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Clemson became the second school to sue the ACC in state court in an effort to extricate itself from onerous exit fees and a grant of rights that runs for another 12 years.

The lawsuit, filed in Pickens County, South Carolina, on Tuesday, follows a similar blueprint to the one filed by Florida State in Tallahassee in December. Both aim to challenge the veracity of the league’s grant of rights, while the ACC’s countersuit in North Carolina looks to uphold the agreement.

So, what does Clemson’s latest legal maneuver mean for the ACC and the future of realignment? ESPN answered some of the key questions.

Read more about the FSU lawsuit here.

Why did Clemson file its lawsuit now?

Whereas Florida State foreshadowed its lawsuit for months and announced it in grand fashion in late December 2023, Clemson’s efforts toward a potential exit have largely happened in the shadows. But make no mistake, Clemson has been essentially in lockstep with Florida State’s thinking all along, and with the recent announcement that future playoff shares to the ACC would be nearly half that of the SEC and Big Ten, it was yet another domino to fall in Clemson’s journey to this point. Florida State and Clemson understand that finding an exit strategy from the ACC will not happen overnight, so both lawsuits are largely about getting a running start toward the door.


What exactly is Clemson arguing?

Clemson is essentially making the same argument as Florida State, which boils down to claiming the financial penalties involved with the ACC’s exit fee (three times the ACC’s operating budget) are exorbitant and unreasonable, and the grant of rights (which gives the ACC ownership of each member’s TV media rights through 2036) unfairly restricts Clemson’s right to maximize its brand value.

According to the lawsuit, Clemson alleges the ACC’s exit fee and grant of rights “​​hinders Clemson’s ability to meaningfully explore its options regarding conference membership, to negotiate alternative revenue-sharing proposals among ACC members, and to obtain full value for its future media rights.”

In short, Clemson is suggesting that a grant of rights is unenforceable and illegal, a claim that could potentially have massive ripple effects throughout the college sports landscape if a judge agreed. But given the rapidly changing landscape of college sports, Clemson argues prohibiting free movement among schools could be a potential death sentence for its program.

“In this litigation, Clemson seeks confirmation of the plain language found in the Grant of Rights agreements and the related media agreements between the ACC and ESPN — that these agreements, when read together, plainly state that Clemson controls its media rights for games played if it is no longer a member of the ACC,” a statement from Clemson read. “Clemson also seeks a ruling regarding the unenforceability of the severe penalty the ACC is seeking to impose upon exiting members and confirmation that it does not owe a fiduciary duty to the conference as alleged by the ACC.

“The ACC’s position regarding the Grant of Rights, the exit penalty, and obligations owed by members to the conference, as detailed in its public statements and other court filings, leaves Clemson with no choice but to move forward with this lawsuit.

“Clemson has not given notice that it is exiting the ACC and remains a member of the conference.”


What is a grant of rights again? And why is it so important?

The grant of rights is a legal document signed by each member of the ACC that transfers ownership of media rights from the school to the conference. What this means is that the ACC, not Clemson — or any other member school — owns the rights to broadcasts of games. Schools signed this in 2013 as a reaction to the departure of Maryland to the Big Ten, under the rationale that the grant of rights acts as an insurance policy that would prevent anyone from leaving the league during the duration of the agreement, which in this case is through 2036, because a school without TV revenue would have little value to any other conference or enough revenue to stand as an independent.

In other realignment scenarios, schools either waited out the grant of rights (the Pac-12’s agreement ends in summer 2024) or paid a hefty buyout to leave early (Texas and Oklahoma paid $50 million each to the Big 12 to leave that agreement just one year early).

For Florida State, Clemson or any other school looking to leave the ACC, the dollars and duration are far more imposing. With 12 seasons remaining on the existing deal after this school year, a member would need to either wait far longer than they feel is acceptable or pay a nearly impossible buyout to get their media rights back. And this is in addition to the exit fee.

Hence, option No. 3: Go to court and hope to find a legal framework for exiting sooner and at a lower cost.

Clemson, however, is alleging the grant of rights only applies to teams in the league and would not carry beyond a school exiting. This, of course, is the exact opposite of what the grant of rights was designed to do, but it’s an interesting legal approach given the school’s reading of its TV agreement and grant of rights, which is redacted in public disclosures.


