CLEMSON — The Atlantic Coast Conference won a legal victory against Clemson University on Wednesday.
North Carolina Commercial Court Chief Judge Louis A. Bledsoe III denied the school's request for an injunction and also denied in part the association's request to dismiss the counterclaim. His decision came after a July 2 hearing between the parties in Mecklenburg County Court in Charlotte.
Bledsoe's denial of Clemson's motion for a stay (a stay is when a court issues a ruling to halt or stop a legal proceeding or trial, either temporarily or indefinitely) means that the ACC's lawsuit against Clemson in North Carolina will proceed. He also ruled that the lawsuit can move forward on disputes over who owns the television rights if Clemson leaves the ACC and what the fines for leaving the ACC would be.
Judge Bledsoe also denied Clemson's motion to dismiss on the grounds of “sovereign immunity,” writing that Clemson “waived” its immunity by engaging in commercial, rather than governmental, activities in North Carolina.
“The only courts with jurisdiction over FSU, Clemson and the ACC – and therefore the only courts that can ensure consistent and uniform interpretation of the Entitlement Agreement and the ACC Charter and Bylaws, which are at the heart of the litigation – are the courts of North Carolina,” Bledsoe wrote, noting that conflicting outcomes by different courts would create “procedural confusion and significant chaos.”
“Only a North Carolina court, and possibly only in a single consolidated action in North Carolina, can issue a consistent and uniform ruling binding on ACC, FSU and Clemson regarding the documents at issue in the four pending lawsuits.”
This would likely give the ACC home-court advantage, but it doesn't mean a North Carolina court decision would supersede a South Carolina decision.
Bledsoe rejected many of the ACC's arguments, including its request for a declaration as to whether the league's grant agreement was a “valid and binding contract,” and its claims that Clemson breached its contract with ACC, that it did not comply in good faith with the league's rules, and that it owed a fiduciary duty to the league.
Following Wednesday's ruling, the ACC released the following statement:
“We are gratified that today's decision confirms that only North Carolina courts can issue decisions that apply to both Clemson University and Florida State University. This decision also reinforces what ACC has been clear about from day one: that North Carolina courts are the proper forum to enforce and interpret ACC's claims.”
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A spokesman for Clemson University's athletic department said Wednesday that the university would not comment on the ruling.
There are currently three legal battles between the ACC and Florida State University, as well as a countersuit filed by the league against Clemson University.
One more could join when Clemson University and the ACC have a hearing in Pickens County Court on July 12. Judge Perry H. Gravely will rule on the university's motion for summary judgment and the conference's motion to dismiss.
The legal battle began on March 19, when the university filed its first complaint against the conference in Pickens County over the conference's rights agreement and withdrawal penalty. The decision was seen as the first legal step toward potentially leaving the conference to join the SEC or Big Ten. The ACC responded the next day by filing a countersuit in Mecklenburg County.
Derrian Carter covers Clemson University sports for the Greenville News and the USA Today Network. Email him at dcarter@gannett.com. Follow him on X (formerly Twitter): @DerrianCarter00