FSU vs ACC: Legal EXPERT Says FATAL FLAW in ACC's Complaint

[@left_lane__legends9175]

We won the ACC championship. Now we’re going to beat the actual ACC

[@djferg4669]

Facts🍢

[@terrellmedlock6235]

Love it!! 😂😂

[@LilBoiPeep69]

@@terrellmedlock6235i bet pal

[@chuckroutionGB2022]

You got skull drug by Georgia

[@LilBoiPeep69]

63-3

[@DaninVa-gt9nj]

I am a SC fan and SC was virtually kicked out of the ACC in the early 70s. Now it appears Bad Karma is coming around to bite the ACC's butt. SC realized its mistake(at the time)of leaving the ACC and tried to get back in mid to late 70s but was told by the ACC to pound sand in a, surprising for the ACC, kind manner. If the ACC had acted in a legit manner and not have kicked SC, a founding member, out, they might be in better shape today. Would love to have FSU in the SEC but it looks more like the B10. It's a bad look for a conference suing one of its own members. I am glad to see the ACC twisting in the wind. SC is now a member of the best conference in CFB because, ironically, FSU declined membership in the early 90s. Now it's a sure thing that ND won't become a full fledged member of the ACC with all this turmoil. Hope, hope the ACC follows the Pac12 into oblivion. The ACC was once a desirable conference. Now it's reduced to adding a B12 reject and left over Pac12 members.

[@johnmcallister9670]

You don't mess with the Rohan

[@earlygenesistherevealedcos1982]

It just astounds me how all sloppy all of these highly-compensated big-time university-affiliated execs are. I am a simple land agent, yet I know to check and make sure that the people signing the agreement are the ones legally authorized to sign it. It is like the higher up you are in this upside-down society the more incompetent you are.

[@inojoking]

Totally agree. And the higher up the more lazy they become and are really just interested in counting the money they personally profit.

[@r.guardia9107]

John Thrasher was the president in 2014. Enough said. The same clown who hired Willie Taggart to a 30 million dollar contract. Like 95% guaranteed…

[@jamespruett2849]

So this sounds like why the commissioner of the ACC wanted to keep the Grant of Rights locked away and no one could see it ,he didn't have the authority to sign it

[@DaninVa-gt9nj]

Yeah, why the big secret? What's he so afraid of?

[@artbagley1406]

FAT CATS have big arses to hide. Now, to determine if one man dragged the whole group along with him, or if some ACC voices were raised in opposition. Also: you'd think there are some FSU business/finance/banking professors who could put together a fund-raising entity WITH FSU'S BEST INTERESTS AT THE CORE.

[@RoscoPColtrane17]

Noles are gonna come out on top. Let’s go grads!

[@Prettynolegirl]

People forget that these are regular people with fancy degrees who are really clueless. I work for a fortune 200 company who makes billions but the management is clueless so this doesn’t surprise me at all 😂 Go Noles!!

[@networkg]

Have not heard that Latin phrase since law school (FSU 1983!)

[@CubaLibre69]

The statute of frauds probably applies because of the length of the contract term. So there has to be a signed agreement. And a contract must be signed with someone with legal authority to bind the party. “1001.72 University boards of trustees; boards to constitute a corporation.- (1) Each board of trustees shall be a public body corporate by the name of “The (name of university) Board of Trustees,” with all the powers of a body corporate, including the power to adopt a corporate seal, to contract and be contracted with, to sue and be sued, to plead and be impleaded in all courts of law or equity, and to give and receive donations.“ Unless the Board signed the GOR, this statute seems to screw the ACC. Am I wrong? Law is cool. 😁

[@davidt62]

I will be following on Twitter. You provide excellent balanced reaction to these filings. Not sure if I want to see the details of the Twitter write up. Keep it coming!

[@7empest376]

Welp ACC good knowing you..... Looks like were not gonna pay nothing to get out..... We should be paid for this too...

[@TNBuckeye1617]

Wouldn’t it be the Florida Courts, almost exclusively, that would actually need to decide what it means for the Board of Trustees to approve the contract? During Covid-19, a Federal Court asked the Michigan Supreme Court to interpret an emergency powers act (I think it was) only to have the Michigan Supreme Court strike the law down as unconstitutional under the Michigan Constitution.

[@user-AARP.TERRY.708]

I am an OSU fan and stumbled across your POD. This was a fantastic show! It was educational and very professional and refreshing to see a POD using professional to answer questions. Great show!

[@SurferRC]

Acc done messed up!