Should we expect more schools to follow in Clemson’s and FSU’s steps?

There’s a genuine question about why Clemson would do this at all if Florida State was willing to be the canary in the coal mine. While numerous other ADs — both inside the ACC and out — have said they’re keenly watching FSU’s efforts to exit the grant of rights, they’ve all sounded more than happy to let the Seminoles take the heat and, ideally, provide the blueprint for an exit strategy.

Clemson’s lawsuit suggests that the school sees value in helping set that blueprint and, in turn, potentially being among the first out the door. If both FSU and Clemson depart the league, others would surely follow — including, perhaps, North Carolina, Virginia, Miami and NC State.

But there are also two big problems with any departure scenario.

First is the money. These lawsuits are effectively a referendum on the cost of departure. That dollar figure, whatever it ultimately is, could be prohibitively high for schools looking to leave. On the flip side, the high cost could provide an incentive to stay if Clemson and FSU are forced to write sizable checks that would then be distributed among the remaining league members.

On Feb. 29, the University of North Carolina Board of Governors approved a policy change that might make it more difficult for public state schools — including North Carolina and NC State — to jump from one conference to another. Under the new rules, any chancellor of a school wanting to change leagues must provide the system president with advance notice and submit a financial plan. The president has the authority to approve or reject the move, and he must notify the Board of Governors, which could vote on the conference transition as well.

The second issue is where schools might land. Several athletics directors who spoke with ESPN said they did not believe the SEC or Big Ten were eager to expand again at the moment, and even the Big Ten’s most recent additions — Washington and Oregon — came in at a fraction of full value. Leaving the ACC is one thing. Having a home afterward is another.


What happens now?

Clemson’s lawsuit was filed in South Carolina, making it the third different state where some form of litigation is ongoing about the ACC’s grant of rights. Deciding who has jurisdiction is the next big step, and even that is likely months away from a ruling. Once any ruling on venue is made, there are likely to be appeals of that ruling, too. In other words, it’s unlikely we’ll learn anything about the enforceability of the ACC’s exit fees and grant of rights any time soon.

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Remembering Ruffian 50 years after her breakdown at Belmont

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Remembering Ruffian 50 years after her breakdown at Belmont

Thoroughbred racing suffered its most ignominious, industry-deflating moment 50 years ago today with the breakdown of Ruffian, an undefeated filly running against Foolish Pleasure in a highly promoted match race at Belmont Park. Her tragic end on July 6, 1975, was a catastrophe for the sport, and observers say racing has never truly recovered.

Two years earlier, during the rise of second-wave feminism, the nation had been mesmerized by a “Battle of the Sexes” tennis match between Billie Jean King and Bobby Riggs. King’s win became a rallying cry for women everywhere. The New York Racing Association, eager to boost daily racing crowds in the mid-1970s, proposed a competition similar to that of King and Riggs. They created a match race between Kentucky Derby winner Foolish Pleasure and Ruffian, the undefeated filly who had dominated all 10 of her starts, leading gate to wire.

“In any sport, human or equine, it’s really impossible to say who was the greatest,” said outgoing Jockey Club chairman Stuart Janney III, whose parents, Stuart and Barbara, owned Ruffian. “But I’m always comfortable thinking of Ruffian as being among the four to five greatest horses of all time.”

Ruffian, nearly jet black in color and massive, was the equine version of a Greek goddess. At the age of 2, her girth — the measurement of the strap that secures the saddle — was just over 75 inches. Comparatively, racing legend Secretariat, a male, had a 76-inch girth when he was fully developed at the age of 4.

Her name also added to the aura. “‘Ruffian’ was a little bit of a stretch because it tended to be what you’d name a colt, but it turned out to be an appropriate name,” Janney said.

On May 22, 1974, Ruffian equaled a Belmont Park track record, set by a male, in her debut at age 2, winning by 15 lengths. She set a stakes record later that summer at Saratoga in the Spinaway, the most prestigious race of the year for 2-year-old fillies. The next spring, she blew through races at longer distances, including the three races that made up the so-called Filly Triple Crown.

Some in the media speculated that she had run out of female competition.

