Florida State takes home-court loss in ACC lawsuit, but case ‘not over’

TALLAHASSEE

Don’t make too much of a Leon County judge handing Florida State University a home-court loss Monday in the Seminoles’ ongoing litigation against the Atlantic Coast Conference.

That request was, essentially, part of the ruling the judge, John C. Cooper, made from the bench at the end of the latest hearing about the FSU’s future in the ACC.

“I want to make sure everyone understands:

The case is still going on,” Cooper said. “It’s not over.”

It is, however, taking a detour for technical reasons. That’s because the judge granted the ACC’s motion to dismiss the case but will let FSU amend its complaint.

The issue is whether Room 3G of the Leon County Courthouse has the jurisdiction to hear FSU’s lawsuit against the Charlotte-based ACC. The conference argued FSU didn’t properly make the case that it should be.

“What it really comes down to … is they messed up,” said one of the ACC’s attorneys, Amber Nunnally.

The judge agreed, granting the conference’s motion. That, however, is not the end of this debate, let alone this case.

Some of the three hours of arguments centered on the first subsection under Florida statute 48.193(1) (a). FSU’s counsel suggested the ACC can be in a Tallahassee courtroom because the league does business in Florida. Miami and FSU are both conference members, and the ACC makes TV money from games that take place in Leon County. The conference also pays FSU money for those games and production costs.

But those points, the judge ruled, were not adequately addressed or explained in the 59-page amended complaint FSU filed in January. The judge will give Florida State seven days from his order to fix the issues through an updated suit. The ACC will have 20 days to respond, and Cooper will consider the revised arguments at another hearing.

Cooper said jurisdiction was the second hurdle in FSU’s lawsuit. The school cleared the first earlier Monday when Cooper agreed with the school that the dispute is ripe — real and mature enough to belong in court.

In addition to FSU’s lawsuit against the ACC in Florida (and the ACC’s lawsuit against FSU in North Carolina ), the same questions about the same documents have led to dueling lawsuits between Clemson and the ACC in both Carolinas. Both FSU and Clemson have asked courts to rule that they shouldn’t have to pay a $130 million fee to leave the ACC. They’re also challenging contracts that control the TV rights of their home games, potentially through 2036. That figure leaves hundreds of millions of dollars up in the air.

“It’s happening now, and we want you to resolve the [issues],” FSU counsel

Peter Rush said. “The sooner you do it, the sooner this matter is over.”

What, then, could get both parties to that point?

Cooper asked whether January correspondence between counsels raised the possibility of a settlement. That’s a common resolution in disputes like this (including when Maryland left the ACC for the Big Ten a decade ago).

Cooper also ordered mediation to begin within 120 days — something he does in every case except mortgage foreclosures.

“This is not being done any differently,” Cooper said.

Both sides know enough about the issues to have good-faith negotiations, Cooper said. And both sides should want to minimize the billable hours adding up through legal fees.

“Both sides have an interest in seeing if there’s any way this dispute can be resolved quickly instead of a long period of time,” Cooper said. “That’s where we are.”

Cooper did not set a date for the next hearing in FSU’s suit. But the next hearing in the ACC’s suit against FSU is set for May 2 in the North Carolina Business Court.