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WVU’s motion to dismiss Big East lawsuit could reach resolution next week


For West Virginia, which plans — perhaps on a whim — to join the Big 12 by July 1, 2012, time is of the essence when it comes to the dueling lawsuits between the institution and the Big East conference.

The better part of the last month has been a back and forth battle between the two. Toward the end of November, WVU filed a motion to dismiss the Big East’s breach of contract lawsuit against the school. The Big East’s litigation, which was in response to WVU’s lawsuit against the conference, was planned for court in Providence, Rhode Island. Naturally, WVU wants its lawsuit, located in the Circuit Court of Monongalia County, to be the only one fought.

WVU responded to the Big East’s motion to dismiss on Dec. 9; the conference filed that motion just a few days before. Today, a hearing was held on WVU”s motion to dismiss the Big East’s lawsuit. Following the hearing, Providence County Superior Court Judge Michael Silverstein said he would prefer to make a ruling on WVU’s motion sometime next week.

Monongalia County Circuit Court Judge Russell Clawges has scheduled a hearing on the Big East’s motion on Dec. 19 in Morgantown.

A ruling on either motion would give WVU six months to figure out how they’ll get out of the 27-month waiting period for leaving the conference as stated by the bylaws. A trial is tentatively set for June 25 of next year; personally, I doubt it gets to that point.

The school asserted in its motion against the Big East that the conference is making “an entirely unwarranted attempt to sidestep the jurisdiction of the West Virginia Circuit Court, which is the appropriate Court to hear the matter” and that the Rhode Island court lacks jurisdiction over WVU.

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20 Responses to “WVU’s motion to dismiss Big East lawsuit could reach resolution next week”
  1. woebegong says: Dec 16, 2011 3:00 PM

    Just give it up and let them go Big East. I am sure your conference can lure another west coast or mid west team, to join the “BIG EAST” (?). Most likely you are diluted with enough small market teams that the NCAA will take away your AQ status in football anyway, unless Boise State can save it for you.

  2. harleyspoon says: Dec 16, 2011 3:00 PM


  3. tigersgeaux says: Dec 16, 2011 3:16 PM

    woebegong and harleyspoon have it right! Let WVU go where they want to go. They were the football class of the Big East and the Big East has decided to go a different direction and WVU needs to be with those who will give them some competition and challenge that they may achieve greater attention and excellence. This case appears that the Big East is trying to save face, but just drop it and let them go.

    Best to all our Mountaineer fans we met last year in Baton Rouge. Good people…now back to my shift.

  4. deadeye says: Dec 16, 2011 3:38 PM

    Yeah, the Big East just needs to let them go and in exchange negotiate a higher exit fee. Trying to force a university to remain in a conference against it’s will just seems like a losing proposition.

  5. fitz66 says: Dec 16, 2011 3:54 PM

    I still don’t get why this is ongoing. They offered Pitt a contract buyout. They offered Syracuse a buyout. They let TCU off the hook.

    The BE has managed to look like a bitter ex-girlfriend here. Give them the same deal and move on that east coast team, Boise.

  6. giablommi says: Dec 16, 2011 4:50 PM

    “They offered Pitt a contract buyout. They offered Syracuse a buyout. ”
    Nowhere has it been reported that Pitt and Cuse will be joining the ACC any time before 2014. Source?

    “They let TCU off the hook. ”
    TCU never began play in the conference.

    Not really any different than if you got engaged to a girl and broke up before the wedding. Are you going to be paying half? Don’t think so.

  7. giablommi says: Dec 16, 2011 4:53 PM


    Uh, right. Nothing says “right” like instituting contractual bylaws and then summarily trying to weasel out of them.

    WVU has no legal or ethical leg to stand on.

  8. acieu says: Dec 16, 2011 5:02 PM

    To the Big East Pharoh: Let my people go.

  9. gatorsrock says: Dec 16, 2011 5:50 PM

    Which cat is the little east?

