190 Comments
Nov 14, 2023Liked by John Canzano

This is extraordinary coverage (pre-coverage, you could say) of an immensely complex topic. Having been briefed many times by lawyers for the schools at which I served--usually anticipating media queries--you can’t be better informed than this about what to expect in that courtroom.

As your source predicts, I’m guessing the push-pull for OSU and WSU is being ‘careful about what they wish for.’ With assets come liabilities, some harder than others to calculate or anticipate.

It’s hard for me not to think about the gutless, soulless, voracious money changers in LA whose greed set so much of this mess in motion. I hope they choke on their BIG10 media payouts.

Your usual informative, behind-the-curtain stuff. Thanks, John.

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author

Thank you. This isn’t my world… so I went in search of people who make it theirs. I’ll be in court and have updates.

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John, the best "expert" you got on this travesty was when you gave Bill Walton the platform to read his open letter. When he wrote on "UCLA's wrong turn" and that the powers who made the decision said "why they like it, is about money, these same proponents of moving to the Big 10, are the first people I have ever encountered in my life, who have claimed economic hardship and limitations in Los Angeles, and that the solution lies in the Midwest." Bill nailed it back then and the saga continues.

Thanks for all your efforts.

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Can’t wait.

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Well said

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Absolutely but then lawyers get paid no matter what. They really have no skin in the game whatsoever and they never have and they never will and I’ve got better clothes too.

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Nov 14, 2023·edited Nov 14, 2023

I disagree with that. Lawyers are people, too. Even though they get paid, they have political and social biases that are reflected in what they do in court. They also have a fiduciary responsibility to the client that pays them (as you noted). Lawyers in a lawsuit are not objective. Far from it. They do not always speak the truth and can be intentionally misleading which is why there is a judge.

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They lose, they get paid, they don’t care. They play public golf with judges on Saturdays early and They both just laugh. Internally. They give themselves putts and lie about their scores too. They are soulless grifters feeding off the backs of the machine much like a crustacean on a whale.

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Nov 14, 2023·edited Nov 14, 2023

The attorneys I know, and I am friends with a bunch, are all highly competitive and they do not like to lose. Generally, in tort cases, they make a lot more by winning than losing. I don't know any public defenders. I do also know some judges, including a high school buddy who is on the Oregon Court of Appeals and the DC judge who tried the Chauvin case in Minneapolis. These are all good people who are interested in the law and fairness, first, and being buddies with some attorney a distant second. I don't buy into the cynicism.

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Chauvinism at its finest I

Say! Here, here. Drink from the cup of inequity all you like because your money is no good Mr. Torrence. I too knew honorable men who sucked at golf and thought soccer was a good sport also. Lawyers are the bane of human existence. They are ruthless to the core. Judges are paper pushers for the most part. Just lifetime witnesses like myself and you too.

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That's not been my experience. So, I can say with good authority that you are just flat out wrong in your all encompassing generalization of Attorneys. Maybe you need to grow a beard, live off the grid in Montana, and write a manifesto.

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Nov 14, 2023·edited Nov 14, 2023

I imagine the leadership at OSU and WSU and all their fans, me included, are happy for lawyers and courts. If it was just rule of the majority (also called "mob rule"), which is the alternative, they would be screwed.

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Montanans would prefer Oregonians, Californians and Washingtonians would grow their beards in their own states and leave Montana alone.

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One revealing word comes to mind when I read unhinged, unbalanced, strident comments like this: projection. Take that beam out of your own eye first then you can see clearly to address the mote in my eye (also an attorney).

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Spoken like a true lawyer I say!

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Actually, the lawyers do have skin in the game. It's easy to hate on them, but when you need one, and you have good legal representation, they more than earn their money. Like all of society, professions and jobs generally have a spectrum of people working at them who range from expertly proficient to downright incompetent, and from highly ethical to sleazy. Like the old saying goes, "He who represents himself in legal matters has a fool for a client".

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Great grasp of the obvious...yawn...

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Clearly not obvious to the commenter I was responding to. But your retort is what I expect from a Real Dick.

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...yawn...

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So do athletes on losing teams. What's your point?

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Here's a little something that aptly describes the character of those LA money changers

https://youtu.be/WEE8mNHxWFU

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Purrrrrfect.

