Amended Lawsuit Claims FSU Should Be Excluded From Conference Business

The Atlantic Coast Conference filed an amended lawsuit against Florida State University on Wednesday, citing “serial breaches of critical legal promises and obligations,” as the league continues its proactive stance in a legal battle over a grant of media-revenue rights.

As reported by Pat Forde of Sports Illustrated, the Seminoles are seeking to create a financially viable exit from the conference they’ve been part of since 1991.

"The ACC, which filed the first of two dueling December lawsuits over the grant-of-media-rights agreement between the conference and Florida State, says it is seeking a declaratory judgment that its grant of media rights are valid and enforceable contracts," Forde wrote. "The league also is seeking 'damages' for alleged violations of league bylaws 'in an amount to be proven at trial but which the Conference believes will be substantial.' "

According to Forde, the updated complaint has three primary additions underscoring its breach-of-contract claim:

• FSU is violating an agreement league members signed twice, that the grant of rights at the heart of the dispute is “irrevocable” and one it agreed not to challenge. “[T]he ACC seeks a declaration that its Grant of Rights, which Florida State agreed to on two separate occasions, is valid and enforceable,” per the complaint filed Wednesday.
• FSU committed a breach of duty as a league member and may need to be excluded from ACC business. “Despite its actions and clear, direct and material conflict of interest, Florida State continued and continues to participate in the management of the Conference,” the complaint said. “Thus, Florida State participates in deciding fundamental policy questions for the Conference, even as it breaches its contracts and seeks to undermine the Conference’s objectives and purpose.” The ACC requested “a permanent injunction barring Florida State from participating in the management of the affairs of the Conference while it has a direct and material conflict of interest with the purposes and objectives of the Conference.”
• FSU breached the confidentiality agreement with the league and broadcast partner ESPN by making public financial terms of the ACC’s deal with the network. The ACC is seeking a permanent injunction to bar Florida State from disclosing that information.

“Put simply, Florida State takes the position that it is bound by a contract only so long as it chooses,” the ACC’s amended complaint stated.

A Florida State spokesman told Sports Illustrated the school was aware of the amended suit and had no further comment.