Clemson believes the ACC owes damages for “reckless” statements about its media rights agreement and exit penalty as the school and conference continue their court battle. Travis Bell/Sideline Carolina
CLEMSON — Clemson is seeking damages from the Atlantic Coast Conference as their court battle over the conference’s exit penalty continues.
In an amended complaint filed on April 17 in Pickens County, Clemson claims the ACC’s statements about the ironclad nature of its grant of rights — which, in theory, tie schools’ broadcast rights to the conference through 2036 — were made with “malintent” and were meant to deter Clemson from exiting the ACC.
“When making those statements, the ACC acted in reckless and wanton disregard for Clemson’s rights and should have recognized that its statements were likely to result in harm to Clemson’s interests and a diminution in the value of Clemson’s intangible property,” the complaint reads.
Clemson’s attorneys are asking the court to award damages “to be determined at trial ... for harm caused by the ACC’s misstatements and slander of Clemson’s title” to its media rights. The amended complaint also seeks punitive damages for the ACC’s “willful and malicious conduct.”
Clemson argued in its original complaint, filed on March 19, that the ACC only retains the broadcast rights to the school’s games played while it is a member of the conference, and, if Clemson were to leave for another league, the ACC would have no claim to those media dollars.
The ACC is facing lawsuits from both Clemson and Florida State in their respective home states of South Carolina and Florida, while the league has countersued both institutions in North Carolina.
“Clemson has not breached any legal duty owed to the ACC by filing this lawsuit — which does not challenge the validity or enforceability of the grant of media rights but merely seeks a declaratory judgement regarding the scope of the rights granted,” Clemson’s amended complaint argues. The complaint also alleged that Clemson has not waived its right to “sovereign immunity,” which protects public agencies from lawsuits brought by other states.
In a countersuit in North Carolina, the conference accuses Clemson of deception and, perhaps, how to better allocate ACC media funds as the school also prepares to compete in South Carolina. expressed a desire to engage in productive conversations. File a complaint before ACC takes action.
The ACC also called out Clemson for voting in favor of increasing the conference withdrawal penalty in 2012 and voting in favor of entitlement in 2013 and 2016. In a court filing, Clemson called the conference’s $140 million exit penalty “unreasonable. Considering future media rights, it could cost Clemson and FSU more than $500 million each to leave the ACC..
Clemson seeks damages for ACC’s ‘willful and malicious conduct’ in media-rights court battle
