Clemson Brief asks for Dismissal of ACC Case - ADR is also set in S.C. Court

CLEMSON — Clemson University filed a brief in support of a motion to dismiss in Mecklenburg County, N.C., on Monday requesting the court to support the motion of dismissal of the Atlantic Coast Conference’s claim Clemson should not be allowed out of the Grant of Rights agreement or escape the league’s exit fee.

The Clemson Insider also learned that the South Carolina Court has set an Alternative Dispute Resolution (ADR) date for Oct. 15 of this year. This means if the case cannot be settled prior to Oct. 15, the court is going to ask a mediator or an arbitrator to come in and try to settle the case.

ADR provides alternatives to lawsuits and trials.

Clemson’s brief, in support of a motion to dismiss, on Monday is the latest in the university’s on-going civil suit against the ACC, which began on March 19 when Clemson filed a complaint against the conference that challenges the Grant of Rights (GOR) and exit fee.

In its March 20 countersuit, the ACC said it seeks  a declaration that the withdrawal payment is a “valid and enforceable” contract term applicable to Clemson. Also, it is a declaration that the plain language of the GOR means what it says, and that Clemson’s GOR is exclusive and irrevocable through the term, regardless of whether Clemson remains in the ACC or not.

On Monday, Clemson asked the court to dismiss the case because there is no issue to argue. Clemson is not arguing the GOR are not enforceable, only that it is not enforceable after it leaves the league.

Clemson is asking the court to tell it what the contract says because the ACC and Clemson cannot agree, which is why Clemson filed for a request for Declaratory Judgement.

Last week, Clemson University claimed the ACC made false claims about its scope of the (GOR), in an amendment to its original complaint on March 19. Last Friday, a Pickens County judge ordered the ACC to show Clemson University its ESPN Agreements.

The school is also seeking punitive damages against the ACC, as the damages incurred to remedy the damage to Clemson’s intangible property rights caused by the ACC’s misstatements about the GOR.

“Clemson is entitled to, and the Court should enter judgement in Clemson’s favor and award Clemson damages in an amount to be established at trial for all injuries suffered as a result of the ACC’s slander of title,” the civil suit reads.

Clemson filed an amendment to its original civil suit against the ACC on April 17, saying the ACC created a public misconception regarding Clemson’s media rights. Thus, interfering with the school’s opportunities with other conferences and media providers regarding future collaborations.

“As a result of the ACC’s misstatements, the value of Clemson’s media rights has been diminished in the eyes of these and other third parties,” the civil suit reads. “This diminution in value injures Clemson, impedes its ability to negotiate future media rights agreements, and worsens its negotiating position with potential future collaborators.”

Clemson continued that the ACC’s misstatements were inconsistent with the plain language of the agreements. In essence, Clemson is claiming the ACC slandered its name by using the GOR Agreement to strengthen its position, while devaluing Clemson’s brand. Clemson claims the GOR is narrower than what the league claims it to be.

Clemson also disputed the ACC’s claim that it entered into a join venture with the ACC and the other member institutions. “The ACC contends that, as a member of a join venture with the ACC and other member institutions, Clemson has a fiduciary obligation to the ACC itself to act in ways that advance the purported joint venture’s goals and to refrain from action in ways that undermine or frustrate those goals.”

However, Clemson points to Article X, Section 11 of the South Carolina Constitution, which provides, “Neither the State nor any of its political subdivisions shall become a joint owner of or stockholder in any company, association or corporation.”

Therefore, Clemson cannot legally enter into a join venture.

A limited number of signed footballs from Clemson’s 2022 class are still available.  Get yours while supplies last!  Visit Clemson Variety & Frame or purchase online!