Connect with us

Published

on

The Atlantic Coast Conference filed an amended complaint in superior court Tuesday seeking damages from Florida State for “serial breaches of critical legal promises and obligations” and questioned FSU’s right to have leadership in ACC positions.

The 55-page filing in Mecklenburg County (North Carolina) marks the latest in the procedural jockeying between the ACC and Florida State over that school’s challenge to the league’s grant of rights.

The ACC had initially filed a claim on Dec. 21 to protect the league’s grant of rights, which run through 2036. FSU filed the next day in Leon County (Florida), claiming that the ACC restrained trade, breached the contract and cited years of mismanagement in the league.

It began what promises to be a prolonged legal battle to test the legality of the ACC’s grant of rights agreement.

The ACC filing on Tuesday includes six claims, including FSU breaching its contract with the ACC, FSU breaching confidentiality in the media rights agreement and breaching fiduciary obligations and obligations of good faith.

The complaint includes a new claim for potentially “substantial” damages from alleged contract breaches: “The Conference have and recover of Florida State damages for its breach of the ACC Constitution and Bylaws in an amount to be proven at trial but which the Conference believes will be substantial.”

The filing also challenges FSU’s ability to have school officials in leadership positions, which includes FSU president Richard McCullough being on the ACC’s board of directors and also the finance committee.

It asks for a “permanent injunction barring Florida State from participating in the management of the affairs of the Conference while it has a direct and material conflict of interest” with the conference’s objectives.

If the entire legal process plays out, it’s expected to take years. The next key date is Feb. 16, when both sides have agreed to respond to the initial filings.

The ACC’s amended complaint portends the league’s legal strategy, which reinforces how FSU was a willing participant in agreeing to the grant of media rights that it’s now trying to legally unwind from. Florida State has estimated it would cost more than a half-billion dollars — $572 million — to leave the ACC without some type of legal win or settlement between the sides.

The ACC made clear in its amended complaint that FSU accepted “hundreds of millions of dollars” as part of the ACC media agreements for more than a decade. The league is seeking a declaration that the grant of rights is “valid and enforceable” and that FSU “knowingly executed’ the grant of rights and knew the terms.

“In signing the Grant of Rights and its amendment, Florida State promised that its Grant was “irrevocable” and “exclusive” through 2036,” the amended complaint states. “It further explicitly agreed that it would not ‘take any action, or permit any action to be taken by others subject to its control … that would affect the validity and enforcement’ of the Grant of Rights.”

Florida State did not return a request seeking comment on Wednesday evening.

The university’s filing in late December to sue the ACC over the grant of rights was a signal that Florida State is preparing to depart the conference and likely attempt to eventually join the Big Ten or SEC.

FSU alleged “chronic fiduciary mismanagement and bad faith” in its initial 38-page lawsuit. It was the culmination of a near year-long drumbeat from FSU officials about seeking to depart the ACC, as McCullough said this summer that FSU would consider leaving without “radical change” to the ACC’s revenue distribution.

Continue Reading

Sports

Cortes: Bronx return didn’t go how I planned

Published

on

By

Cortes: Bronx return didn't go how I planned

NEW YORK — Brewers pitcher Nestor Cortes had a return to Yankee Stadium to forget on Saturday.

A day later, Cortes reflected on allowing five of the Yankeesteam-record nine homers and lasting two-plus innings in a 20-9 loss.

“It’s not a good feeling,” Cortes said. “So obviously didn’t go the way I planned.”

Cortes left the ballpark after the game without speaking to reporters in what the Brewers said was a miscommunication. He was at his locker about two hours before Sunday’s series finale.

Cortes gave up homers on his first three pitches to Paul Goldschmidt, Cody Bellinger and Aaron Judge. He also allowed homers to Austin Wells and Anthony Volpe and was pulled after throwing 64 pitches.

The Brewers acquired Cortes on Dec. 13 from the Yankees for former closer Devin Williams, who is eligible for free agency. The left-hander, who became a fan favorite for his unique leg kicks, sported platinum blond hair and got a nice reception from the crowd in baseline introductions on Thursday.