[@inojoking]

After working in corporate America for about 20 years, I have come to realize that a lot of people are highly incompetent in life and their jobs. If the people for-profit firms hire are that incompetent, imagine how bad these folks working in the nepotism-filled sewer that is higher learning administration are. This whole mess, I think, proves why these huge profits for collegiate football need to be separated out from schools and run as separate businesses like NFL franchises. They simply don't have the expertise or know-how to handle this, and as we can see here, presidents are signing off on anything apparently while not even bothering to read it.

[@jaysmith7725]

FSU I believe will be better this year

[@tommyjohnson43]

I have a feeling that when it comes time for “ discovery ” that the ACC will clutch their pearls and be done.

[@DaninVa-gt9nj]

😄😆

[@arronfrazier7873]

The ACC was doomed when it kept letting the BB schools lead the ACC the last 10 years, knowing football would lead! Jon Swofford former commissioner is a UNC grad! The 10 years deal was fine but the 10 extension was not! Only a fool would believe the ACC would be fine knowing the SEC and B10 would sign 2 more deals before the end of the 10 year deal and then the 10 year extension. Somehow, Swofford, he believe that was great for the ACC! Really! Another non move was going full court after Texas and Oklahoma about 5 or 6 years.

[@cholder68]

Cool, Doug has one of out picture of Sammie Smith and Victor Floyd on display.

[@dougrohan6746]

Courtesy of the Atlanta Seminole Club! Thanks for noticing.

[@observer466]

A vote of no confidence by the members does not end the litigation. You also left out another legal Latin phrase. Contra proferentem. If there is a vagueness in a document, it is construed against the party that drafted it, which was obviously was the ACC. The suit in NC should be dismissed and the case should moved to FL. Probably without prejudice. And personally I do not see the NC judge opining on anything other than the failure of the ACC to authorize the suit. Going beyond that with no evidence is tricky. I totally disagree that a FL court could simply dismiss without hearing any evidence. As far as the president vs. FSU Board, it seems that there is a possible issue of estoppel against FSU. I have not looked at any of this stuff and perhaps there can never be estoppel in the sovereign immunity matter. Can the State of FL assert sovereign immunity, without regard to anything that FSU did or did not do? If the failure of the FSU Board to act is the key, then it does not help any other members get out of the ACC. That actually might be a good result for the ACC and allow them to easily settle with FSU. As far as the duty of lawyers to be total forthright in pleadings, give me a break. I have been practicing law for 45 years and have never seen anyone punished for filing a bull dingy complaint. Remember as they say, "One can sue the Bishop of Boston for Bastardy".

[@LilBoiPeep69]

wrong

[@JakeGavin2]

Great information

[@DYRFootball]

It’s incredible to watch how insanely stupid the ACC is. They mess up nearly everything they attempt.

[@None-dj8iy]

Love FSU, come on over to the B1G and give slohio grief with meeeechigan😮😮😂😂😂😂😂Gooooo Bluuuuuueeeeee Baby!

[@fritzlouderback]

Thanks!

[@johncmoore416]

You were glistening at the beginning of the video.

[@SuperBen7878]

The case may be dismissed on the ground that there is no valid contract. Only the Florida board of trustees and not the president had authority to enter into a contract. I foresee a small settlement which would not affect other parties.

[@libbymccullough9151]

Does Statute of Frauds also apply in that a contract for this much $ also has to be written, if there was not a legal signed contract?

[@oohhlongjohnson3126]

Excuse me sir....... is that an Argentina shirt?🤣

[@SuperBen7878]

love it!!!!!!

[@seandavis2520]

Sammie Smith and Victor Floyd ?

[@dougrohan6746]

yup, courtesy of the Atlanta Seminole Club.

[@10pointdown]

Gooood show

[@claytongardinier5179]

This question may have been answered before so I apologize up front. What is the advantage or the circumstances for which the ACC wants portions or all of the contractual agreement to secret? Especially to its member institutions.

[@dougrohan6746]

We don’t know because we haven’t seen what is being kept hidden. So far FSU has disclosed some of the information such as the revelation that there is no ESPN agreement beyond 2026 right now. We don’t know what other details. They are trying to keep secret because they’re still being kept secret.

[@jonm4501]

I am sure the President has signed all kind of contracts that are perfectly valid and legally enforceable. after all he is an officer of Florida State University. I don't think the BoTs argument will fly. Sovereign Immunity has to do more with litigated damages, it doesn't mean much as to the signing authority. Even if technically the BoTs was supposed to sign, the fact the President signed and there will probably be hundreds of other agreements he signed, will mean to a judge that the legal intent for FSU and its BoTs to honor the contract was there. AND ANYWAY, its highly likely somewhere in writing that the BoTs delegated signature authority to the President on all kinds of agreements and amounts.

