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    Clemson gets a win at home in legal battles with ACC

    By Derrian Carter, Greenville News,

    10 days ago

    https://img.particlenews.com/image.php?url=15hZkf_0uP4oeyl00

    CLEMSON — Clemson University evened the score against the Atlantic Coast Conference on Friday after losing a legal battle to the league earlier this week.

    With Clemson athletic director Graham Neff and ACC deputy commissioner Amy Yakola in attendance, judge Perry H. Gravely granted the university's case for specific jurisdiction in Pickens County, South Carolina. This means the school's case over its grant of rights will continue because the conference, in his opinion, has had more than minimal contact in South Carolina.

    "The basic crux of this case is the grant of rights, broadcasting rights," Gravely said. "Both of those are broadcasted in South Carolina. Even though it requires their cooperation with ESPN, that is still part of their agreement with the ACC."

    Friday's ruling in Pickens differs from Wednesday's ruling in Mecklenburg, North Carolina, as it focused on Clemson's initial lawsuit against the ACC in South Carolina. A North Carolina judge ruled on the conference's countersuit to the university two days ago when he denied Clemson's motion to stay and rejected, in part, its motion to dismiss the league's countersuit.

    Gravely dismissed Clemson's motion for sovereign immunity and the ACC's motion for abatement — abatement is when a legal proceeding is delayed, interrupted or closed.

    This gives a perceived home-court advantage to Clemson, but it doesn't mean a South Carolina court's ruling will overrule a North Carolina ruling, if one occurs.

    Following the judge's verbal ruling, Clemson's attorneys will prepare an order, the ACC will make sure it is in line with what was declared and Gravely will sign and post it to make it official. The conference will then have 30 days to appeal the ruling.

    ACC attorneys argued the league doesn't have specific jurisdiction in South Carolina. They explained the grant of rights is a North Carolina court issue because the contracts were amended there. They added the ACC logos present at Clemson sporting events don't generate money for the league, and that is a part of its deal with ESPN.

    Clemson attorneys rebutted the ACC's assertions, speaking on the many ways the league does commercial business in South Carolina. They argued the conference doesn't own property in the state but uses Clemson's resources to operate in the state. An example used was when ESPN's "College GameDay" comes to campus, and Clemson has to provide spaces, microphones and catering to make the show work.

    MORE: ACC 'disappointed' Clemson refused to move football game vs South Carolina to Black Friday

    Following Friday's ruling, the ACC released the following statement:

    “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.”

    A Clemson's athletic department spokesperson on Wednesday said the university will not comment on each ruling, motion, etc.

    There are now four court battles in motion between the ACC and Florida State, respectively, and the league and Clemson, apiece.

    The legal battle started March 19 after the university filed its initial complaint against the conference in Pickens County over the conference's grant of rights deal and its penalties for withdrawal from the league. The decision was seen as a potential initial legal step to depart the conference to join the SEC or Big Ten.

    The ACC responded a day later with its countersuit in Mecklenburg County. Both parties filed motions to dismiss each case, but neither were completely successful.

    After getting its motion to dismiss partially denied, Clemson filed a notice of appeal to the North Carolina supreme court Thursday, triggering an "automatic stay," until the appeal has been resolved. A stay is a ruling by a court to stop or suspend a proceeding or trial temporarily or indefinitely.

    Derrian Carter covers Clemson athletics for The Greenville News and the USA TODAY Network. Email him at dcarter@gannett.com and follow him on X, formerly known as Twitter, @DerrianCarter00

    This article originally appeared on Greenville News: Clemson gets a win at home in legal battles with ACC

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