What’s next in Florida State, Clemson lawsuits against the ACC?
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Andrea Adelson, ESPN Senior Writer
AMELIA ISLAND, Fla. — When the annual ACC spring meetings begin Monday, there will be no way to avoid what has become the story overshadowing the conference: Its long-term future.
The ACC, Clemson and Florida State are embroiled in lawsuits over the grant of rights agreement that ostensibly keeps ACC schools in a TV contract through 2036 — an agreement those two schools argue is no longer financially competitive and that has their fans, according to a FOIA request made by ESPN, demanding they leave the league.
Clemson and Florida State will be at the meetings, participating in the league agenda. That agenda is expected to include discussions about the expanded College Football Playoff and resulting revenue distribution, a pending $2.7 billion settlement in antitrust cases involving the NCAA and ways to enhance revenue streams for the ACC.
The agenda is not expected to include discussions about the lawsuits. After all, Clemson and Florida State remain ACC members and consistently have been on league calls and Zooms since their lawsuits were filed. They have all tried to operate as if it is business as usual, but nothing has been normal over the past 18 months.
During spring meetings last year it was revealed seven schools — including Clemson and Florida State — had studied the grant of rights to determine a path forward and discussed potential exit strategies. That put the league on notice. Seven months later, the ACC and Florida State sued each other. This past March, Clemson and the ACC went to court.
Ahead of this year’s meetings, let’s look at how we got here and what comes next.
The lawsuits
ESPN filed a public records request to Florida State seeking emails and texts between Dec. 3 and Dec. 22 to determine how and when school officials decided to move forward with legal action. What came back were emails from angry fans, begging Florida State athletic director Michael Alford and university president Richard McCullough to do something.
The first emails started coming in Dec. 3, the same day the Seminoles became the first undefeated Power 5 school left out of the four-team College Football Playoff that began in 2014. For months, Florida State had expressed its dissatisfaction with the ACC over an impending revenue gap with the SEC and Big Ten, a gap Alford estimated would reach $30 million annually.
The previous August, the Florida State board of trustees met to discuss its long-term future. Trustee Justin Roth asked for an exit plan to leave the ACC by August 2024. Florida State lawyers then began coming up with a legal strategy to challenge the grant of rights, which transfers ownership of media rights from the school to the ACC and runs through 2036.
The playoff snub seemed to crystallize what had to be done. Less than an hour after the playoff announcement, a Florida State fan wrote in an email to Alford, “We must get out of the ACC or we are officially dead as a college football program … The time is now. We must do whatever it takes to get out. We beg of you to end this charade.”
Another email came in at roughly the same time, subject line “LEAVE THE ACC NOW”:
“We get no respect in this conference
We get no money in this conference
WHY ARE WE STILL HERE?”
On Dec. 4, one Seminole booster, whose name was redacted, wrote to Alford in response to a distribution list email in which he asked fans to redirect their “passion and support” and attend the Orange Bowl against Georgia.
“Really? Just move on like nothing just happened. Just spend thousands more dollars after getting slapped in the face … by an incompetent, low football IQ committee? No thanks. … We stuck with FSU through the 2015-2020 debacle only to have our players, coaches, Boosters, Administration and fans humiliated in front of the whole country. You and the FSU President need to stand up more publicly and find a way to start moving us out of the ACC. Maybe ask fans to divert Stadium renovation dollars to conference realignment costs as a small help. I know the cost of moving is monumental but the long term cost of not moving ASAP, may be more, and even permanent.”
Through the FOIA request, the only email that came back between Alford, McCullough and board of trustees chair Peter Collins regarding the school’s future plans was dated Dec. 21. Earlier that day, Florida State had announced it would hold a special board meeting Dec. 22 to discuss legal matters related to the athletic department.
In two emails Dec. 21, Alford sent Collins a list of questions he could be asked at the board meeting. Alford wrote:
How confident should we be about this when there has been no known legal challenge to a grant of rights.
Why should we be confident in the correct outcome?
Have we TRULY exhausted EVERY possible avenue for discussion of a tenable solution short of legal action?
On Dec. 22, the Florida State board voted to sue the ACC in Leon County, Florida, seeking 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.”
In his comments to the board, Collins and McCullough told the board they felt they had, indeed, exhausted every possible option and had no choice but to file a lawsuit. “These things are timely and you can’t wish and hope that somehow they’ll get fixed in the next year two, three, four, five. By that time, I don’t think that we’ll be competitive,” McCullough said.
