FSU Files Motion To Have ACC’s Lawsuit In N.C. Dismissed Citing 5 Major Reasons It Should Be Tossed Out

Florida State University filed a motion on Wednesday to have the ACC’s lawsuit in North Carolina tossed out, or at the very least, stayed until FSU‘s lawsuit against the ACC is done.

In the motion, FSU laid out five clear cut allegations of why the North Carolina lawsuit should be dismissed, not least of which is the ACC broke its own bylaws in the filing of the lawsuit, according to the motion filed by FSU.

Jon Loesche of Tomahawk Nation was amongst the first in the FSU community to report on the newly filed motion. He succinctly breaks down the filing into 5 major points, all of which appear to be valid reasons to dismiss the lawsuit in the eyes of Florida State. The 5 reasons to dismiss he cites are:

“The ACC prematurely filed suit before an actual or justiciable controversy arose”

“The ACC didn’t follow its on bylaws to provide member notice or to obtain the two-thirds vote required by its Constitution to initiate the lawsuit vs. FSU”

“FSU has not waived sovereign immunity and can’t be sued in a North Carolina court”

“The Florida State Board of Trustees never approved the ACC Grant of Right agreement as required by Florida law”

“North Carolina law doesn’t allow for the ACC to impose broad, extra fiduciary duties on its members”

FSU’s full motion to dismiss can be read on Scribd but the five main points above are filled with lots of legal speak. That said, it’s worth reading through for those who are invested in these FSU-ACC lawsuits one way or another:

FSU’s legal team are making compelling arguments but what happens next is entirely up to the Mecklenburg County Superior Court system.

Lastly, it’s worth reminding everyone that this is FSU seeking to dismiss the ACC’s lawsuit against FSU that was filed prior to FSU filing its own lawsuit against the ACC.