[@dougrohan6746]

You cite emotional reasons why your point should be valid. The law doesn’t like “implications” when the law is clear. Implications can be used to fill unanticipated gaps, where the law is silent. But a judge will not overturn clear legal requirements because of tradition. If the law says a contract must be signed by the BOT, then a contract needs to be signed by the BOT.

[@EthanCohen-r2p]

FSU's assertion that only its Board of Trustees could bind the university to the Grant of Rights is ridiculous. This argument, if accepted, would have crippling consequences for FSU's day-to-day operations and fundamentally disrupt established norms of delegated authority within FSU. The BOT would effectively have nothing else to do than evaluate and sign contracts. If FSU's argument were to hold (it won't), then that would toss literally COUNTLESS other contracts into question. Who signed the Nike deal on FSU's behalf? Can Nike now rescind?

[@dougrohan6746]

It’s not an assertion. It’s a statute in the Florida code. That being said, absolutely the process is streamlined by granting the president the authority to sign on their behalf on occasion. The question is “was that done here?” Where is the line, if any exists, where the president can act as the designee of the BOT. My point here simply is, the allegation was made and the law appears to support the allegation. Hence repeatedly stating “if true” regarding these allegations.

[@LilBoiPeep69]

homies cant take the criticism

[@FSU.Seminoles1]

Let's say that FSU is out of the ACC and in another conference this fall. If that's the case, I'm assuming we'd be looking at an entirely different schedule? Am I correct? If so, Kirby and Nicki won't be concerned in Ireland.

[@dougrohan6746]

2024 schedule is set in stone. No matter what we will play those games. There is a slight question of 2025, but I think we are still in the ACC for that year. Even if this goes FSU’s way we have to provide notice before August 15 of 2024 to avoid a 2025 schedule. I don’t think that happens and I think our 1st non-ACC schedule comes in 2026.

[@FSU.Seminoles1]

Thank you for the clarification. @@dougrohan6746

[@None-dj8iy]

As a meeeechigan fan, I hope your play is in the B1G this coming fall😮come on over Noles!

[@chuckroutionGB2022]

FSU might be out but nowhere to go

[@john-mc4zo]

If ESPN wants to make this insterested then all theynhave to do is sign on the dotted line later this week and make this go thought 2036 instead of 2027

[@geraldstultz1321]

Bye Felicia!

[@Itszachmiller]

Double fries go Law

[@slayer7682]

Canes going to whip yalls ass next season.

[@LEE_65]

What if they make FSU pay back all the money they received under the contract?

[@DoubleFriesNoSlaw]

They can't. They received money for FSU appearing on TV and fulfilling their duties during each year they got paid.

[@505premoto]

The money they received? Are you for real? What money? Last year, FSU put $78m into the coffers of the ACC and only got a meager $36m back, a $42m deficit. Who would FSU pay the money back to? Themselves? I guess that could work. Excellent suggestion. Thanks.

[@billsparks5255]

More BS

[@EthanCohen-r2p]

This guy is a legal clown who is way out of his league. All of his videos have been highly misleading about the law. I'd give him a pass if he were not so wrong and so misleading to a group that is fired up. He obviously doesn't know how copyright or contracts work.

[@505premoto]

I noticed that you never provided any examples. Why don’t you tell us how contract law works seeing as you know more than he does. You have the microphone, let’s hear it.

[@r.guardia9107]

Didn't realize you are a 7 figure contract attorney? 😂 More like a greater at Walmart. 😂 Have a little break to post your worthless dribble? 😂

[@EthanCohen-r2p]

@@505premotoGee, let's see how this clown Rohan obviously cannot comprehend as a lawyer: 1. Let's start with how FSU signed the GOR, not once but twice. This is hard to overcome absent a recognized contract defense, but . . . 2. FSU has asserted no meaningful contract defenses. It reaches for the "frustration of purpose" defense, but in FSU's eyes that essentially means that unless FSU receives the highest amount of media rights distribution available anywhere in the country, the commercial purpose of the ACC is frustrated. The logic of that is absurd. 3. The Swofford allegations are from 2008. The ESPN-ACC deal and the ESPN-Raycom deals were signed in 2010. The GORs were signed in 2013 and 2016. FSU waited until 2023 to voice any grievance and didn't even file suit until December 22, 2023. There is this little thing called the "Statute of Limitations" that FSU has a problem with. 4. The Swofford allegations are a big nothing burger. It's based on conjecture and nothing internal to FSU. Even if they were somehow relevant, and they are not, those allegations are literally 16 years old. Can you hear me on the mic now?

[@505premoto]

@@EthanCohen-r2p Hmmmm…….the ACC constitution requires a meeting advertised three days in advance and a 2/3’s majority vote BEFORE taking any legal action against a member school. Therefore, the ACC was NOT authorized to file suit. Let’s hear you explain that.