The same day, it became publicly known the ACC decided to file a lawsuit in North Carolina first to defend the grant of rights and league members on Dec. 21.
At the time, there was rampant speculation that Clemson would be next to file. Both schools had been described as being in “lockstep” with each other, sharing similar concerns about their long-term futures in a conference that could not keep up financially. The key difference between the two, as one person close to the situation described it, was the playoff snub.
Clemson ultimately filed its lawsuit three months later in March, in South Carolina. As a result, the ACC sued Clemson in North Carolina, and argued in its suit that Clemson indicated a “desire to work with the conference” regarding its own membership and “requested confidentiality and protections that the ACC would not file a lawsuit against it.”
Since then, Clemson has filed an amended complaint seeking damages, as the school accused the league of “slander of title,” arguing the ACC was able to strengthen its position through the grant of rights, while diminishing Clemson’s.
Two other schools, Miami and North Carolina, had been proactively looking at the grant of rights with the same urgency as Clemson and Florida State at this time last year. But at this point, Miami has no plans to pursue the same legal strategy. Athletic director Dan Radakovich told a local radio station several months ago, “Here at the University of Miami we are incredibly solid with the ACC.”
North Carolina is in a trickier situation. UNC board chair John Preyer has expressed a desire to weigh all options, but no action has been taken. It should be noted UNC has an interim chancellor, Lee H. Roberts, that makes it more challenging to take action. Further complicating matters, the UNC system board of governors in February passed a policy that requires its public schools to gain approval to move conferences from the board and the UNC system president.
Where do all the lawsuits stand?
There are five total lawsuits ongoing: the ACC vs. Clemson; the ACC vs. Florida State; Clemson vs. the ACC; Florida State vs. the ACC, plus a lawsuit Florida Attorney General Ashley Moody filed against the ACC in April, seeking to make public the ESPN-ACC television contract as part of Florida State’s case.
The judge in Clemson’s case in South Carolina ruled this month that the ACC must provide an unredacted copy of the ESPN contract to Clemson, though it will remain confidential and can be used only as part of the case.
In North Carolina, the next court hearing in the ACC’s case against Clemson is scheduled for July 2. Clemson recently filed a motion to dismiss the case. In the ACC’s case against Florida State, Judge Louis Bledsoe denied its motion to dismiss. Florida State has said it will appeal the decision to the state Supreme Court, and no court date has been set.
In South Carolina, the ACC filed a motion to dismiss the case on May 7. In Florida, Cooper referred the ACC and Florida State to mediation. The two sides have been unable to agree on a mediator, so Cooper granted an extension until May 31 to choose one.
The bottom line is all parties expected a protracted legal battle to play itself out, and there is no incentive — at least at the moment — to negotiate a settlement or resolution.
So what about this year’s meetings?
At last year’s spring meetings there were fireworks on the first day after it was revealed publicly that seven schools had conducted discussions about the future of the conference. Those not involved in the discussions felt blindsided. So did ACC commissioner Jim Phillips. One AD described the tenor as an “airing of grievances.”
Once they cleared the air, they were able to come to an agreement on “success initiatives” to reward on-field and on-court success — pushed forward largely by Alford, as a way to acknowledge Florida State’s concerns over the widening revenue gap. Phillips presented a unified front when the meetings wrapped, saying he believed, “We’re all in this together.”
Now, a year later, Clemson, Florida State and the ACC are in a fight for their own long-term futures. Nobody knows how their legal battles will play out, but they still have to find a way to work together. Phillips has pledged to continue to fully support Clemson and Florida State athletes for as long as they remain conference members.
With the impending antitrust case settlements and a potential framework for a new collegiate model that would share revenue with student-athletes, it’s more imperative than ever to find more revenue streams for the ACC. This is especially true following the recent news that payouts from the newly expanded CFP will not be distributed evenly, leaving the ACC behind the SEC and Big Ten once again — further proving that a “Power 2” exists.
Adding to the dynamic will be the presence of new members Stanford, Cal and SMU — three schools added last fall to help shore up the ACC long term. The league will continue to move forward discussing league business and will celebrate the success stories and team championships won this athletic season during a reception Tuesday night — all while uncertainty hangs in the background.
One team is a win away from advancing to a third straight Stanley Cup Final. The other is about to once again come up short in a conference final. As drastic as that sounds, that is the reality facing the Florida Panthers and Carolina Hurricanes following the Panthers’ 6-2 win Saturday in Game 3 of the Eastern Conference finals.
