Motion to dismiss

[Itsux2beaewe]

It is black letter law that you cannot collect full damages from separate sources for the same harm to receive a windfall just because multiple parties might be liable. MWC has to basically prove 2 things: (1) that the combination of exit fees and poaching penalties is a reasonable estimate of actual harm; and (2) that there was some intervening event or change of circumstances which would justify the MWC to seek additional damages from a separate source for a harm that was presumably figured into the original exit fees determination (my suggestion is that the MWC ceasing to exist only became foreseeable after the PAC blew up and after the exit fees were already in place and then the need for additional penalties to mitigate this additional risk/harm).

I don’t understand your “same harm” term.

Poaching fees and exit fees are different events.

 

[OrediggerPoke]

I don’t understand your “same harm” term.

Poaching fees and exit fees are different events.

The harm they both address is losing a team from the conference.

 

[ragtimejoe1]

The good faith merger clause is going to be an issue for the pac. Why not simply merge and avoid the fees? There must be more value to the pac and all the schools that left than the contractual fees. If their TV deal is worth 4 mill per team per year more than ours, that's 36 mill per year x 5 year contract = 180 mill loss. I don't think the numbers are that much out of line.

The play here is to shift as much of the poaching/exit fee money to the traitors as possible. It's a lot easier to try to shake states down for money to cover the fees for the universities in their state than it is to shake them down to pay money to a conference entity. I don't think osu and certainly not wsu have the money to cover 55 mill.

I'm thinking 35% chance all in favor of MWC.
45% chance of settlement in 100 to 110 mill range.
20% chance all in pac favor but still get 80 mill or so exit penalty.
0% chance the pac gets away AND the traitors don't have pay or even greatly reduced rate for traitors. The traitors won't get out of exit fees or even a substantial reduction.