https://twitter.com/NicoleAuerbach/status/1738216363447955520?t=jx111kvpzqoc6MLP91rkag&s=19
Who in the world negotiated this deal???
https://twitter.com/NicoleAuerbach/status/1738218765681082608?t=sfKAGjl2BjFA_76gsFjf8w&s=19
https://twitter.com/NicoleAuerbach/status/1738220699951693881?t=EaqY7YD1tZIrgu1yv_Bylg&s=19
https://twitter.com/NicoleAuerbach/status/1738220076053168626?t=rSmwtp7ZCcPFsmniWLlECw&s=19
https://twitter.com/NicoleAuerbach/status/1738219887841960162?t=aLQwMHcRH5RJjo-RIaZdXQ&s=19
Feels like someone told FSU that if you say āantitrustā to federal judge these days, in the context of college sports, they may just rule in your favor reflexively, but dunno about this one ⦠but to be fair I was a bit ādunnoā about the waiver restrictions and that TRO basically gave no credence to any procompetitive benefit (less restrictive alternative stuff, blah, blah, blah) ⦠but this is a totally different scenario.
FSU is pissed and they should be pissed and Iām not sure this is a constructive outlet for that anger, but why not, I guess. At the very least they get the satisfaction of annoying the league office.
And the lawyers on both sides get to rack up some hours. Merry Christmas to them!
OK, here are FSUās legal arguments, among others:
- restraint of trade
- unenforceable withdrawal penalties
- breach of contract
- violation of public policy
Hereās the live stream showing the FSU lawyerās brief in case you canāt find itā¦

What what? This is new info to me. The TV contractās not to 2036, only 2027 with a 9 year option?
Who the hell agreed to that deal and how the hell did Swofford convince the schools to sign the GOR to 2036 without a guaranteed deal for the last 9 years of that?
FSU should be kicked out just for using decimals here.
Sorry, finance hat on ![]()

Would love to be in the roo. When someone thought of proposing the idea of the 9yr option. Takes some serious onions to even toss that out
Restraint of trade and violation of public policy are hilarious.
Looting a 1L contracts class and intro antitrust class to see what sticks
Iām sure there will be some interesting venue shopping for this one. Could file in Tallahassee, Charlotte, or Bristol, Conn., and have a valid jurisdiction argument for any of them.
If this is a federal case ā assume it would have to be as it seems FSUās lawyers are using the Commerce Clause ā the key will be which circuit gives you the best opportunity for a favorable three-judge panel.
The district court wonāt matter as much. (Although state and civil courts could really screw this up.)
https://twitter.com/NicoleAuerbach/status/1738224824013705503?t=mtetLcSwavaVZXD4qc5J7Q&s=19
https://twitter.com/NicoleAuerbach/status/1738223793620066390?t=YJZvVH0OmZQ_QrVYjPtkXg&s=19
https://twitter.com/NicoleAuerbach/status/1738223401024827800?t=Pn37lZGkFo_SiPnIm41i3w&s=19
Fifth or the Eleventh would be good for FSU methinks.
But man are they really going to shell out huge BigLaw litigation and appeals money for this? That is going to cost them $50 million right there
I feel like this could reduce the GOR buyout payment by a lot. Like, how much are media rights worth in 2028-2036 if you donāt have a contract for it yet? Could be worth what we think, could be worth 0 given what happened to the PAC 12?
And if thereās a 15 team minimum requirement, what if FSU, CU, UNC and UVA got together and left? Now thereās only 14 and ESPN can terminate the deal? Whatās that make media rights worth? Seems like those schools have some leverage now.
And we better be part of the 4 leaving or weāll be part of the 14 stuck in an ACC with no TV deal.
Imagine coming up with like $500 million and then being short 50 cents looking through your house like this for change

I canāt read that without Dr. Evilās voice in my head.

Yup, I think you probably avoid the Fourth, although antitrust and Commerce Clause breed strange bedfellows.
Too many UVA, UNC, and Duke fans in the 4th circuit
I thought I read something that said they were filing in Florida state court, but
. I donāt play a lawyer in real life anymore, so I wonāt do it here. ![]()
