Clemson vs. ACC exit fees lawsuit explained
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David Hale, ESPN Staff Writer
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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Bradford Doolittle
The initial 2025 MLB All-Star Game rosters are out, the product of the collaborative process between fans, players and the league. How did this annual confab do?
We already know that injuries will prevent some of these selectees from appearing in Atlanta, and replacement choices will be announced in the coming days. By the end of this post-selection period, we’ll wind up with something like 70 to 75 All-Stars for this season.
These first-draft rosters contain 65 players, the odd number stemming from the decision to send Clayton Kershaw to the festivities as a “Legend” pick. First reaction: Baseball’s newest member of the 3,000 strikeout club has earned everything he gets.
Now, on to the nitpicking.
American League
Biggest oversight: Joe Ryan, Minnesota Twins
The Twins’ lone representative on the initial rosters is outfielder Byron Buxton, a worthy selection. Ryan (8-4, 2.76 ERA) fell into a group of similar performers including Kansas City’s Kris Bubic and the Texas duo of Jacob deGrom and Nathan Eovaldi. Bubic and deGrom made it, which is great, and Bubic in particular is quite a story.
But Ryan and Eovaldi didn’t make it, and both were probably a little more deserving that Seattle’s Bryan Woo, whose superficial numbers (8-4, 2.77) are very close to Ryan’s. But Woo plays in a more friendly pitching park, and the under-the-hood metrics favor Ryan.
The main takeaway: If this is the biggest discrepancy, the process worked well.
Second-biggest oversight: Many-way tie between several hitters
The every-team-gets-a-player rule, along with positional requirements, always knocks out worthy performers from teams with multiple candidates. Thus, a few picks on the position side might have gone differently.
The Rays are playing so well they probably deserve more than one player. Their most deserving pick made it — infielder Jonathan Aranda — along with veteran second baseman Brandon Lowe. Infielders such as J.P. Crawford (Seattle), Isaac Paredes (Houston) and Zach McKinstry (Detroit) had good cases to make it ahead of Lowe, whose power numbers (19 homers, 54 RBIs) swayed the players.
While acknowledging that Gunnar Henderson has had a disappointing season, I still think he deserved to be the Orioles’ default pick instead of Ryan O’Hearn. But the latter was selected as the AL’s starting DH by the fans, and Baltimore doesn’t deserve two players. It’s a great story that O’Hearn will be a first-time All-Star just a couple of weeks before his 32nd birthday.
Other thoughts
• The default White Sox selection is rookie starter Shane Smith, a Rule 5 pick from Milwaukee last winter. Smith is my lowest-rated player on the AL squad, but he has been consistently solid. Adrian Houser, an in-season pickup, has been great for Chicago and has arguably produced more value than Smith. But I like honoring the rookie who has been there the whole campaign.
• The Athletics’ Jacob Wilson was elected as a starter and is easily the most deserving player from that squad. I’m not sure I see a second pick there, but Brent Rooker made it as a DH. Rooker has been fine, but his spot could have gone to one of the overlooked hitters already mentioned, or perhaps Kansas City’s Maikel Garcia.
• Houston’s Jeremy Pena is a deserving choice and arguably should be the AL’s starter at shortstop instead of Wilson. Alas, he’s on the injured list, and though reports say he might soon resume baseball activities, it’s likely Pena will be replaced. Any of the above-mentioned overlooked hitters will do.
• As for the starters, the fans do a great job nowadays. I disagreed with them on a couple of spots, though. I would have gone with a keystone combo of Jazz Chisholm Jr. and Pena rather than Gleyber Torres and Wilson, but I’d have them all on the team. And I would have definitely started Buxton over Javier Baez in the outfield.
National League
Biggest oversight: Juan Soto, New York Mets
Not sure how this happens, but I’m guessing Soto is a victim of his own standards. Yes, he signed a contract for an unfathomable amount of money, and so far, he hasn’t reinvented the game as a member of the Mets. He has just been lower-end Juan Soto, which is still one of the best players in the sport. His OBP is, as ever, north of .400, he leads the league in walks and it sure seems as if Pete Alonso has very much enjoyed hitting behind him.
The All-Star Game was invented for players like Soto, and though you might leave out someone like him if he is having a truly poor season, that’s not the case here. It is kind of amazing that he didn’t make it, while MacKenzie Gore and James Wood — both part of the trade that sent Soto from Washington to San Diego — did. They deserve it, and you can make a strong argument that a third player the Nats picked up in the trade — CJ Abrams — does as well. But Soto deserves it too.
Finally, the Marlins’ most-deserving pick is outfielder Kyle Stowers, who indeed ended up as their default selection. But he probably ended up with Soto’s slot.
