@WinterSportsLaw Take a look at Ex Parte Young, 208 U.S. 123 (1908). Sovereign immunity doesn’t exist where a party seeks injunctive relief for violations of Federal intellectual property laws. So the ACC can seek an injunction against FSU to prevent it from marketing its media rights.

@Frank_Cawley Yep, I’m well aware of it.

@WinterSportsLaw How? Sovereign immunity is for tort actions, not contracts.

@CFBWhatNot2Wear Can apply to both. Mike Leach wasn’t able to sue Texas Tech for breach of contract because of sovereign immunity law. I’ll have to look at how strict Florida’s sovereign immunity laws are.

@WinterSportsLaw A viable theory at least to pass MTD is that GOR isn’t allowed to be publicly viewed in violation of Florida’s sunshine law regarding state contracts of this nature. FSU did not have authority to sign it and the contract is void ab initio.

@WinterSportsLaw I don’t think sovereign immunity issues will play a big part in this.

@WinterSportsLaw

@WinterSportsLaw and then of course all the "commits" will want to move into the T-P right away because of this and the NCAA no doubt will cave and MORE lawsuits will be coming up shortly.

@WinterSportsLaw Doesnt this article say a challenge would be in Delaware and not a friendly court in Florida?

@WinterSportsLaw I'm sure this won't impact negotiations on any future contracts for FSU 🤣🤣🤪

@WinterSportsLaw If they go this route and win, they'll end up independent because they've basically told every conference they'll do whatever they want and are not legally bound by any agreement they sign with a conference. It will have ramifications throughout the university system. Good luck

@WinterSportsLaw It is an interesting idea to blow up a conference to join another. If a conference is not a thing, how can you join one?

@WinterSportsLaw If they end up in federal court (and I would think it would since it’s about National broadcast rights), sovereign immunity is not a defense to action for breach of a contract for goods and services. This is true in most states, as well, btw.

@WinterSportsLaw I'm not saying that FSU wouldn't try that argument, but I'm unsure of how successful it would be. It could set a slippery slope by establishing precedent to break contracts with impunity if courts granted it.

@WinterSportsLaw What would a successful challenge to the ACC’s Grant of Rights do to each and every aspect of Conference-Member agreements throughout the Power 5? there has to be at least one member that disagrees with most provisions… How can any Agreement survive?

@WinterSportsLaw wouldn't success in a suit like this make FSU unpalatable as a future media rights partner in whichever conference they might end up?

@WinterSportsLaw Sovereign immunity doesn't make any sense. Whoever FSU tries to resell/re-grant their rights to (Fox/B1G) is the one that will get sued, not FSU. Fox ain't going to pay for rights to games that they know they can never air.