CU faces fight over Big 12 exit plan - Brush News-Tribune
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#1 Jun 21, 2010
Colorado and Nebraska should look into leaving the Big 12 conference immediately making their entire conference schedule "Non Conference" and thus not subject to control of the Big 12, and essentially competing as independents until they join their new conferences.
#2 Jun 23, 2010
CU's lawyers might want to read the by-laws more closely. They have to give two years notice prior to the end of the "Current Term", and definitely failed to do so.
#3 Jun 24, 2010
I read the bylaws a couple of weeks ago and also did a little research on ‘liquidated damages’ since then. All I can say is ‘liquidated damages’ has a lot of legal opinions on the internet.
But, what I read in the bylaws is that when it was signed all the members agreed that if a member leaves the B12 that they would pay ‘liquidated damages’ to make the rest of the members whole if losses in money occurred from the withdrawal. When the bylaws were written however no one was sure what the real ‘liquidated damages’ might be so they all agreed to a maximum limit to what it might cost a leaving member. But, if a member leaves and NO damages (quantitatively measureable financial damages) occurs, then NO ‘liquidated damages’ should need to be paid (or a lesser amount if less damages are caused).
To me it is a little like a group of partners opening a grocery store and signing a contract with a ‘liquidated damages’ provision if one or more partners decides to leave the store down the road. When drawing up the contract and starting the store nobody would really be sure what the damages might be so some value is set and agreed upon as the MAXIMUM a departing member might pay.
Then years later when a partner decides to leave and do something else the question of ‘liquidated damages’ would be looked at. If the leaving partner goes and the stores business and customers (and cash flow) doesn’t change then no liquidated damages would be owed. If a loss in business is observed (or reasonably expected) then the departing partner would have to pay what the loss was expected to be. Any payment ABOVE this ‘real expected’ loss would legally then become a ‘penalty’ and at least in the B12 bylaws such a penalty is explicitly stated to not exist if a member leaves the conference.
But another interesting part of the B12 bylaws is that I see no where that a member can be ‘forced’ to make a decision on continued membership in an artificial time period that is set by the Big 12. The bylaws indicate to me that each member is allowed as much time (and due diligence) as they require to make future decisions for their institution. If the league ‘demands’ a response (with apparent threat) within an arbitrary short time period, does that then make the ‘liquidated damages’ provision invalid?
It could be argued that if the artificial deadline had not been forced on Nebraska and Colorado (and interestingly not the other six members of the conference that were also in discussions with other Conferences) that given another 6-12 months to study the issue that Nebraska might have actually stayed in the Big 12 and only Colorado would have had to be replaced.
Just my thoughts.
#4 Nov 1, 2010
bacar62, one tiny problem with yOU opinion and theories. If Colorda and Nebraska leave immediately then who'd they play? All the team have schedule and contracts. The Big 12 or cOUld be Big Ten is better off. Now, we can play all the conference teams per year. The king pen of the Big 12 is Texas and always will be. Now, my OU Sooners (alumnus) is second. Actually, OU get more TV time than Texas. I am glad the drunks and snow ball throwing of Buff fans is over. Your fans are rude to OU fans and maybe other teams too.
Nebraska is making a huge mistake joining the Big Ten and their 100,000 seat stadiums. It will be hard on them. Maybe NU thinks they'll get $20 million a year or more...lol. Big Ten/Eleven is better than most think.
Boomer Sooners (OU alumnus)
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