CLEMSON — The Clemson Insider confirmed Clemson University filed a complaint against the Atlantic Coast Conference on Tuesday.
Clemson filed its civil complaint at the Pickens County Courthouse Tuesday morning in Pickens, S.C. Clemson joins Florida State, who filed suit against the ACC on December 21 of last year, as conference members who are challenging the league in court.
These are direct challenges to the league’s Grant of Rights deal and $130 million exit fee.
Sources tell us Clemson is expected to comment on the civil suit later this afternoon.
“Clemson makes this motion on the grounds that the Complaint refers to and describes portions of agreements between the ACC on the one hand, and ESPN, Inc. and ESPN Enterprises, Inc. (together, “ESPN”) on the other hand—specifically, the Amended Multimedia Agreement and the Network Agreement (together, the “ESPN Agreements”)—and that the parties to these agreements maintain that the terms thereof are confidential and constitute trade secrets. Clemson is not a party to the ESPN Agreements.”
The civil suit also says, “Among other things in this action, Clemson seeks a declaration of rights pursuant to a Grant of Rights Agreement between Clemson and the ACC. ”
“The ACC has said, in numerous public statements, that by executing the Grant of Rights, Clemson granted the ACC rights to all Clemson home games through 2036, even if Clemson ceases being a member of the ACC. Clemson disagrees with the ACC’s characterization of the rights granted, and it contends that an examination of the purportedly confidential ESPN Agreements will refute the ACC’s publicly stated position and support Clemson’s requested declaratory judgment. The Grant of Rights states that Clemson granted only such rights as were “necessary for the Conference to perform the contractual obligations of the Conference set forth in the [ESPN Agreements].
“Clemson’s Complaint asks the Court to examine “the contractual obligations of the Conference set forth” in the ESPN Agreements together with the rights “necessary for the Conference to perform those obligations—and thus determine which rights Clemson granted, and which it retained. Because the Grant of Rights expressly depends on the ESPN Agreements, the ESPN Agreements are essential to interpreting the Grant of Rights Agreements under which Clemson seeks declaratory relief.”
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