Foolish Pleasure had meanwhile ripped through an undefeated 2-year-old season with championship year-end honors. However, after starting his sophomore campaign with a win, he finished third in the Florida Derby. He also had recovered from injuries to his front feet to win the Wood Memorial and then the Kentucky Derby.

Second-place finishes in the Preakness and Belmont Stakes left most observers with the idea that Foolish Pleasure was the best 3-year-old male in the business.

Following the Belmont Stakes, New York officials wanted to test the best filly against the best colt.

The original thought was to include the Preakness winner, Master Derby, in the Great Match Race, but the team of Foolish Pleasure’s owner, trainer and rider didn’t want a three-horse race. Since New York racing had guaranteed $50,000 to the last-place horse, they paid Master Derby’s connections $50,000 not to race. Thus, the stage was set for an equine morality play.

“[Ruffian’s] abilities gave her the advantage in the match race,” Janney said. “If she could do what she did in full fields [by getting the early lead], then it was probably going to be even more effective in a match.”

Several ballyhooed match races in sports history had captured the world’s attention without incident — Seabiscuit vs. Triple Crown winner War Admiral in 1938, Alsab vs. Triple Crown winner Whirlaway in 1942, and Nashua vs. Swaps in 1955. None of those races, though, had the gender divide “it” factor.

The Great Match Race attracted 50,000 live attendees and more than 18 million TV viewers on CBS, comparable to the Grammy Awards and a pair of NFL “Sunday Night Football” games in 2024.

Prominent New York sportswriter Dick Young wrote at the time that, for women, “Ruffian was a way of getting even.”

“I can remember driving up the New Jersey Turnpike, and the lady that took the toll in one of those booths was wearing a button that said, ‘I’m for her,’ meaning Ruffian,” Janney said.

As the day approached, Ruffian’s rider, Jacinto Vasquez, who also was the regular rider of Foolish Pleasure including at the Kentucky Derby, had to choose whom to ride for the match race.

“I had ridden Foolish Pleasure, and I knew what he could do,” Vasquez told ESPN. “But I didn’t think he could beat the filly. He didn’t have the speed or stamina.”

Braulio Baeza, who had ridden Foolish Pleasure to victory in the previous year’s premier 2-year-old race, Hopeful Stakes, was chosen to ride Foolish Pleasure.

“I had ridden Foolish Pleasure and ridden against Ruffian,” Baeza said, with language assistance from his wife, Janice Blake. “I thought Foolish Pleasure was better than Ruffian. She just needed [early race] pressure because no one had ever pressured her.”

The 1⅛ mile race began at the start of the Belmont Park backstretch in the chute. In an ESPN documentary from 2000, Jack Whitaker, who hosted the race telecast for CBS, noted that the atmosphere turned eerie with dark thunderclouds approaching before the race.

Ruffian hit the side of the gate when the doors opened but straightened herself out quickly and assumed the lead. “The whole world, including me, thought that Ruffian was going to run off the screen and add to her legacy,” said longtime New York trainer Gary Contessa, who was a teenager when Ruffian ruled the racing world.

However, about ⅛ of a mile into the race, the force of Ruffian’s mighty strides snapped two bones in her front right leg.

“When she broke her leg, it sounded like a broken stick,” Vasquez said. “She broke her leg between her foot and her ankle. When I pulled up, the bone was shattered above the ankle. She couldn’t use that leg at all.”

It took Ruffian a few moments to realize what had happened to her, so she continued to run. Vasquez eventually hopped off and kept his shoulder leaning against her for support.

“You see it, but you don’t want to believe it,” Janney said.

Baeza had no choice but to have Foolish Pleasure finish the race in what became a macabre paid workout. The TV cameras followed him, but the eyes of everyone at the track were on the filly, who looked frightened as she was taken back to the barn area.

“When Ruffian broke down, time stood still that day,” Contessa said. Yet time was of the essence in an attempt to save her life.

Janney said that Dr. Frank Stinchfield — who was the doctor for the New York Yankees then and was “ahead of his time in fixing people’s bones” — called racing officials to see whether there was anything he could do to help with Ruffian.

New York veterinarian Dr. Manny Gilman managed to sedate Ruffian, performed surgery on her leg and, with Stinchfield’s help, secured her leg in an inflatable cast. When Ruffian woke up in the middle of the night, though, she started fighting and shattered her bones irreparably. Her team had no choice but to euthanize her at approximately 2:20 a.m. on July 7.