  10. csuxrr says: Dec 16, 2011 6:01 PM

    The leg WVU has to stand on is the poor management of the conference.Wether that’s enough to get them out of the conference early, only time will tell.

  11. thefiesty1 says: Dec 16, 2011 6:15 PM

    The wheels of justice are moving way too slow in this situation. The BE can’t hold WVU hostage. Take the buyout and move on with their little fiefdom.

    The BE can fill their schedule with MAC teams that are on par with what’s left in the BE.

  12. fitz66 says: Dec 16, 2011 6:58 PM

    giablommi ,
    “Nowhere has it been reported that Pitt and Cuse will be joining the ACC any time before 2014. Source?”

    Exactly where did I saw that they would be bolting before 2014? I said they were offered a buyout. Because, well, they were offered a buyout.

    CBS Sportswriter:!/patricksouthern/statuses/129941093222588416

    You sound bitter – which remaining Big East team are you a fan of?

  13. fitz66 says: Dec 16, 2011 6:59 PM

    And TCU signed the contract – which is they had to pay the $5 million up front.

    Your engagement analogy sucks.

  14. slypenny says: Dec 16, 2011 7:00 PM

    Syracuse and Pitt have not been offered any early exit fee. They are not trying to bypass something they agreed and signed to. Other than WVU trying to bring “home court” to a new level, this should be open and shut. BE officials are not trying to prohibit WVU from leaving, just from exiting in less time than they all agreed to. WVU should not have promised something to B12 that they were not sure they could do.

  15. slypenny says: Dec 16, 2011 7:01 PM

    TCU signed so they had to pay the exit fee, but since they had not started any play in the BE they were not held to the 27 mo exit fee. Not that hard to understand.

  16. 6ball says: Dec 16, 2011 7:13 PM


    Never mind the facts. It’s going to be tried in Rhode Island. You’d get more justice in Iran. The judicial system in RI is a joke.

    I have a judge who ruled in open court Khalid Sheik Mohammed deserves a lawyer, but I was unworthy.

    Rhode Island is a garbage state, run by a garbage governor, devoid of a judiciary.


  17. wvucolumbus says: Dec 16, 2011 9:29 PM

    This is so ridiculous. The Big East was doomed when Syracuse and Pitt decided to leave NOT when TCU and WVU decided to leave. The latter 2 will be found to rightfully exit an incomplete conference. The former 2 haven’t complained about leaving before 27 months. Therefore, it’s all good. TCU and WVU leave immediately and Pitt and Syracuse leave after 27 months……all schools paying the $5 million exit fee.

    (TCU and WVU because the conference changed considerably)

  18. speedel says: Dec 16, 2011 10:06 PM

    The Big East still exists, has not changed anything that will result until after WVU, Pitt, ‘Cuse leave.

    The Big East will be the same conference it has always been until after these teams leave so i fail to see how they are losing anything from their original agreement until after those teams leave?

    If they were forced to stay after the other schools left then they could have a case, but until then, stiff shit

  19. helenh777 says: Dec 17, 2011 12:47 PM

    I am glad to hear that they will rule on these things next week. I am very weary with the on and on talk about this. For one thing I am not an attorney. Doubt any of you are. Why would an attorney be yacking about this? I just hope for the best for W. Va. Will be glad to get to the Big 12. I really feal for Pitt. Sure know how they feel. Been there. Best to you in your search for a new coach. Maybe he will be a better fit.
    Looking forward to playing Ok. and Ok. St. even though I really do not understand their sour grapes. Think they are better than Alabama, and think they belong in a better BCS game. Gee people. Be happy you are in a BCS game. Same thing goes to the mountaineer who speaks no Spanish so will not go to the Orange Bowl. Phoey. I am not 25, I do not speak Spanish but if I could afford the tickets I would go see my team play. I will be watching on TV and I will be rooting for my team. Glad they are in the Orange Bowl. It is a BCS Bowl. Go mountaineers.

  20. lookatthefarside says: Dec 18, 2011 8:12 PM

    People love cat fights.

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