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Clemson Sues ACC over Grant of Rights, Withdrawal Fee Following FSU's Lawsuit


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Clemson has become the second ACC program, after Florida State, to file a lawsuit against the conference. Clemson has filed a lawsuit against the ACC in Pickens County, South Carolina, according to court records.

According to the court filing, the school is suing the ACC over its grant of rights and the enforceability of withdrawal fees, though Clemson said in a statement that it has not told the conference it is seeking an exit.

“The ACC has publicly asserted that the ACC irrevocably owns the media rights of member institutions to home games played through 2036, even if the institution ceases to be a member of the Conference,” Clemson’s lawsuit reads, via On3. “The ACC has also claimed that member institutions must pay an exorbitant $140 million penalty to leave the Conference, and that members owe the Conference fiduciary duties, specifically with respect to obligations created by their grant of media rights to the Conference.”

“In this litigation, Clemson seeks confirmation of the plain language found in the Grant of Rights agreements and the related media agreements between the ACC and ESPN – that these agreements, when read together, plainly state that Clemson controls its media rights for games played if it is no longer a member of the ACC,” the statement said.

Clemson concluded their statement by saying, “Clemson also seeks a ruling regarding the unenforceability of the severe penalty the ACC is seeking to impose upon exiting members and confirmation that it does not owe a fiduciary duty to the conference as alleged by the ACC.… Clemson has not given notice that it is exiting the ACC and remains a member of the conference.”

It looks to me that as of now Clemson will remain a member of the ACC as is Florida State. However, both Florida State and now Clemson have taken steps to question the ACC's media rights deal.

I guess the million-dollar question is: Will one or both schools end up leaving the conference? I say they both will wait and see what the court rules and goes from there. It should be an interesting next year or two to see how this plays out. Clemson is one of the original members of the ACC, having been a part of the conference since 1953.

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