ACC files countersuit versus Clemson

The ACC has countersued Clemson now.

by TigerNet Staff - Wed Mar 20 19:28:38 GMT-04:00 2024

The Atlantic Coast Conference has filed its response in a Mecklenburg County court on Wednesday to Clemson's Tuesday lawsuit.

The ACC is seeking for the court to: 1) "The Court issue a Declaration that the Grant of Rights and amended Grant of Rights is a valid and enforceable contract between Clemson and the ACC, that Clemson irrevocably and exclusively granted its rights to the ACC for the duration of the term, regardless of whether it remains a Member Institution, and issue all necessary injunctive decrees or relief to enforce this Declaration;"

2) "The Court issue a Declaration that Clemson is estopped from challenging the validity of the Grant of Rights and amended Grant of Rights under the doctrine of equitable estoppel or estoppel by acceptance of benefits;"

3) "The Court issue a Declaration that Clemson is barred from challenging the validity of the Grant of Rights and amended Grant of Rights and has waived its right to do so;"

4) "This Court issue a Declaration that the withdrawal payment established by the ACC Constitution is a valid and enforceable obligation;"

5) "The Court issue a Declaration that Clemson owes the ACC fiduciary duties under the ACC Constitution and Bylaws and North Carolina law;"

6) "The Conference have and recover of Clemson damages for its breaches of the Grant of Rights and Amended Grant of Rights in an amount to be proven at trial but which the Conference reasonably believes will be substantial;"

7&8) "The Conference have and recover of Clemson damages for its breach of its duty of good faith and fair dealing in an amount to be proven at trial but which the Conference believes will be substantial; and, This Court order such further relief as it deems just and appropriate."

The league led the lawsuit by quoting Clemson president Jim Clements' words after the league agreed to a new Grant of Rights with the ACC Network deal in 2016.

"The ACC is a great conference, and this increases the national exposure, brings in additional revenue and offers greater opportunity for student athletes. For us and the Florida States and others, it stabilizes the conference long term," Clements said then.

Clemson challenged the ACC's rights to hold Clemson to the Grant of Rights once potentially leaving the league and said that the $140 million withdrawal fee was "unconscionable," among more descriptors.

Clemson lawsuit with ACC