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The Florida State board of trustees voted unanimously Friday to sue the ACC to challenge the legality of the league’s grant of rights and its $130 million withdrawal fee, a necessary first step to plot the school’s future and potential exit from the conference.

The 38-page lawsuit, filed in Leon County Circuit Court in Tallahassee, Florida, seeks a declaratory judgment against the ACC to void the grant of rights and withdrawal fee as “unreasonable restraints of trade in the state of Florida and not enforceable in their entirety against Florida State.”

The university alleges “chronic fiduciary mismanagement and bad faith” in the way the ACC has handled its multimedia rights agreements and undermined its members’ revenue opportunities. Florida State is also accusing the ACC of breach of contract and failure to perform.

“I believe this board has been left no choice but to challenge the legitimacy of the ACC grant of rights and its severe withdrawal penalties,” board chair Peter Collins said. “None of us like being in this position. However, I believe that we have exhausted all possible remedies within the conference and we must do what we believe is best for Florida State not only in the short term but in the long term.”

Florida State is now in unprecedented territory. No school has ever challenged a grant of rights in court.

ACC officials have previously used the word “ironclad” to describe the document, and that has been the operating assumption from leagues across the country — believing the language in the document is so rigid it would prevent schools from leaving. But because no school has ever challenged the document in court, nobody actually knows whether it is, indeed, as ironclad as described.

ACC commissioner Jim Phillips and Virginia president Jim Ryan, chair of the ACC board of directors, lamented Florida State’s “unprecedented and overreaching approach” in a statement.

“Florida State’s decision to file action against the Conference is in direct conflict with their longstanding obligations and is a clear violation of their legal commitments to the other members of the Conference,” the statement said. “All ACC members, including Florida State, willingly and knowingly re-signed the current Grant of Rights in 2016, which is wholly enforceable and binding through 2036. Each university has benefited from this agreement, receiving millions of dollars in revenue and neither Florida State nor any other institution, has ever challenged its legitimacy.”

At issue is what Florida State has described over the past year as not only growing revenue gaps with the SEC and Big Ten, expected to be $30 million annually per school, but disagreements over the way media rights money should be distributed within the ACC. Although the ACC recently adopted success initiatives to reward teams for performance in football and men’s and women’s basketball, Florida State has pushed for television money to be distributed unevenly based on media value to the conference. The ACC has refused.

“This is not where I would prefer to have ended up,” university president Richard McCullough said. “I would prefer a different pathway, but I feel in many ways we’ve exhausted all other options, and you can’t wish and hope that somehow they’ll get fixed.”

What happened Friday did not materialize over the past three weeks. Although the College Football Playoff snub earlier this month was seen as a last straw, Florida State’s legal counsel and an outside law firm have been reviewing the grant of rights for well over a year and began working on legal arguments this summer — spurred forward after an August board of trustees meeting in which trustees demanded a plan of action by the following August.

At that meeting, Florida State made it clear it would consider leaving the ACC over its concerns.

“Our actions today are less about the events of the last two weeks and far more about the actions of the ACC leadership over the past 10 years and what confronts FSU in the ACC over the next 13 years,” Collins said.

Florida State and all other ACC members signed a grant of rights with the league that runs through 2036, the length of its television contract with ESPN. The grant of rights gives the conference control over its media rights — including television revenue and home game broadcasts in all sports. In addition, any school that wants to leave the ACC would have to pay an exit fee of three times the league’s operating budget, or roughly $130 million.

All told, the university estimates the total exit fee, including the forfeiture of television revenue, would be $572 million.

David Ashburn, managing shareholder of Greenberg Traurig in Tallahassee, the outside law firm handling the case, walked trustees through the lawsuit during Friday’s meeting, detailing what the university believes is fiduciary mismanagement in the way the ACC has handled its media rights agreements with ESPN and withdrawal penalties going back to 2010.

The university alleges that when the ACC reached an extension of its media rights with ESPN in 2016, the agreement granted the network a unilateral option to extend the deal an additional nine years beyond its expiration on June 30, 2027, or until 2036. Florida State also alleges the ACC told its members that ESPN had issued an ultimatum: Unless the members extended the grant of rights from 2027 to 2036, ESPN would not enter into further media agreements with the conference. FSU said it agreed to the grant of rights extension based on this representation.

In addition, the university alleges the 2016 extension locked in league members to the same rates negotiated in the previous 2012 multimedia rights contract with ESPN. That left league members with the same revenue package for 24 years — all while other conferences had the ability to renegotiate their contracts and increase their revenue.

If a judge grants declaratory judgment in favor of Florida State, the school would be able to leave the ACC without penalty. The departure would have to be effective Aug. 14, 2023, backdated to ensure Florida State could leave the conference in the event of new bylaws being put into place.

The ACC will have an opportunity to file a response to the complaint. If the judge declines to issue a judgment in favor of either side, Florida State and the ACC could be sent to mediation to negotiate a resolution.

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Crosby leaps Lemieux as Pens’ all-time top scorer

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Crosby leaps Lemieux as Pens' all-time top scorer

PITTSBURGH — Sidney Crosby broke Mario Lemieux‘s franchise scoring record with a goal and an assist in the first period of the Pittsburgh Penguins‘ game against the Montreal Canadiens on Sunday night.