The defending Stanley Cup champion Panthers opened the series by scoring five goals in each of the first two games and exposing the Hurricanes in a way that hadn’t been done by another team this postseason. On Saturday, it appeared that the Canes may have found a solution as they entered the third period tied at 1-1 … before the Panthers exploded for five straight goals to close out Game 3 in emphatic fashion.
How did both teams perform? Who is worth watching in Game 4? And given that there’s a sweep in play, what could Monday mean for both teams, knowing that one of them could see their season come to an end? Ryan S. Clark and Kristen Shilton answer those questions while reviewing what has been a lopsided Eastern Conference finals.
The Panthers withstood an expected early push from Carolina and settled swiftly into their own game. They failed to capitalize on their first-period power-play chance but made up for it by opening the scoring with a goal credited to Niko Mikkola (that actually went off Carolina’s Dmitry Orlov) midway through the first. It was a deflating marker for Carolina goalie Pyotr Kochetkov to cede right after a solid Hurricanes penalty kill and appeared to diminish Carolina’s confidence.
There was potential to shift Carolina’s momentum, though. Before the first period ended, Panthers forward Eetu Luostarinen finished a check sending Jackson Blake awkwardly into the boards. That earned Luostarinen a five-minute penalty and game misconduct, putting the Panthers down two of their top forwards in Luostarinen and an injured Sam Reinhart. But Florida didn’t let the lengthy man advantage hurt its momentum. The Panthers killed it off and matched Carolina’s shot total while shorthanded.
While the score was tied at 1-1 going into the third, Florida regained its lead with Jesper Boqvist undressing (to put it mildly) Orlov in shocking fashion. Boqvist entered the lineup to replace Reinhart, and it was the type of contribution Florida could only hope to see from its depth skater.
It was all Panthers from there, with goals from Mikkola, Aleksander Barkov (capitalizing on a turnover by Orlov), Evan Rodrigues and Brad Marchand giving Florida a 6-1 lead halfway through the third and putting Carolina against the ropes going into an elimination Game 4. Florida will wonder about Mikkola’s status ahead of that tilt. (He left in the third period Saturday after slamming into the end boards.) But the Cats can’t be too frustrated given their win. — Kristen Shilton
0:53
Jesper Boqvist puts Panthers back ahead
Jesper Boqvist goes through the goaltender’s legs to restore the Panthers’ lead vs. the Hurricanes.
Unofficial Canadian poet laureate Avril Lavigne once posed one of more philosophical questions of her generation: Why’d you have to go and make things so complicated?
Everything the Hurricanes did through the first two periods of Game 3 created the belief that they could potentially stick with the Panthers. Only to then fall apart in the third period. Again.
There are numerous reasons why losing Game 3 is so damning for the Hurricanes. What might be the most prominent and prevalent is there might not be anything else they can do at this stage. We have seen the Panthers take a 3-0 series lead only to be pushed to a Game 7 in a playoff series. That was the case in last year’s Stanley Cup Final against the Edmonton Oilers.
But through three games of this series? The Hurricanes have switched goaltenders, adjusted their lineups and sought out other alterations within their structure — and still lost by a large margin while once again falling prey to being on the other end of a big period. — Ryan S. Clark
Three Stars of Game 3
Mikkola has had quite a series. The defensemen has broken up plays, taken command off the rush and created quality scoring chances. He had two goals in Game 3 for his first career multigoal playoff game and the fourth multigoal playoff game in Panthers franchise history.
It was two goals and a helper for the Cats’ captain. This was Barkov’s 20th career multipoint playoff game, the most in Panthers franchise history.
3. The Panthers’ third period
The Panthers unloaded in the final frame, scoring five goals to run away with Game 3 by a final score of 6-2. Five tucks is the most in any period in a playoff game in franchise history. The Hurricanes have now lost 15 straight conference final games since they won the Stanley Cup in 2006. — Arda Öcal
0:44
Panthers pour it on with 2 more quick goals
The Panthers net two more goals in just over a minute to pad their lead vs. the Hurricanes.
Players to watch in Game 4
There’s no question Florida’s netminder has been building a Conn Smythe case with his excellent play in this postseason. However, Bobrovsky hasn’t been at his most dominant in (initial) closeout games during the playoffs. He made 26 saves for an .897 save percentage in Florida’s Game 5 win over Tampa Bay to send the Lightning home, and made just 15 stops (.882 SV%) in Florida’s Game 6 loss to Toronto in the second round, when the Panthers had a chance to advance.
Bobrovsky was practically impenetrable in Game 7 of that series as the Leafs imploded, but it’s fair to wonder what version of Bobrovsky the Panthers will get in Game 4.