“She was going full bore trying to get in front of [Foolish Pleasure] out of the gate,” Baeza said. “She gave everything there. She gave her life.”

Contessa described the time after as a “stilled hush over the world.”

“When we got the word that she had rebroken her leg, the whole world was crying,” Contessa said. “I can’t reproduce the feeling that I had the day after.”

The Janneys soon flew to Maine for the summer, and they received a round of applause when the pilot announced their presence. At the cottage, they were met by thousands of well-wishing letters.

“We all sat there, after dinner every night, and we wrote every one of them back,” Janney said. “It was pretty overwhelming, and that didn’t stop for a long time. I still get letters.”

Equine fatalities have been part of the business since its inception, like the Triple Crown races and Breeders’ Cup. Some have generated headlines by coming in clusters, such as Santa Anita in 2019 and Churchill Downs in 2023. However, breakdowns are not the only factor, and likely not the most influential one, in the gradual decline of horse racing’s popularity in this country.

But the impact from the day of Ruffian’s death, and that moment, has been ongoing for horse racing.

“There are people who witnessed the breakdown and never came back,” Contessa said.

Said Janney: “At about that time, racing started to disappear from the national consciousness. The average person knows about the Kentucky Derby, and that’s about it.”

Equine racing today is a safer sport now than it was 50 years ago. The Equine Injury Database, launched by the Jockey Club in 2008, says the fatality rate nationally in 2024 was just over half of what it was at its launch.

“We finally have protocols that probably should have been in effect far sooner than this,” Contessa said. “But the protocols have made this a safer game.”

Said Vasquez: “There are a lot of nice horses today, but to have a horse like Ruffian, it’s unbelievable. Nobody could compare to Ruffian.”

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Volpe toss hits Judge as sloppy Yanks fall again

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Volpe toss hits Judge as sloppy Yanks fall again

NEW YORK — A blunder that typifies the current state of the New York Yankees, who find themselves in the midst of their second six-game losing streak in three weeks, happened in front of 41,401 fans at Citi Field on Saturday, and almost nobody noticed.

The Yankees were jogging off the field after securing the third out of the fourth inning of their 12-6 loss to the Mets when shortstop Anthony Volpe, as is standard for teams across baseball at the end of innings, threw the ball to right fielder Aaron Judge as he crossed into the infield from right field.

Only Judge wasn’t looking, and the ball nailed him in the head, knocking his sunglasses off and leaving a small cut near his right eye. The wound required a bandage to stop the bleeding, but Judge stayed in the game.

“Confusion,” Yankees manager Aaron Boone said. “I didn’t know what happened initially. [It just] felt like something happened. Of course I was a little concerned.”

Avoiding an injury to the best player in baseball was on the Yankees’ very short list of positives in another sloppy, draining defeat to their crosstown rivals. With the loss, the Yankees, who held a three-game lead over the Toronto Blue Jays in the American League East standings entering June 30, find themselves tied with the Tampa Bay Rays for second place three games behind the Blue Jays heading into Sunday’s Subway Series finale.

The nosedive has been fueled by messy defense and a depleted pitching staff that has encountered a wall.

“It’s been a terrible week,” said Boone, who before the game announced starter Clarke Schmidt will likely undergo season-ending Tommy John surgery.

For the second straight day, the Mets capitalized on mistakes and cracked timely home runs. After slugging three homers in Friday’s series opener, the Mets hit three more Saturday — a grand slam in the first inning from Brandon Nimmo to take a 4-0 lead and two home runs from Pete Alonso to widen the gap.

Nimmo’s blast — his second grand slam in four days — came after Yankees left fielder Jasson Dominguez misplayed a ball hit by the Mets’ leadoff hitter in the first inning. On Friday, he misread Nimmo’s line drive and watched it sail over his head for a double. On Saturday, he was slow to react to Starling Marte’s flyball in the left-center field gap and braked without catching or stopping it, allowing Marte to advance to second for a double. Yankees starter Carlos Rodon then walked two batters to load the bases for Nimmo, who yanked a mistake, a 1-2 slider over the wall.

“That slider probably needs to be down,” said Rodon, who allowed seven runs (six earned) over five innings. “A lot of misses today and they punished them.”