[@505premoto]

@@EthanCohen-r2p The ACC, in their rush to the courthouse to be first, filed their suit BEFORE the FSU BoT had even met. Therefore, NO damage had occurred. That is like the police arresting someone for robbing a bank because they had talked about robbing a bank. In legalese, that filing was premature.

[@grace4charles]

If in fact the President did sign the ACC contract w/o BOT authorization and it “not valid”. Could the ACC accept that and ask back all previous revenues FSU took from the ACC over the past 15-20 years. In essence FSU took money when they had no right to??

[@FSU.Seminoles1]

I was thinking the same.

[@dougrohan6746]

No, because FSU was paid to perform. The performance occurred, and the terms of the contract were fulfilled. Both parties acquiesced to an invalid contract and are both made hole through that process. This could be a best case scenario for the ACC because FSU wants out and the ACC wants to keep everybody else in. If FSU can get out on a technicality like not having a ballot contract, but all the other contracts are valid, that would be a win-win for everybody.

[@505premoto]

@@dougrohan6746 Regarding that “previous revenue”, whose revenue was it? Last year, FSU put $78m into the coffers of the ACC and got a meager $36m back. That is a deficit of $42m that the ACC “took” from FSU. In the 31 years that FSU has been in the ACC, it has put in something like a BILLION dollars more than it has received. FSU is not the beneficiary but the benefactor. Who, exactly, would they pay the money back to, themselves?

[@adam6072]

I wish FSU would just get it over with and leave. ACC football is irrelevant.

[@ocho8686]

It’s not as easy as you just wishing/saying it. It’s a process which we’re in now be happy things are in motion currently. Patience is a virtue will get there.

[@djferg4669]

No disrespect, but wtf you think they're doing?

[@SurferRC]

Acc second best conference by EVERY METRIC last 20+ years! Are you this casual?? 🤡😂🤦🏼‍♂️

[@adam6072]

@@ocho8686 True. I am just eager to watch FSU play a schedule in a conference which matters. The ACC is really just a parasite at this point.

[@antoniobaker7033]

You do realize that this ain’t some fucking leave when they want to right ?

[@tjlvm]

63-3

[@None-dj8iy]

Auh yous feels betters nows little one???😢😢😢😢😮😮😮😮😅😅😅😂😂😂😅😅😅😂😂😂Gooooo Noles to the B1G!

[@nolessgifted6333]

Y’all ain’t going nowhere. Hopes in dreams in 2027.

[@adam6072]

FSU will leave the ACC. Guaranteed. The only question is how much will it cost us. The fate of the ACC is as sealed as the fate of Titanic was once it struck the iceberg.

[@TallyHo850]

By the time you realize FSU is gone it will be too late 😂😂😂😂😂THE ACC iS DEAD an yes the Noles did it 😂😂😂😂

[@mikeduggan6516]

So miami Tarheel an Noles too big 10. Notre dame follows WE ARE FREE

[@nolessgifted6333]

lol. 1st it was to the SEC and now it’s the B1G. Looks like someone is getting too big for their britches.

[@adam6072]

@@nolessgifted6333 The ACC as a power conference is finished. The Big 10 and SEC will take the big brands, and the rest will wish FSU had stayed in the conference.

[@dwzaphod]

You FSU guys are hilarious. You actually think lawyers from the Bobby Bowden school of law, dentistry and animal husbandry are gonna get you out of contracts written by Harvard and Yale guys? You’re dreaming. You’re lucky any conference would even have you after that disgraceful loss to UGA when your players gave up. FSU is, was, and continues to be an embarrassment to the ACC.

[@paulclifton655]

Yawn …

[@Prettynolegirl]

Sounds like a clown who couldn’t even get into clown college 😂 who hates FSU so bad to just be ready to comment on all things FSU. Go Noles!!!

[@powell4661]

I am old, and this reminds me of GT being tricked by Bear Bryant in the 60s into leaving the SEC.

[@nah3193]

You actually think commenting on FSU's 7th most popular football coverage channel is going to hurt my feelings?

[@TallyHo850]

@dwzaphod let me guess you’re a Wake Forest fan 😂😂😂😂

[@leaannholladay7537]

What is the point to all this? It will not change what happened and other conferences may not want to let FSU in because of this.

[@MichaelHiers-eb4tc]

Who wants CRY BABIES????

[@terrellmedlock6235]

FSU has a landing spot…

[@Lamoureuxracing214]

@@MichaelHiers-eb4tcwho’s crying 🤡

[@LilBoiPeep69]

@@Lamoureuxracing214fsu fans 63-3 🍊

[@r.guardia9107]

Hey Mikey, UF keeps losing to crybabies? 😂