S.C. judge makes ruling on Clemson's case versus ACC (2024)

S.C. judge makes ruling on Clemson's case versus ACC (1)

Clemson received the go-ahead to continue with its case in South Carolina versus the ACC. Clemson AD Graham Neff was watching the proceedings in the court. (Photo: Ken Ruinard / USATODAY)

by - Senior Writer - Fri Jul 12 13:08:19 GMT-04:00 2024

PICKENS, South Carolina - A Pickens County Circuit Court judge denied the request of the Atlantic Coast Conference to abate, or stay, Clemson’s lawsuit against the conference in the state of South Carolina.

The league asked judge Perry H. Gravely to abate, or in the words of ACC counsel Jim Cooney, “park to the side” the South Carolina case where Clemson has sued the conference. Gravely said the ACC didn’t provide enough proof that the lawsuit shouldn’t continue in South Carolina but did dismiss a “sovereign immunity” claim by Clemson that the lawsuit should only be heard in South Carolina, meaning the case will continue to be heard in North Carolina.

In North Carolina, Clemson has appealed the decision by Judge Louis Bledsoe that the case should continue in the North Carolina courts. That will now move to the appellate courts, and that was part of Clemson’s argument that no one knows a timeline for that to be heard. Clemson lawyer Rush Smith said, “We don’t know how long justice will be delayed….I mean, denied.”

What does it all mean? This means that the lawsuit and Clemson’s complaint will continue in the normal course of litigation in South Carolina (while Clemson will also look to its appeal in North Carolina).

The ACC released the following statement shortly after the rulings:

“We are pleased with the dismissal of Clemson’s sovereign immunity claim and are disappointed with the other two rulings. The ACC will continue to focus on protecting the best interests of our membership.”

More to come.

"They are asking the court to delay justice." #Clemson is now speaking in rebuttal of the ACC's argument for abatement. https://t.co/ueVVCvcqEN

— TigerNet.com (@ClemsonTigerNet) July 12, 2024

The ACC argues that #Clemson's implication of being "coerced" into signing the contract is misplaced. https://t.co/1q0hZVEU86

— TigerNet.com (@ClemsonTigerNet) July 12, 2024

#Clemson argues that the ACC performs commercial activities in South Carolina, which they believe strengthens its argument of jurisdiction. https://t.co/z3YaCVbrXS

— TigerNet.com (@ClemsonTigerNet) July 12, 2024

#Clemson references the ESPN agreements, citing the GOR is modified by that specific agreement. The ACC has to fulfill its obligations under the ESPN contract. https://t.co/jf7sOVHNQO

— TigerNet.com (@ClemsonTigerNet) July 12, 2024

"It is simply a closed question about whether there is jurisdiction in South Carolina." #Clemson is on the move within their argument. https://t.co/hTZoSsTnwE

— TigerNet.com (@ClemsonTigerNet) July 12, 2024

"Every time the GOR was presented to #Clemson, the ACC said we need you to sign this, or ESPN won't go for the contract." https://t.co/6r47ZRkA4f

— TigerNet.com (@ClemsonTigerNet) July 12, 2024

Clemson is now speaking. "This is important for the town, the state, and the county for #Clemson to thrive." https://t.co/IlUh8Zgt56

— TigerNet.com (@ClemsonTigerNet) July 12, 2024

The ACC uses President Clement's words in its argument. "The ACC is a great conference. This increases the national exposure for additional revenue and our athletes. It stabilizes the conference long term." https://t.co/BHIT3TgEoX

— TigerNet.com (@ClemsonTigerNet) July 12, 2024

The fundamental question the ACC argues is whether the jurisdiction #Clemson claims to have is irrelevant. https://t.co/O0CtTPi2At

— TigerNet.com (@ClemsonTigerNet) July 12, 2024

Rush Smith says Clemson can't afford to wait for this to play out, saying "as long as this plays out Clemson is prejudiced." He mentions the school can't wait on NC appellate courts.

