ACC Files Countersuit Against Clemson

Following Clemson University’s lawsuit against the Atlantic Coast Conference on Tuesday, the ACC has responded with its own suit.

The conference has filed a counter suit against Clemson in Mecklenburg County, where it also filed a lawsuit against Florida State this past December.

Florida State filed suit against the ACC on December 21 of last year, and Clemson joined FSU as conference members who are challenging the league in court over the league’s Grant of Rights deal and $130 million exit fee.

The ACC’s counter suit — which argues that Clemson cannot get out of the ACC grant of rights or the league exit fee — begins with a quote from Clemson President and then-Chair of the ACC’s Council of Presidents, James Clements.

“The ACC is a great conference, and this increases the national exposure, brings in additional revenue and offers greater opportunity for student athletes,” Clements said on June 21, 2016. “For us and the Florida States and others, it stabilizes the conference long term.”

According to court records:

Consequently, the ACC seeks (1) a declaration that the withdrawal payment is a valid and enforceable contract term applicable to Clemson (2) a declaration that the plain language of the Grant of Rights means what it says and that Clemson’s grant of rights is exclusive and irrevocable through the term, regardless of whether Clemson remains a Member Institution (3) a declaration that by accepting millions of dollars of benefits under the Grant of Rights and as a Member Institution that has operated under the Grant of Rights for more than a decade, Clemson is equitably estopped from attacking the validity of the withdrawal payment or the Grant of Rights or, in the alternative, has waived any right to do so (4) a declaration that Clemson owes fiduciary duties to the ACC as a Member Institution (5) damages for Clemson’s breach of the Grant of Rights and (6) damages for Clemson’s breach of the covenant of good faith and fair dealing.