Boise State files a lawsuit against the MWC
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Re: Boise State files a lawsuit against the MWC
I was thinking the same thing. If there is a city that is more behind their team than Boise is with BSU I haven't seen it yet!
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Re: Boise State files a lawsuit against the MWC
Well, it will be interesting to see how this all falls out. As everyone knows, these cases usually never end up in court, but are settled. It will be tough to settle this because BSU believes they are carrying the MWC and the other teams apparently want everything on an equal basis. Where does this end? Can BSU go indy? Probably in football, but they would struggle mightily in all the other sports, BB included. BYU not only had a national base (international actually), but they had and have their own top-notch, state-of-the-art network. There's a huge difference there.
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Re: Boise State files a lawsuit against the MWC
I can't wait for all the other schools to pile on BSU and call them hard to work with, and who do they think they are, and how they think they are better than the rest of the conference, and how it will be a cold day in Hades before they consider scheduling them... I am pretty sure we will hear nothing.
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Re: Boise State files a lawsuit against the MWC
https://themw.com/news/2020/1/22/genera ... ement.aspx
“Last week Boise State filed a complaint regarding media rights against the Mountain West Conference, however, that action alone does not formally begin a lawsuit. The University and the Mountain West are currently in discussions in hopes of bringing this matter to a resolution without litigation.”
This really feels like we are "defining" terms here. i.e. its a "complaint", not a "lawsuit". Now wonder all these legal documents spend pages at the beginning defining the terms that will be used in the document. Of course they will try and settle this before it was to end up in a court room--but the paper was filed with the court requesting a jury trial.
“Last week Boise State filed a complaint regarding media rights against the Mountain West Conference, however, that action alone does not formally begin a lawsuit. The University and the Mountain West are currently in discussions in hopes of bringing this matter to a resolution without litigation.”
This really feels like we are "defining" terms here. i.e. its a "complaint", not a "lawsuit". Now wonder all these legal documents spend pages at the beginning defining the terms that will be used in the document. Of course they will try and settle this before it was to end up in a court room--but the paper was filed with the court requesting a jury trial.
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Re: Boise State files a lawsuit against the MWC
This statement is disingenuous at best. The filing of a complaint alone does not constitute a lawsuit, because a lawsuit is a legal action between the parties, and it comprises all of the steps through conclusion of a trial and any appeals. But I believe that the overwhelming consensus in the legal community is that the filing of a Complaint does exactly what the joint statement says it does not do. A Complaint filed in court formally begins a lawsuit.Fido wrote: ↑Wed Jan 22, 2020 11:17 pm https://themw.com/news/2020/1/22/genera ... ement.aspx
“Last week Boise State filed a complaint regarding media rights against the Mountain West Conference, however, that action alone does not formally begin a lawsuit."
All of this is now yet another exhibit in the case against BYU ever returning to the MWC. The MWC is still the same wretched hive of scum and villainy as it was before BYU left.
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Re: Boise State files a lawsuit against the MWC
The only way I can make sense of the statement that filing a complaint "alone does not formally begin a lawsuit" is if they are talking about serving the complaint on the defendants.ABYUFAN wrote: ↑Thu Jan 23, 2020 10:47 amThis statement is disingenuous at best. The filing of a complaint alone does not constitute a lawsuit, because a lawsuit is a legal action between the parties, and it comprises all of the steps through conclusion of a trial and any appeals. But I believe that the overwhelming consensus in the legal community is that the filing of a Complaint does exactly what the joint statement says it does not do. A Complaint filed in court formally begins a lawsuit.Fido wrote: ↑Wed Jan 22, 2020 11:17 pm https://themw.com/news/2020/1/22/genera ... ement.aspx
“Last week Boise State filed a complaint regarding media rights against the Mountain West Conference, however, that action alone does not formally begin a lawsuit."
All of this is now yet another exhibit in the case against BYU ever returning to the MWC. The MWC is still the same wretched hive of scum and villainy as it was before BYU left.
IMHO, filing has started a lawsuit, you just don't really have a defendant until you serve them.
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Re: Boise State files a lawsuit against the MWC
Agreed ... technically and "formally" a lawsuit must be timely served before it has begun (meaning before the named defendant must respond and join the battle or lose) ... but that is a mighty fine legal point. (It would take some fancy argument to convince my old Civil Procedure professor that I was right if I put that on my final exam! LOL!)snoscythe wrote: ↑Thu Jan 23, 2020 11:01 amThe only way I can make sense of the statement that filing a complaint "alone does not formally begin a lawsuit" is if they are talking about serving the complaint on the defendants.ABYUFAN wrote: ↑Thu Jan 23, 2020 10:47 amThis statement is disingenuous at best. The filing of a complaint alone does not constitute a lawsuit, because a lawsuit is a legal action between the parties, and it comprises all of the steps through conclusion of a trial and any appeals. But I believe that the overwhelming consensus in the legal community is that the filing of a Complaint does exactly what the joint statement says it does not do. A Complaint filed in court formally begins a lawsuit.Fido wrote: ↑Wed Jan 22, 2020 11:17 pm https://themw.com/news/2020/1/22/genera ... ement.aspx
“Last week Boise State filed a complaint regarding media rights against the Mountain West Conference, however, that action alone does not formally begin a lawsuit."
All of this is now yet another exhibit in the case against BYU ever returning to the MWC. The MWC is still the same wretched hive of scum and villainy as it was before BYU left.
IMHO, filing has started a lawsuit, you just don't really have a defendant until you serve them.
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