— David Hood (@MDavidHood) July 12, 2024

Smith says there are no precedents or cases where it says a court should rule a certain way because another court might rule in another way.

— David Hood (@MDavidHood) July 12, 2024

ACC is arguing Res judicata, which is raised when a party thinks that a particular claim was already, or could have been, litigated and therefore, should not be litigated again. They want this judge to "park" this lawsuit until North Carolina's Supreme Court makes a decision on…

— David Hood (@MDavidHood) July 12, 2024

Should be interesting. This is my last photo... Not allowed once the proceedings begin. pic.twitter.com/wF6HH48FqA

— David Hood (@MDavidHood) July 12, 2024

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S.C. judge makes ruling on Clemson's case versus ACC (2024)

FAQs

S.C. judge makes ruling on Clemson's case versus ACC? ›

In a Pickens County courtroom, Judge Perry H. Gravely ruled after a three-hour hearing that Clemson's lawsuit against the ACC

ACC
The Atlantic Coast Conference (ACC) is a collegiate athletic conference located in the United States. Headquartered in Charlotte, North Carolina, the ACC's eighteen member universities compete in the National Collegiate Athletic Association (NCAA)'s Division I.
https://en.wikipedia.org › wiki › Atlantic_Coast_Conference
will continue in the Tigers' home county since the university has “established a case for specific jurisdiction.”

What football conference is Clemson in? ›

The Atlantic Coast Conference was founded on May 8, 1953, at the Sedgefield Inn near Greensboro, N.C., with seven charter members — Clemson, Duke, Maryland, North Carolina, North Carolina State, South Carolina and Wake Forest — drawing up the conference by-laws.

How much can you sue the state of South Carolina? ›

There are caps to compensation in the South Carolina Tort Claims Act. They vary based on the situation: Up to $300,000 to any one person because of a loss arising from a single occurrence.

Is North Carolina a second chance state? ›

Nearly 1 in 4 North Carolinians has a criminal record; this landmark piece of bipartisan legislation allows hundreds of thousands of people with criminal records to have their records expunged.

Is Florida State leaving the ACC? ›

For the time being, despite their ongoing legal action against the ACC, it appears both Florida State and Clemson will not act before the deadline, and will be in the conference next season.

Why is Clemson suing the ACC? ›

In his opening remarks at ACC Kickoff, Phillips vigorously defended the league as questions have swirled about its long-term future. Florida State and Clemson are engaged in lawsuits against the ACC over the league's withdrawal penalty and grant of rights, and the league has filed countersuits against both schools.

Why is Clemson called Clemson? ›

Clemson was founded in 1889 through a bequest from Thomas Green Clemson, a Philadelphia-born, European-educated engineer, musician and artist who married John C. Calhoun's daughter, Anna Maria, and eventually settled at her family plantation in South Carolina.

What was the Supreme Court decision in Jdbv NC? ›

The North Carolina Supreme Court held that the Supreme Court's ruling in Yarborough v. Alvarado barred them from determining whether or not he was in custody based on his age. The court determined that a reasonable adult would've felt free to leave; consequently, J. D. B. was not in custody.

What was the outcome of the NC Supreme Court's decision in State v Mann? ›

The 1829 decision of the North Carolina Supreme Court in State v. Mann declared that slaves had no rights from their masters. Thomas Ruffin authored the opinion of the court, in which he asserted the “full dominion of the owner over the slave.”

What is the North Carolina Bailey decision? ›

On March 28, 1989, the U. S. Supreme Court ruled that the constitutional doctrine and federal law that requires equal, reciprocal treatment among Michigan's state government employees and 23 other states (including North Carolina) gave state and local government employees an exemption from state income tax and thus ...

What was the outcome of the Student for Fair Admissions v University of North Carolina? ›

The outcome : The court reversed the decision of the U.S. Court of Appeals for the 1st Circuit in a 6-3 ruling, holding that "Harvard's and UNC's admissions programs violate the Equal Protection Clause of the Fourteenth Amendment." Justice Chief Justice John Roberts delivered the majority opinion of the court.

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