Florida State lawsuit vs. ACC to remain in Tallahassee with new ruling

Florida State’s lawsuit against the ACC will remain ongoing in Tallahassee after another ruling Friday.

Judge John C. Cooper denied the Atlantic Coast Conference’s remaining motions to dismiss five counts in FSU’s complaint against the league. He did so via email — first reported by the Tallahassee Democrat — without explaining his rationale. The decision allows FSU to keep arguing its complaints about sovereign immunity, antitrust concerns and the unenforceability of the league’s grant of rights as it explores an exit from its conference home since 1991.

The ACC’s next response to FSU’s nine-count complaint is due within 20 days of the court’s final order. Cooper also cleared the way for discovery — the sharing of information and documents — to proceed.

Cooper’s email follows a similar ruling from the bench during an all-day hearing at the Leon County Courthouse earlier this week. He rejected the ACC’s jurisdictional concerns about whether a non-profit based in North Carolina can be sued in Florida. Instead, Cooper determined the ACC can be in a Florida courtroom because the league does enough business in the state (with televised sporting events at member schools FSU and Miami, for example). The judge also denied the conference’s motion to dismiss two specific parts of FSU’s complaint: that the ACC’s $140 million exit fee is unenforceable and that the ACC broke its constitution/bylaws with everything from improper votes to lopsided College Football Playoff payouts.

This week’s decisions mean the complex, critical litigation will continue playing out in multiple courtrooms in multiple states. The ACC has sued FSU in North Carolina; the school has appealed an early rejection to that state’s Supreme Court. Clemson and the ACC have their own dueling lawsuits in the Carolinas over the same contracts and general issues.

The answer — or answers — judges reach in the coming weeks, months and (gulp) years will determine what the Seminoles and Tigers must pay if they leave the ACC. The nine-figure exit fee is one part. The bigger factor is whether the school or ACC owns future TV rights if a team bolts before the current ESPN contract expires (as late as 2036). The value of those rights exceeds $400 million, according to FSU.

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