UPDATE: WVU Settles Lawsuit With Big East, To Join Big 12 In July
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Updated: 10:52 AM Feb 15, 2012
UPDATE: WVU Settles Lawsuit With Big East, To Join Big 12 In July
WVU settles separation lawsuit with Big East for unspecified amount, will join Big 12 in July.
Posted: 10:08 AM Feb 14, 2012

WVU Settles Lawsuit With Big East, To Join Big 12 In July
WVU and Big East agree on Mountaineers Departure
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UPDATE: 2/14/2012

MORGANTOWN, W.Va. (AP) - West Virginia University announced Tuesday it has settled a lawsuit with the Big East for an unspecified amount, clearing the way for the Mountaineers to join the Big 12 in July.

Athletic Director Oliver Luck said the terms of the deal were confidential and WVU wouldn't release details. But Luck said no state, taxpayer, tuition or other academic dollars will be used in the settlement.

A person familiar with the agreement said the settlement totaled $20 million but did not know how much money would come from the university and how much the Big 12 may contribute. The person spoke
on condition of anonymity because financial terms were not being made in the announcement of the agreement.

Luck said the funding will come only from private sources and money that athletics raised independently.

WVU has already paid half of the required $5 million exit fee to the Big East.

Luck planned a news conference to discuss the deal later Tuesday morning.

WVU sued the Big East in Monongalia County Circuit Court in Morgantown in November, challenging its bylaws in a bid to join the
Big 12 in time for the 2012 football season.

The Big East countersued in Rhode Island four days later, arguing that WVU had breached its contract with the conference and should remain in the Big East for another two years as required in the bylaws. In late December, the judge there denied WVU's motion
to dismiss.

Luck said the Big 12 gives WVU "significant advantages" over the Big East.

"The Big 12 is a strong and vibrant conference academically and athletically," he said in a statement. "We look forward to the potential academic and athletic partnerships and financial opportunities that membership in the Big 12 offers."

WVU President James Clements called the partnership with the Big 12 "an investment in WVU's future."

Big East Commissioner John Marinatto had repeatedly said West Virginia would not be allowed to leave until the 2014 football season.

But in a statement Tuesday, Marinatto said the board of directors voted to terminate WVU's membership in the conference as of June 30. Marinatto said the board agreed to the deal because WVU was willing to drop its lawsuit and pay an exit fee "well in excess of that required by the bylaws."

He said WVU has agreed to have the West Virginia court enter a judgment that declares the Big East's bylaws "valid and enforceable."

With its recent additions, Marinatto said, "the future for the Big East Conference has never been brighter."

Boise State, the University of Central Florida, the University of Houston, the University of Memphis, San Diego State University,
Southern Methodist University and the United States Naval Academy
have all recently joined the conference.

While the legal fight played out, the Big 12 was put in limbo, unable to release a football schedule for next season. Now the WVU's membership for 2012 is secured, that schedule should be out
soon.

The Big East still has work to do to figure out how next season will play out. Pittsburgh and Syracuse announced in September they are leaving for the Atlantic Coast Conference, but have said they will not challenge the Big East's notification rules.

That leaves the Big East with seven football teams for 2012 and a hole in the schedule that could leave its remaining members scrambling to find a game so late - unless one of its future members can be convinced to join a year early.

Boise State, which is joining the Big East in football only, has been approached about leaving the Mountain West early.

Associated Press Writer Ralph Russo contributed to this report from New York.

(Copyright 2012 by The Associated Press. All Rights Reserved.)


UPDATE: 2/14/2012

MORGANTOWN, W.Va. (AP) - West Virginia University says it has settled a lawsuit with the Big East conference for an unspecified amount, clearing the way for the Mountaineers to join the Big 12 in July.

Athletic Director Oliver Luck says terms of the deal are confidential and WVU won't release details. But he says no state or taxpayer funds, tuition money or other academic revenues will be used. He says WVU will pay the Big East from private sources and
money that athletics raised on its own.

Luck planned a news conference later Tuesday in Morgantown.

WVU sued the Big East in November, challenging its bylaws in a bid to join the Big 12. The Big East countersued four days later.

(Copyright 2012 by The Associated Press. All Rights Reserved.)


WVU statements on Big East settlement agreement

MORGANTOWN, W.Va. – West Virginia University has reached a settlement agreement with the Big East Conference in the pending civil actions in West Virginia and Rhode Island, WVU officials confirmed today. WVU will officially begin its full membership in the Big 12 Conference in July.

“Our membership in the Big 12 offers WVU significant advantages,” said Director of Intercollegiate Athletics Oliver Luck. “The Big 12 is a strong and vibrant conference academically and athletically. We look forward to the potential academic and athletic partnerships and financial opportunities that membership in the Big 12 offers."

Luck said the agreement prohibits discussion of the details, but stressed that no state or taxpayer funds, tuition or academic support monies will be used to pay the settlement. Any settlement funding transferred, according to Luck, will come from private sources and independently generated athletic revenues.