When Florida had an opportunity to close out Edmonton in Game 4 of the Stanley Cup Final last spring, Bobrovsky turned in his worst showing of the playoffs, with five goals allowed on 11 shots that saw him chased from the net in an 8-1 thumping. Florida has put itself in a good position to send Carolina home, but wouldn’t it be nice to do it sooner than later? Bobrovsky at his best will help Florida do just that. — Shilton
Benching Frederik Andersen was done with the belief that Kochetkov could give the Hurricanes a stronger chance to win. Through two periods, it appeared that that could be the case, as Kochetkov received the necessary support from the Hurricanes’ defensive structure, something that had been an issue in the first two games.
But the Panthers’ five consecutive goals in the third period derailed things. The Hurricanes have now allowed 16 goals over three games. It’s a stark contrast to the first two rounds, when Carolina allowed 18 total in 10 games against the Devils and Capitals.
Kochetkov’s first two periods of Game 3 provided a level of consistency the Hurricanes have struggled to find at times. Is it possible they take something from the opening two-thirds of Game 3 and parlay it into a different outcome in Game 4? Or will it be game and season over instead? — Clark
Big questions for Game 4
Is Florida ready to end this series?
The cliché that the fourth win of a playoff series is the hardest to get exists for a reason. The Panthers experienced that firsthand last season when they took a 3-0 lead over Edmonton in the Stanley Cup Final, then crisscrossed the continent over the next week as the Oilers clawed back to force a Game 7.
Did the Panthers learn their lesson on how to close an opponent out quickly? Florida did it to these very Hurricanes in the Eastern Conference finals two years ago with a tidy four-game sweep featuring many of the same elements we’ve seen from the Panthers in this round. But Florida appeared to have Edmonton well in hand 11 months ago, too.
Game 3 was arguably the Hurricanes’ best of the series. If they can channel some significant desperation into their game Monday, how will Florida handle the pressure of an urgent club trying not to be embarrassed with a 16th consecutive loss in a conference final situation? The Panthers can’t afford to look past what will be a dramatic Game 4. — Shilton
Is this it for the Hurricanes — and what comes next if it is?
That in and of itself is a rather loaded question for several reasons, with the obvious being: Will Monday be Carolina’s last game of the 2025 playoffs? If it is, what could that mean for the franchise going forward?
The way the Hurricanes have been constructed has allowed them to become a perennial playoff team with a legitimate chance of reaching the conference finals. But that comes with the caveat that the Canes might not go any further than that.
It was a dilemma the Panthers faced before making the changes that saw them not only win a Stanley Cup, but also be one win away from a third consecutive Stanley Cup Final. Maybe it doesn’t come to that point for the Hurricanes. But if they allow five or more goals for a fourth straight game while also struggling to score? It could lead to some difficult questions this offseason in Raleigh. — Clark
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Greg Wyshynski
SUNRISE, Fla. — The Florida Panthers are one win away from an Eastern Conference finals sweep. They’ve outscored the Carolina Hurricanes, a team that’s lost 15 straight conference final games, by a count of 16-4. Yet Panthers forward Brad Marchand is still ready for this series to go the distance.
“We’re prepared to go seven here,” he said after their 6-2 victory in Game 3 on Saturday night. “I mean, you can’t start looking ahead. That’s such a dangerous game to play.”
Contextually, that mindset might seem preposterous. The Panthers are trying to match the Tampa Bay Lightning as the only teams since the Edmonton Oilers’ 1980s dynasty to advance to the Stanley Cup Final in three straight seasons, having won the Cup last season. They’ve dominated the Hurricanes with their physicality, scoring depth and the goaltending of Sergei Bobrovsky, who now has a .947 save percentage and a 1.33 goals-against average in the conference finals.
It seems like a matter of when, not if, Florida will eliminate Carolina — and the “when” is trending to be Monday night at home in Game 4. Yet the Panthers are the last team to take a 3-0 lead for granted.
Coach Paul Maurice recalled their semifinals series against the Toronto Maple Leafs in 2023, when they went up 3-0 and dropped a Game 4 on home ice. “We wanted it so bad that we tried to win the game on every play,” he said.
Then came the ultimate lesson on how not to close out a series: The 2024 Stanley Cup Final, which saw the Panthers squander a 3-0 series lead to the Edmonton Oilers before finally winning Game 7 to hoist the Cup for the first time.
Maurice hopes his players understand the dynamics at play in Game 4.