Crosby, who began the night one point behind Lemieux, now has 645 goals and 1,079 assists for 1,724 points in 1,387 games. It also moved him past Lemieux for the eighth-most points in NHL history.

Crosby tipped Erik Karlsson‘s point shot at 7:58 of the first period for a goal to tie the record. He then broke the mark with 7:20 left in the period when his shot on a power play hit Bryan Rust and Rickard Rakell tapped the rebound behind Jakub Dobes.

Crosby, Rust and Rakell embraced behind the net after the goal and the Penguins spilled over the bench to congratulate their captain. Later in the period, a video message recorded by Lemieux congratulating Crosby on the accomplishment was played.

“I knew when we played together in 2005, that you were going to be a very special player, and accomplish a lot of great things in your career,” Lemieux said in a message posted on the club’s social media accounts. “Here we are, 20 years later, you are now one of the best to ever play the game.”

Lemieux, a Hall of Famer who also owned the franchise following his second retirement, became the Penguins’ all-time points leader, surpassing then-assistant coach Rick Kehoe on January 20, 1989, when Crosby was 17 months old. Lemieux, who was in the lineup when Crosby recorded his first NHL point, finished his career with 1,723 points in 915 games.

Crosby, the No. 1 pick in 2005, is the seventh outright all-time points leader in 58 years of the franchise’s history and the ninth active player to lead a franchise in points. Crosby previously broke Lemieux’s record for most assists in franchise history this past Dec. 29 against the New York Islanders. Crosby is 45 goals behind Lemieux’s franchise record of 690.

Crosby is now third on the NHL’s all-time points list with a single franchise, behind only Steve Yzerman (1,755) and Gordie Howe (1,809), both with Detroit.

Crosby also passed Phil Esposito (449) for sole possession of the ninth-most even-strength goals in NHL history. He also tied Adam Oates for the eighth-most assists in NHL history in the first period. Crosby, who has 20 goals this season, achieved his 18th 20-goal season. Only six players in NHL history have more.

The Associated Press contributed to this report.

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Sabres add ex-Habs GM Bergevin to front office

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Sabres add ex-Habs GM Bergevin to front office

BUFFALO, N.Y. — Newly hired Buffalo Sabres general manager Jarmo Kekalainen has wasted little time reshaping the team’s front office by hiring former Montreal Canadiens GM Marc Bergevin and Josh Flynn to his staff.

The hirings, announced Sunday, come in Kekalainen’s first week on the job and a day after he fired assistant general manager Jason Karmanos. Kekalainen took over on Monday to replace Kevyn Adams, who was fired with the Sabres already in jeopardy of extending their NHL-record playoff drought to a 15th consecutive season.

“[They] bring a wealth of unique experience and perspective,” said Kekalainen, the former Columbus Blue Jackets general manager who spent the previous six-plus months as a senior adviser in Buffalo. “Adding both to an already strong group adds versatility and helps us continue to build a well-rounded hockey operations staff.”

Bergevin fills the associate general manager position and will serve as Kekalainen’s top adviser. He joins the Sabres after spending parts of the past five seasons as a senior adviser with the Los Angeles Kings.

The 60-year-old Bergevin most notably oversaw the Canadiens from 2012 to 2021, over which Montreal made six playoff appearances, including a five-game series loss to the Tampa Bay Lightning in the 2021 Stanley Cup Final. He previously worked in player personnel and scouting roles with the Chicago Blackhawks.

“Marc has firsthand experience as an NHL general manager and a track record as a strong talent evaluator,” Kekalainen said. “His insight will be invaluable as we continue to identify and develop talent throughout the organization.”

Flynn was named assistant general manager. He previously worked under Kekalainen with the Blue Jackets specializing in salary cap management, statistical research and strategic planning. Flynn’s role will be similar in Buffalo.

“I know that his attention to detail and nuanced understanding of league processes will help to enhance how we support our broader organization,” Kekalainen said.

Flynn’s responsibilities are similar to that of Buffalo’s current assistant GM Mark Jakubowski. With Karmanos’ departure, Jakubowski’s duties will likely shift more to overseeing the Sabres’ American Hockey League affiliate in Rochester, New York.

Kekalainen has also retained Sabres assistant general manager Jerry Forton, who serves as the team’s chief amateur scout.

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Rangers captain Miller out with upper-body injury

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Rangers captain Miller out with upper-body injury

NASHVILLE, Tenn. — New York Rangers captain J.T. Miller will miss at least one game after getting injured Saturday and is not traveling with the team to Nashville.

Coach Mike Sullivan said Miller was still being evaluated back home for an upper-body injury and would not play Sunday night against the Predators.

Miller left the Rangers’ game against Philadelphia with about eight minutes left after taking a big hit from Flyers defenseman Nick Seeler and landing awkwardly. The 32-year-old forward appeared to be favoring his right arm or shoulder while in pain on the bench and skating off to go down the tunnel for medical attention.

“You don’t want to lose any teammates,” center Mika Zibanejad said. “When you see your captain go down and you don’t see him come back, that obviously becomes [a situation] for us to step up and everyone has to do a little more when a guy like that leaves. Just hoping everything is OK.”

Miller was named captain before training camp. He has 10 goals and 12 assists in 35 games this season and is believed to be in consideration for the U.S. Olympic team, though it’s unclear whether this injury could cloud that possibility.

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