WVU President Jim Clements stressed the importance of the University’s future direction.

"We are in great company in the Big 12, joining a group of world-class research universities – many of them large public land-grant flagship institutions like WVU,” Clements said. “These schools have quality academics, research, athletic programs, winning traditions and loyal, passionate fans.”

He added, “Our partnership with the Big 12 is an investment in WVU's future. We're looking forward to the tremendous opportunities it presents – all across our university."

Luck said of the settlement: “This closes a chapter and opens a new one filled with exciting possibilities for WVU’s future. I’ve heard from Mountaineer fans across the country who have made it very clear that they are proud and honored to be heading into the Big 12.”

Clements and Luck thanked West Virginia fans everywhere, as well as the governor, United States senators and representatives, the attorney general, state senators and delegates for their support these past few months.

WVU accepted an invitation to join the Big 12 in late October.

-WVU-

02/14/12


UPDATE: 2/14/2012

MORGANTOWN, W.Va. (AP) - WVU settles separation lawsuit with Big East for unspecified amount, will join Big 12 in July.

(Copyright 2012 by The Associated Press. All Rights Reserved.)


UPDATE: 2/1/2012

CHARLESTON, W.Va. (AP) - A judge has refused to put a West Virginia University's lawsuit against the Big East on hold while the conference's countersuit plays out in Rhode Island, saying he does not believe it will serve the interests of justice.

In a ruling issued Tuesday, Monongalia County Circuit Court Judge Russell Clawges said WVU's lawsuit was filed first and is set for trial, while no trial is scheduled in Rhode Island.

Clawges also denied the Big East's request to dismiss WVU's lawsuit, which argued that there is a more convenient forum for the litigation. He said the Big East's bylaws do not contain provisions addressing where disputes should be resolved.

"Interestingly, the Big East is a corporation formed in the District of Columbia and the parties contend the District of Columbia law applies to the resolution of the disputes between the parties," Clawges wrote. "Neither party is contending that the District of Columbia is the appropriate forum for this action, although it would at least provide both parties with a neutral court, as would the Madison Square Garden, I suppose."

Seth Hayes, a lawyer for WVU, said the plaintiff's attorneys did not see the ruling until Wednesday morning and could not comment. Benjamin Block, an attorney for the Big East, did not immediately return a telephone message Wednesday seeking comment.

The Dominion Post first reported Clawges' ruling.

WVU is seeking to speed up its exit from the Big East and join the Big 12 in time for the 2012 football season. Its lawsuit, filed in November, contends that the conference violated its responsibility to members by failing to balance the number of football-playing and non-football playing schools.

The Big East countersued in Rhode Island four days later. The league claims WVU breached its contract with the conference and should remain in the Big East for about two more years, as required in the bylaws.

Clawges said there will not be unreasonable duplication or "proliferation of litigation" if WVU's case proceeds in West Virginia. The trial is set for June 25.

"Big East has caused an unreasonable duplication of litigation by filing suit in Rhode Island after this action was filed in West Virginia. There is no reason all claims of the parties against each other cannot be resolved in one forum," the judge wrote.

In December, a Rhode Island judge denied WVU's request to dismiss the Big East's lawsuit. He has since ordered the parties into non-binding mediation and scheduled a status conference for Feb. 9.

(Copyright 2012 by The Associated Press. All Rights Reserved.)

_______________________________________________________________

UPDATE: 1/11/2011

MORGANTOWN, W.Va. (AP) - A Rhode Island judge has ordered West Virginia University and the Big East to enter non-binding mediation in their competing lawsuits over WVU's plans to quit the conference and join the Big 12.

Providence County Superior Court Judge Michael Silverstein signed an order Tuesday and scheduled a status conference for Feb. 9.

He also ordered the Big East to file an answer to WVU filings by Jan. 18.

WVU sued the Big East in Monongalia County Circuit Court in Morgantown in November, challenging the conference bylaws in a bid to join the Big 12 before the 2012 football season.

The Big East countersued in Rhode Island four days later, arguing WVU should remain in the conference for 27 months.

Judges in both states have denied motions to dismiss the lawsuits.

(Copyright 2012 by The Associated Press. All Rights Reserved.)

_________________________________________________________

12/27/2011

(AP) - A Rhode Island judge has denied a request by West Virginia University to dismiss a lawsuit filed by the Big East conference over the university's bid to make a quick exit for the Big 12.

Providence County Superior Court Judge Michael Silverstein issued his decision on Tuesday.

The conference's lawsuit seeks unspecified damages and an order that West Virginia stay in the conference for 27 months.

West Virginia accepted an invitation from the Big 12 in October and hopes to join in time for the 2012 football season.

Since then the school and Big East have each sued the other and filed motions to dismiss the other's lawsuits. A West Virginia judge earlier this month refused to dismiss a university lawsuit against the Big East.


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