“They have the desperation advantage. You have, potentially, the desire advantage. Both teams will fight that. Can we control the desire emotion and play the game? Can they control the desperation emotion and play the game? The common denominator is just playing the game,” he said.
Game 3 saw the Hurricanes play with more desperation than they’ve exhibited in this series. The game was tied 1-1 entering the third period after Carolina’s Logan Stankoven — who Bobrovsky robbed earlier in the second period with a lunging blocker save — managed to knock the puck past him for a power-play goal at 14:51 to even the score.
The Hurricanes were finally looking like the stingy, tight-checking team they’re known for being. Maurice wasn’t expecting a windfall of offense from the Panthers after the first 40 minutes of Game 3.
“We’re not going out to the third period saying, ‘Well, we can tell this is going to work out [for us]. I’ve got an extra piece of gum in my pocket for the second overtime. That’s how our experience with Carolina has been,” the coach said.
The gum stayed in his pocket. Florida scored five goals in the first 10:37 of the third period to put the game — and potentially the series — away.
“We knew we needed to be a little better than what we were in the second period, so we tried to keep things simple and I think we got rewarded for that,” said captain Aleksander Barkov, who had two of the goals in the onslaught.
Carolina coach Rod Brind’Amour was left dumbfounded.
“We’re playing better and then we just turn pucks over. It’s not what we do. I think everyone’s just pretty surprised, you know what I mean?” he said. “Just you can’t do that. In a preseason game it’s going to cost you. But against that team, and you turn it over for odd man rushes? Forget it.”
The key to the rally was a goal by forward Jesper Boqvist, who was put on Barkov’s line as an injury replacement for Sam Reinhart, the Panthers’ leading scorer in the regular season. He took a short pass from linemate Evan Rodrigues and then turned Carolina defenseman Dmitry Orlov (minus-4) inside out before scoring on the backhand against Pyotr Kochetkov (22 saves), who got the start over Frederik Andersen in Game 3 for Carolina.
Boqvist had just one goal and one assist in 9 playoff games this postseason, averaging 8:53 in ice time. In Game 3, he had three points (1 goal, 2 assists) and skated 15:08 for the Panthers.
“He’s an extremely gifted player. I love playing with him. He can kind of play anywhere in the lineup and he’s such an incredible skater. So strong with the puck, so smart. And that was a massive goal,” Marchand said.
The Panthers won Game 3 without Reinhart and without having forward Eetu Luostarinen for most of the game, after he was ejected for boarding Carolina forward Jackson Blake in the first period. Luostarinen was tied for the team lead with 13 points entering Game 3, with 4 goals and 9 assists.
The Panthers would kill off that 5-minute major in what Maurice called “a real inflection point in the game,” considering that Florida was missing key penalty killers in Luostarinen and Reinhart, who is day-to-day with a lower body injury. When they needed him, Bobrovsky (23 saves) was a great last line of defense.
Thanks to their third-period deluge, the Panthers are now poised to sweep the Hurricanes in the conference final for the second time in three postseasons. Yet even with Florida’s domination of the series, Marchand said his team is anything but overconfident.
“I don’t think the way the games have been played is really an indication of what the outcome’s been, score wise. They’ve been pretty tight. It just seems like we’ve gotten a couple bounces, a couple lucky breaks here and there that have given us a pretty good lead,” he said.
“But it doesn’t matter. It’s not going to change anything about next game. We’ve got to come in and prepare the same way. It’s always the toughest one to get, so we got to make sure we bring our best.”
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Greg Wyshynski
SUNRISE, Fla. — Florida Panthers forward Eetu Luostarinen was ejected from Game 3 of the Eastern Conference finals after a boarding major against forward Jackson Blake of the Carolina Hurricanes.
With 3:01 left in the first period, Blake was chasing the puck back in his own zone with Luostarinen behind him. As Luostarinen reached out with his stick, Blake stopped short of the boards and Luostarinen hit through him. Luostarinen drove Blake’s head into the boards, bloodying the Carolina forward.
The on-ice officials gave Luostarinen a five-minute major and then reviewed the hit. They confirmed the call on the ice. Per NHL Rule 41.5, when a major penalty for boarding is called, a game misconduct is automatic. A major penalty for boarding is determined by “the degree of violence of the impact with the boards.”
Luostarinen was tied for the team lead with 13 points entering Game 3, with 4 goals and 9 assists. He scored 12 of those points on the road. Blake returned to action in the second period.
The Panthers lead the series 2-0 and had a 1-0 lead in Game 3 when the major penalty was called.
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