Second-biggest oversight: Andy Pages, Los Angeles Dodgers
It’s hard to overlook anyone on the Dodgers, but somehow Pages slipped through the cracks despite his fantastic all-around first half for the defending champs.
It was just a numbers game. I’ve got five NL outfielders rated ahead of Pages, and all but Soto made it, so no additional quibbles there. The fans voted in Ronald Acuna Jr. to start at his home ballpark. Having Acuna there in front of the fans in Atlanta makes sense. But he has played only half of the first half.
Other thoughts
• The shortstop position is loaded in the NL, but the only pure shortstops to make it were starter Francisco Lindor and Elly De La Cruz. Both are good selections, but the Phillies’ Trea Turner has been just as outstanding. Abrams and Arizona’s Geraldo Perdomo are also deserving. The position has been so good that the player with the most career value currently playing shortstop in the NL — Mookie Betts — barely merits a mention. Betts has had a subpar half, but who will be surprised if he’s topping this list by the end of the season?
• Both leagues had three pitching staff slots given to relievers. The group in the AL (Aroldis Chapman, Josh Hader and Andres Munoz) was much more clear-cut than the one in the NL, which ended up with the Giants’ Randy Rodriguez, the Mets’ Edwin Diaz and the Padres’ Jason Adam. It made sense to honor someone from San Diego’s dominant bullpen, and you could have flipped a coin to pick between Adam and Adrian Morejon.
• Picking these rosters while meeting all the requirements and needs for teams and positions is hard. I don’t have any real issue with the pitchers selected for the NL. One of them is Atlanta’s Chris Sale, who is on the IL and will have to be replaced. My pick would be Philadelphia’s Cristopher Sanchez (7-2, 2.68 ERA).
• And for the starting position players, Alonso should have gotten the nod over Freddie Freeman at first base, though it will be great to see Freeman’s reception when he takes the field in Atlanta. For that matter, the Cubs’ Michael Busch has had a better first half than Freeman at this point, though that became true only in the past few days, thanks to his explosion at Wrigley Field. I would have gone with Turner at short, but it’s close. And I’d have started Wood in place of Acuna.
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Jesse Rogers
The last-place Washington Nationals fired president of baseball operations Mike Rizzo and manager Davey Martinez, the team announced Sunday.
Rizzo, 64, and Martinez, 60, won a World Series with the Nationals in 2019, but the team has floundered in recent years. This season, the Nationals are 37-53 and stuck at the bottom of the National League East after getting swept by the Boston Red Sox this weekend at home. Washington hasn’t finished higher than fourth in the division since winning the World Series.
“On behalf of our family and the Washington Nationals organization, I first and foremost want to thank Mike and Davey for their contributions to our franchise and our city,” principal owner Mark Lerner said in a statement. “Our family is eternally grateful for their years of dedication to the organization, including their roles in bringing a World Series trophy to Washington, D.C.
“While we are appreciative of their past successes, the on-field performance has not been where we or our fans expect it to be. This is a pivotal time for our club, and we believe a fresh approach and new energy is the best course of action for our team moving forward.”
Mike DeBartolo, the club’s senior vice president and assistant general manager, was named interim GM on Sunday night. DeBartolo will oversee all aspects of baseball operations, including the MLB draft. An announcement will be made on the interim manager Monday, a day before the club begins a series against the St. Louis Cardinals.
Rizzo has been the top decision-maker in Washington since 2013, and Martinez has been on board since 2018. Under Rizzo’s leadership, the team made the postseason four times: in 2014, 2016, 2017 and 2019. The latter season was Martinez’s lone playoff appearance.
“When our family assumed control of the team, nearly 20 years ago, Mike was the first hire we made,” Lerner said. “Over two decades, he was with us as we went from a fledging team in a new city to World Series champion. Mike helped make us who we are as an organization, and we’re so thankful to him for his hard work and dedication — not just on the field and in the front office, but in the community as well.”
The Nationals are in the midst of a rebuild that has moved slower than expected, though the team didn’t augment its young core much during the winter. Led by All-Stars James Wood and MacKenzie Gore, Washington has the second-youngest group of hitters in MLB and the sixth-youngest pitching staff.
The team lost 11 straight games in a forgettable stretch last month. And during a 2-10 run in June, Washington averaged just 2.5 runs. Since June 1, the Nationals have scored one run or been shut out seven times. In Sunday’s 6-4 loss to Boston, they left 15 runners on base.
There was industry speculation over the winter that the Nationals would spend money on free agents for the first time in several years, but that never materialized. Instead, the team made minor moves, signing free agents Josh Bell and Michael Soroka, trading for first baseman Nathaniel Lowe and re-signing closer Kyle Finnegan. Now, the hope is a new management team, both on and off the field, can help change the franchise’s fortunes.
