBS wants more flexibility in scheduling their programming. We could theoretically the MWC on tv all day, with Hawaii having the last game of the day at 12am est. like they used to on ESPN. 

CBS has been a friend of the MW and Hawaii.  Give them what they need to do well so we do well.

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