The Big East Strikes back against WVU

[hoyajmw]

The conference sued WVA yesterday in Providence Superior Court to enforce the 27 month waiting period. Copy of complaint should be on the link below. Of particular note listed as "of counsel" is Tags' old law firm, Covington and Burling (which has long repped the NFL and is one of the nation's great law firms; looks like you've brought a musket to a 16 inch battleship gun fight, Mountaineers).

www.cbssports.com/images/collegefootball/bigeastcomplaint11042011.pdf

[MassHoya]

Anyone know if there is a GU Law connection with any of the RI lawyers? Every little bit helps. Gotta get the West Virginia case dismissed, too.

[hoyajmw]

No Hoya connection to the RI lawyers that I can tell (link to the firm below) -- the lead laywer/name partner Joe Cavanaugh Jr. had to settle for going to Harvard instead, where he played hockey and is now a member of the USA hockey hall of fame (so I guess you could say he chose . . . wisely).

www.blishcavlaw.com/cavanagh.htm

[TBird41]

Nov 5, 2011 12:24:34 GMT -5 hoyajmw said:

No Hoya connection to the RI lawyers that I can tell (link to the firm below) -- the lead laywer/name partner Joe Cavanaugh Jr. had to settle for going to Harvard instead, where he played hockey and is now a member of the USA hockey hall of fame (so I guess you could say he chose . . . wisely).

www.blishcavlaw.com/cavanagh.htm

Not sure if we can trust someone with a degree from B.C. though...

[MassHoya]

Reid = BenedictarnoldCollege Undergrad, Cavanagh, Jr. = BenedictarnoldcollegeC Law. That"s two out of 3 attending that paragon of virtue, honor and commitment. Cavanagh III went to Hoky Cross. Don't know if that helps us. Where's my cousin Vinnie?

[hoyasaxa2003]

I wouldn't read too much into the Rhode Island lawyers. Given that Covington & Burling is "Of Counsel" it could very well mean that they are doing the work and having this Rhode Island firm serve as local counsel, which often means they are used to file the suit and consult on local matters related to Rhode Island courts and law. My feeling is that lawyers at Covington are really handling this and will likely appear in court, if that becomes necessary.

[lichoya68]

and big east remaining football kills WEST VA CUSE ADN PITT ALL BEATEN YESTERDAY BY REMAINING BIG EAST FOOTBALL SCHOOLS oops are they glad they are leaving go hoyas

[lichoya68]

almost as good as meteors or astroids YUP LOTS OF MORE STRIKES COMING

[CTHoya08]

Nov 6, 2011 14:07:12 GMT -5 hoyasaxa2003 said:

I wouldn't read too much into the Rhode Island lawyers. Given that Covington & Burling is "Of Counsel" it could very well mean that they are doing the work and having this Rhode Island firm serve as local counsel, which often means they are used to file the suit and consult on local matters related to Rhode Island courts and law. My feeling is that lawyers at Covington are really handling this and will likely appear in court, if that becomes necessary.

I was going to post something similar. I think it's a safe bet that Covington is doing most of the heavy lifting here.

[hoyasaxa2003]

I took a quick look at Covington's partners in the "Sports" group and there are definitely a few who could be involved on behalf of the Big East. There is a relatively young corporate partner that has apparently worked with the Big East before, but he's not a litigator. There is a litigator who represented the NFL, so he would probably also be a person who could be involved. Regardless of who is involved, I'm guessing they are very capable.

[DanMcQ]

Thanks to DFW for pointing this out on the front page:

wvgazette.com/Sports/WVU/201111290269

The school's lawyers are basically claiming Rhode Island's court doesn't have jurisdiction over the state of West Virginia. They are claiming West Virginia University as an agency of the state.

"Principles of comity require the Court to dismiss this action in recognition of WVU's sovereign immunity, as an instrumentality of the State of West Virginia," reads the motion. It later calls WVU "an alter ego of the State of West Virginia."

WVU's claim is the Big East's lawsuit filed in Providence "involves facts and circumstances that are identical to those" within the suit filed in Monongalia County by the school against the conference and should not be heard twice.

The motion to dismiss also attacks the Big East suit as a "hasty filing" and "entirely unwarranted attempt to sidestep the jurisdiction of the West Virginia Circuit Court."

It attacks the conference, saying the action stems from the "ongoing denigration of the Big East as a football conference, in breach of the Big East Amended and Restated Bylaws."

[lichoya68]

AGNECY OF THE STATE THEN sue the state they took a hoya written song as their state song SUE EM UP

[DanMcQ]

espn.go.com/college-sports/story/_/id/7302863/big-east-seek-dismissal-west-virginia-lawsuit

[lichoya68]

interesting dan sounds like the judge could be actually sorta reasonable hmmmmm go hoyas

[BubbleVisionBiff]

Go Away, Mountaineers!
es.pn/rV2Aaj

[aleutianhoya]

That's a big win for the conference. It would have been extremely easy for the RI court to grant WVU's motion for any number of reasons, but instead, the court wrote a very lengthy and well-reasoned written opinion (which is unusual for a state trial court).

[lichoya68]

let the real games begin ON THE COURT AND IN THE COURTROOM ;D ;D ;D ;D ;D ;D go hoyas GO REAL BIG EAST.. YES

[hoyajmw]

Link to actual opinion attached; agree with aleutianhoya that it is very thorough and well-reasoned (doubtless Covington did a whale of a job for court/clerk to use). Pages 16-21 on the "first filed doctrine" and why court didn't apply it here, and pp. 10-15 on court's unwillingness to let WVA rely on soveriegn immunity to hose (my term, not court's) Rhode Island citizens I thought especially good reading. This judge clearly gets it, and the early buy-out price for WVA just went up A LOT . . .

wvmetronews.com/content/File/Judge_Denies_WVU_s_motion.pdf

[lichoya68]

GLAD WE SUED THEM YUP ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D CUSE AND PITT TOO TAKE NO PRISONERS BIG EAST LIVES ON TO FIGHT AGAIN GO HOYAS BEAT PROVIDENCE YES

[Coast2CoastHoya]

That's a fun read, thanks jmw!