Judge orders FSU, ACC to mediation to settle suit
TALLAHASSEE, Fla. — A Tallahassee judge has ordered Florida State and the Atlantic Coast Conference to enter mediation in hopes of settling a high-profile lawsuit that could dramatically impact the future of the league.
Judge John C. Cooper technically approved the ACC’s motion to dismiss Monday but gave FSU seven days to amend its complaint because the university needs more specificity regarding key facts in a case he said “is worth up to half a billion dollars.” The conference would have 20 days to respond afterward, and another hearing would be set.
“The case is not over,” Cooper said. “The case will continue.”
Cooper ordered the sides to begin mediation within 120 days. But a mediator cannot force an agreement, so the case could end up back in court.
“I send every case to mediation except mortgage foreclosures,” Cooper said. “This is not being done any differently.”
The Seminoles are pushing to exit the ACC and explore a more lucrative landing spot, potentially the Big Ten Conference.
The hearing Monday was the latest in dueling lawsuits lodged in December. They include back-and-forth arguments pertaining to jurisdiction, a highly guarded grant-of-rights agreement between member schools and the league, and a confidential TV deal between the ACC and ESPN.
The ACC wants the case heard in Charlotte, North Carolina, where the league is headquartered, and doesn’t want the broadcasting contract made public. Florida State wants to move the venue to Tallahassee and prefers the documents be unsealed for financial transparency.
FSU had been signaling discontent for a year about the ACC falling further behind the Big Ten and the Southeastern Conference in payouts even while raking in record revenues.
The ACC’s revenue increased to nearly $617 million during the 2021-22 season, with an average distribution of nearly $39.5 million per school for full members. Still, that leaves ACC schools receiving about $10 million a year less than SEC schools even though ESPN is partnered with both leagues in broadcast deals.
Clemson, another ACC school, has joined FSU in challenging the ACC’s right to charge hundreds of millions of dollars to leave the conference.
Clemson’s complaint filed in South Carolina said the ACC’s “exorbitant $140 million” exit penalty and the grant of rights used to bind schools to a conference through their media rights should be struck down.
Neither Clemson nor Florida State has filed formal notice to withdraw from the ACC.
The San Diego Padres placed right-hander Michael King on the 15-day injured list Thursday because of left knee inflammation.
King (4-2, 2.81 ERA) had just come off the IL on Saturday, allowing two runs in as many innings of a no-decision against the Boston Red Sox.
It was his first start since May 18 as he dealt with shoulder inflammation.
Now, he’s back on the IL with a knee issue in a move retroactive to Monday.
It’s a setback for a red-hot Padres team, who will carry a five-game winning streak into a weekend showdown against the Dodgers in Los Angeles. First-place San Diego is one game ahead of L.A. in the NL West.
King had been scheduled to start the series opener Friday.
In the corresponding roster move, the Padres recalled right-hander Randy Vásquez from Triple-A El Paso.
While the Milwaukee Brewers keep on rolling, another Wisconsin business is stocking up on beef and buns.
For the third time in its history, George Webb Restaurants will make good on its promise of giving away free hamburgers as part of a longstanding promotion to celebrate the Brewers winning 12 consecutive games.
The free burger giveaway will be held Wednesday from 2 p.m. to 6 p.m. CT at all 23 of the restaurant’s locations throughout Wisconsin. Vouchers for a burger at a later date will be available at all locations starting Friday.
“Hungry fans are welcome to stop by any location for a free, juicy burger and some camaraderie with fellow baseball fans,” the restaurant said on its website.
Starting way back in the 1940s, when Milwaukee was home to the minor league Brewers of the old American Association, George Webb promised free burgers if the local baseball team won 17 consecutive games.
The promotion dropped to 13 games by the time the Braves made Milwaukee a big league city in 1953, but that franchise couldn’t make it happen before departing for Atlanta in 1966.
George Webb changed the promotion to 12 games when the Brewers moved from Seattle in 1970. In 1987, the Brewers opened the season with 13 wins in a row, and more than 170,000 burgers were given away to mark the occasion.
The Brewers accomplished the feat a second time in 2018, closing the regular season with eight victories followed by four playoff wins. That streak led to 90,000 free burgers being given away in addition to 100,000 redeemable vouchers.
Prior to reaching the magic mark on Wednesday, the Brewers had come close on a few occasions, including an 11-game winning streak earlier this season.
The Associated Press contributed to this report.
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