“Obviously I spent a few years over there, and I was able to be on their side and not have to face them, but I think this comes with the territory of being a major league pitcher,” Cortes said. “You never know where you’re going to end up and at some point, you’re going to face somebody you know or somebody that’s close to you and it just happened to be yesterday.”

A 36th-round pick of the Yankees in 2013, Cortes went 33-21 with a 3.80 ERA in 86 starts and 49 relief appearances over seven seasons with the Yankees, Orioles and Mariners. He is eligible for arbitration and also can become a free agent after next season.

An All-Star in 2022, Cortes was 9-10 with a 3.77 ERA in 31 appearances and 30 starts last season. He missed the final month of the regular season with a flexor strain in his pitching elbow, missed the AL Division Series and League Championship Series and allowed Freddie Freeman’s game-ending grand slam in Game 1 of the World Series in Los Angeles.

After allowing the first game-ending grand slam in World Series history, Cortes stood at his locker stall for several minutes answering numerous questions.

Continue Reading

Sports

O’s righty Sugano leaves MLB debut with injury

Published

on

By

O's righty Sugano leaves MLB debut with injury

TORONTO — Baltimore Orioles right-hander Tomoyuki Sugano left his major league debut against the Toronto Blue Jays on Sunday after four innings because of an apparent injury.

Sugano took the mound to warm up for the bottom of the fifth before manager Brandon Hyde, Orioles trainers and an interpreter gathered around him for a conference. Sugano was seen flexing his right hand before walking off.

Making his first start in North America after 276 appearances with Japan’s Yomiuri Giants, Sugano allowed two runs and four hits against the Blue Jays.

Toronto’s George Springer drove in both runs with a two-out single in the first inning.

Sugano walked two and struck out one. He threw 73 pitches, 45 for strikes, and retired five of the final six batters he faced.

Sugano signed a $13-million, one-year contract with Baltimore in December.

At 35 years and 170 days, Sugano is the oldest Japanese player to make his MLB debut since Ken Takahashi (40 years, 16 days) with the Mets in 2009.

Right-hander Matt Bowman replaced Sugano.

Continue Reading

Sports

Jays’ Scherzer goes on IL, to see hand specialist

Published

on

By

Jays' Scherzer goes on IL, to see hand specialist

TORONTO — The Blue Jays put right-hander Max Scherzer on the 15-day injured list Sunday because of inflammation in his right thumb. The move comes one day after the three-time Cy Young Award winner left his debut start with Toronto after three innings because of right lat soreness.

Manager John Schneider said Scherzer will visit a hand specialist in the U.S. on Monday.

“Hopefully this kind of resets him and knocks it out,” Schneider said of the persistent thumb issue. “We obviously need him. Elite pitcher, and we want him to feel his best.”

Following Saturday’s 9-5 loss to the Baltimore Orioles, the 40-year-old Scherzer said his lat soreness was directly related to lingering thumb pain that forced him to push back a spring training start earlier this month.

Calling himself “frustrated,” Scherzer said solving the thumb issue is his top priority.

“This thumb is absolutely critical to your arm health,” he said after Saturday’s game. “I’ve got to get this 100% before I pitch again.”

Scherzer signed a one-year, $15.5 million contract in February. He went 2-4 with a 3.95 ERA in nine starts for the Texas Rangers last season, starting the year on the injured list while recovering from lower back surgery. He also had a stint on the injured list with shoulder fatigue and didn’t pitch after Sept. 14 because of a left hamstring strain.

He allowed two runs and three hits Saturday, including two solo home runs. He threw 45 pitches, 28 for strikes. He struck out one and walked none.

Toronto recalled left-hander Easton Lucas and selected lefty Mason Fluharty, both from Triple-A Buffalo. Left-hander Richard Lovelady, who allowed four runs in relief of Scherzer and took the loss against Baltimore on Saturday, was designated for assignment.

Continue Reading

Trending