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Big difference in the 2 lawsuits.
Miami will have to prove damages. That will be very difficult to do.
The weak link in the charges by the Big East has always been the accusations against the ACC. The lawsuit has never been about raiding another conference. MIami & & BC sat on boards & committees, in which roles they were legally obligated to advance the interests of the Big East. They did just the opposite. Had they been forthright with the league about their intentions, there never would have been a lawsuit. Just as in the case of president Clinton, it's not about the act itself, it's about lying. Officers of any organization have a legal obligation to tell their associates the truth about matters pertaining to their mutual interests.
You may have noticed that Notre Dame's behavior was just the opposite during the summer & fall. They abstained from any votes in the Big East so that there would not be a conflict of interests. They kept the league informed about what they were doing, including their conversations with the ACC. They never represented themselves to be anything other than what they were. For these same reasons, Syracuse was not sued.
As sports fans, we might just like to get this over because all it means to us is moving on with the games. But in a contractual association these things matter & they have legal consequences. The Miami counter suit is clearly an effort to force an out-of-court settlement. And it might work.
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