Jazz Chisholm Jr.’s throwing woes at third base — a position the Yankees have asked him to play to accommodate DJ LeMahieu at second base — continued in the second inning when he fielded Tyrone Taylor’s groundball and sailed a toss over first baseman Cody Bellinger’s head. Taylor was given second base and scored moments later on Marte’s RBI single.

The Yankees were charged with their second error in the Mets’ four-run seventh inning when center fielder Trent Grisham charged Francisco Lindor’s single up the middle and had it bounce off the heel of his glove.

The mistake allowed a run to score from second base without a throw, extending the Mets lead back to three runs after the Yankees had chipped their deficit, and allowed a heads-up Lindor to advance to second base. Lindor later scored on Alonso’s second home run, a three-run blast off left-hander Jayvien Sandridge in the pitcher’s major league debut.

“Just got to play better,” Judge said. “That’s what it comes down to. It’s fundamentals. Making a routine play, routine. It’s just the little things. That’s what it kind of comes down to. But every good team goes through a couple bumps in the road.”

This six-game losing skid has looked very different from the Yankees’ first. That rough patch, consisting of losses to the Boston Red Sox and Los Angeles Angels, was propelled by offensive troubles. The Yankees scored six runs in the six games and gave up just 16. This time, run prevention is the issue; the Yankees have scored 34 runs and surrendered 54 in four games against the Blue Jays in Toronto and two in Queens.

“The offense is starting to swing the bat, put some runs on the board,” Boone said. “The pitching, which has kind of carried us a lot this season, has really, really struggled this week. We haven’t caught the ball as well as I think we should.

“So, look, when you live it and you’re going through it, it sucks, it hurts. But you got to be able to handle it. You got to be able to deal with it. You got to be able to weather it and come out of this and grow.”

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Former White Sox pitcher, world champ Jenks dies

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Former White Sox pitcher, world champ Jenks dies

Bobby Jenks, a two-time All-Star pitcher for the Chicago White Sox who was on the roster when the franchise won the 2005 World Series, died Friday in Sintra, Portugal, the team announced.

Jenks, 44, who had been diagnosed with adenocarcinoma, a form of stomach cancer, this year, spent six seasons with the White Sox from 2005 to 2010 and also played for the Boston Red Sox in 2011. The reliever finished his major league career with a 16-20 record, 3.53 ERA and 173 saves.

“We have lost an iconic member of the White Sox family today,” White Sox chairman Jerry Reinsdorf said in a statement. “None of us will ever forget that ninth inning of Game 4 in Houston, all that Bobby did for the 2005 World Series champions and for the entire Sox organization during his time in Chicago. He and his family knew cancer would be his toughest battle, and he will be missed as a husband, father, friend and teammate. He will forever hold a special place in all our hearts.”

After Jenks moved to Portugal last year, he was diagnosed with a deep vein thrombosis in his right calf. That eventually spread into blood clots in his lungs, prompting further testing. He was later diagnosed with adenocarcinoma and began undergoing radiation.

In February, as Jenks was being treated for the illness, the White Sox posted “We stand with you, Bobby” on Instagram, adding in the post that the club was “thinking of Bobby as he is being treated.”

In 2005, as the White Sox ended an 88-year drought en route to the World Series title, Jenks appeared in six postseason games. Chicago went 11-1 in the playoffs, and he earned saves in series-clinching wins in Game 3 of the ALDS at Boston, and Game 4 of the World Series against the Houston Astros.

In 2006, Jenks saved 41 games, and the following year, he posted 40 saves. He also retired 41 consecutive batters in 2007, matching a record for a reliever.

“You play for the love of the game, the joy of it,” Jenks said in his last interview with SoxTV last year. “It’s what I love to do. I [was] playing to be a world champion, and that’s what I wanted to do from the time I picked up a baseball.”

A native of Mission Hills, California, Jenks appeared in 19 games for the Red Sox and was originally drafted by the then-Anaheim Angels in the fifth round of the 2000 draft.

Jenks is survived by his wife, Eleni Tzitzivacos, their two children, Zeno and Kate, and his four children from a prior marriage, Cuma, Nolan, Rylan and Jackson.

The Associated Press contributed to this report.

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