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David Schoenfield
The rosters for the 2025 MLB All-Star Game will feature 19 first-timers — and one legend — as the pitchers and reserves were announced Sunday for the July 15 contest at Truist Park in Atlanta.
Los Angeles Dodgers left-hander Clayton Kershaw, a three-time Cy Young Award winner who made his first All-Star team in 2011, was named to his 11th National League roster as a special commissioner’s selection.
Kershaw, who became only the fourth left-hander to amass 3,000 career strikeouts, is 4-0 with a 3.43 ERA in nine starts after beginning the season on the injured list. He joins Albert Pujols and Miguel Cabrera as a legend choice, after the pair of sluggers were selected in 2022.
Kershaw said he didn’t want to discuss the selection Sunday.
Among the first-time All-Stars announced Sunday: Dodgers teammate Yoshinobu Yamamoto; Washington Nationals outfielder James Wood and left-hander MacKenzie Gore; Houston Astros ace Hunter Brown and shortstop Jeremy Pena; and Chicago Cubs 34-year-old left-hander Matthew Boyd.
“It’ll just be cool being around some of the best players in the game,” Wood said.
First-time All-Stars previously elected to start by the fans include Seattle Mariners catcher Cal Raleigh, Athletics shortstop Jacob Wilson, Baltimore Orioles designated hitter Ryan O’Hearn and Cubs center fielder Pete Crow-Armstrong.
Overall, the 19 first-time All-Stars is a drop from the 32 first-time selections on the initial rosters in 2024.
Kershaw would be the sentimental choice to start for the National League, although Pittsburgh Pirates ace Paul Skenes, who leads NL pitchers in ERA and WAR, might be in line to start his second straight contest. Philadelphia Phillies right-hander Zack Wheeler, a three-time All-Star, is 9-3 with a 2.17 ERA after Sunday’s complete-game victory and also would be a strong candidate to start.
“I think it would be stupid to say no to that. It’s a pretty cool opportunity,” Skenes said about the possibility of being asked to start by Dodgers manager Dave Roberts. “I didn’t make plans over the All-Star break or anything. So, yeah, I’m super stoked.”
Kershaw has made one All-Star start in his career, in 2022 at Dodger Stadium.
Among standout players not selected were New York Mets outfielder Juan Soto, who signed a $765 million contract as a free agent in the offseason, and Dodgers shortstop Mookie Betts, who had made eight consecutive All-Star rosters since 2016.
Soto got off to a slow start but was the National League Player of the Month in June and entered Sunday ranked sixth in the NL in WAR among position players while ranking second in OBP, eighth in OPS and third in runs scored.
The players vote for the reserves at each position and selected Wood, Corbin Carroll of the Arizona Diamondbacks and Fernando Tatis Jr. of the San Diego Padres as the backup outfielders. Kyle Stowers also made it as a backup outfielder as the representative for the Miami Marlins.
Unless Soto later is added as an injury replacement, he’ll miss his first All-Star Game since his first full season in 2019.
The Dodgers lead all teams with five representatives: Kershaw, Yamamoto and starters Shohei Ohtani, Freddie Freeman and Will Smith. The AL-leading Detroit Tigers (57-34) and Mariners have four each.
Tigers ace Tarik Skubal will join AL starters Riley Greene, Gleyber Torres and Javier Baez, while Raleigh, the AL’s starting catcher, will be joined by Seattle teammates Bryan Woo, Andres Munoz and Julio Rodriguez.
Earning his fifth career selection but first since 2021 is Texas Rangers righty Jacob deGrom, who is finally healthy after making only nine starts in his first two seasons with the Rangers and is 9-2 with a 2.13 ERA. He has never started an All-Star Game, although Skubal or Brown would be the favorite to start for the AL.
The hometown Braves will have three All-Stars in Acuna, pitcher Chris Sale (his ninth selection, tied with Freeman for the second most behind Kershaw) and first baseman Matt Olson. The San Francisco Giants had three pitchers selected: Logan Webb, Robbie Ray and reliever Randy Rodriguez.
The slumping New York Yankees ended up with three All-Stars: Aaron Judge, Jazz Chisholm Jr. and Max Fried. The Mets also earned three All-Star selections: Francisco Lindor, Pete Alonso and Edwin Diaz.
“Red carpet, that’s my thing,” Chisholm said. “I do have a ‘fit in mind.”
Rosters are expanded from 26 to 32 for the All-Star Game. They include starters elected by fans, 17 players (five starting pitchers, three relievers and a backup for each position) chosen in a player vote and six players (four pitchers and two position players) selected by league officials. Every club must be represented.
Acuna, Wood and Raleigh are the three All-Stars who have so far committed to participating in the Home Run Derby.
The Associated Press contributed to this report.
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