FSU doesn't even have fellow FL "citizen" Miami joining them in their complaint. It's a huge problem with all of their core arguments: How can all of these terrible acts by the conference leadership only victimize them?
I finally skimmed the FSU complaint. It's pretty bad. Lots of "table pounding" in there. Looks like Greenberg kicked it down to a summer intern and said "have fun kid." It's got a count literally titled "Unenforceable For Several Other Reasons" LOL. aka "I know there's no actual cause of action for this stuff but the client insists I throw it in anyways." It's littered with citations to media articles masquerading as factual evidence. All in all it's really just embarrassing.
There's a bunch of vague duress (huge loser) table pounding interspersed but their actual claims are:
Unreasonable Restraint of Trade (loser)
Unenforceable Penalties (aka liquidated damages)
Material Breach (loser)
Breach of Fiduciary Duties (loser)
Frustration of Purpose (loser)
Several Other Reasons (aka pound the table some more = loser)
Violates Public Policy (massive loser)
So they're hanging their hat on liquidated damages but that's a relatively complicated and nuanced analysis. It's not simply "this number is too big to be reasonable." Big numbers are fine if the other elements are present. Honestly it's all they've got so it's what I would do too gun to my head so to speak. IMO this is simply an attempt to force the ACC to the table to negotiate a reduced buyout. Litigation is a dynamic process where the parties test their leverage and attempt to arrive at an acceptable settlement value. More often than not that happens. Sometimes it doesn't. The wins and losses along the way help determine leverage and drive settlement value.
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