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Nov 14, 2023·edited Nov 14, 2023Liked by John Canzano

Your friend, Matthew Wand, is very wise and could be a judge himself by his objectivity in this matter. I am naturally a logical person. The law is not always rational, attorneys and judges are human with all the biases that conveys, but that is its intent. Any objective person can see that the 10 leaving schools gave up any right to dictate the future of the PAC12 by accepting the offer from the conferences they are joining (creating a new contract). They can't belong to two conferences at the same time: illogical. So they must have given their notice of separation, whether or not in writing. As the sole members of the PAC12 at this time, it will be up to OSU and WSU to decide how to handle the conference finances going forward including distribution of assets and payment of liabilities. Logical. As for George K, he is just a scoundrel. He has breached his contract and fiduciary duty and should be sued in court for a dismissal "with cause" forgoing any future compensation.

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Will be curious if Kliavkoff is going to show up in court.

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That was my thought exactly!

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This Duck agrees with you! And Kliavkoff shouldn't get a cent. The PAC12 fired Larry and got Mo!

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founding

Love this comment!!

Or did we get CURLY???

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A stooge to be sure.

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The argument that the 10 departing schools intended to walk away from revenues (and liabilities) they incurred is not logical. Nor is the argument that their notice of withdrawal became effective immediately. They continued to play in the conference. What they did relinquish was control of the conference, not the monies they earned.

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I disagree. The leavers left for greener pastures, better money, more prestige, FOMO, whatever their own reasons. The value of what is in front of them was presumably, a lot more important than what they left behind. If you were correct, than those schools would have negotiated before terminating their membership by accepting the offers from other conferences. You always are negotiating from weakness once you have broken the deal. It is like bargaining for a bonus at work after already quitting. That wouldn't work, either.

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Brian,

How could there be open negotiations once this started with the 2 LA schools leaving to the Big10 in the night. Then Fox/ESPN provide the poison pill with the guaranteed equal media share for the Big12 to finish off the PAC12. Finally we see Colorado jump with no discussion and Coach Prime not participating in PAC12 media day.

So now you think the 9 left have to trust that George K has their best interests with this Apple Deal. He couldn't manage the most obvious threat to the conference on his watch keeping USC. Then if you gave him that out he had to keep the other 10 together to save the conference but CU AD George & Coach Prime realized that there are greener pastures going to the Big12 with the guaranteed deal. That would have been irresponsible just like OSU & WSU should not trust George K now despite his job title.

Maybe those 3 (USC/UCLA/CU) should have no rights given their choices. Still the rest looked for the best option they could negotiate so they wouldn't be left like OSU & WSU have been. There is a fair answer here but to suggest that the 7 schools left had an obligation to be transparent and negotiate after the 3 jumped is totally disingenuous.

I trust the judge will do the right thing for all parties.

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Nov 14, 2023·edited Nov 14, 2023

I think you nailed it....the two LA schools left without negotiating their departure and then they were denied membership from that time. It was voted on by the remaining members and approved. That sets the precedent for any future leavers, of which there were another 8. This is how a judge will view this. What is in the contract and how have departures been treated in the past. Precedence is very important in tort law. In fact, it is the entire basis of tort law and why previous cases are always cited. If you ever took law classes, other than court procedure, that is the entire gig, prepping from previous case law and preparing arguments based on precedence. I think your argument that it is only fair to share all the conference assets equally is quite a good joke. What is fair about the way OSU and WSU were treated and the financial, really existential, position they are left in due to the non-transparent way the other schools bailed, without discussion or negotiation? I think suggesting that this was somehow only "fair" is itself pretty damn disingenuous by you.

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We'll see. I trust the judge is smarter than you.

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Wow....you really are an a-h-le. Never miss a chance at a personal assault

This has nothing to do with "smart". It is about fairness and judgement. Everything I saw in previous court hearings was the judge sees it my way. We will see shortly.

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Great coverage! I’m a 25year season ticket holder at OSU and I’m nervous as hell what will happen over the next 1-3 years. This season is getting very magical and good news today would help with the anxiety of future and get us some clarity. We should meet in the real world. I’m a huge fan of your work.

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How do you eat an elephant?

A: One bite at a time.

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Yes. Big healthy bites of the elephant and keep chewing. OSU is the "Little Engine That Could". I think I can. I think I can. I think I can. I know I can. I know I can. I know I can. I did. I did. I did. I did. Keep chewing Beavers! Build the dam and keep biting the bigger animals. BLEED IT! -rwg aka BeavaBleeda. OSU Dam Wiseguy.

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LOL, I use that phrase often but whale is my mammal.

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I wondered what would Dee Andros be thinking right about now? He would love how they play I believe. Smash it down their throat.

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I loved Dee Andros, but truthfully, he wouldn't understand a single word of this...or believe it.

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Nov 14, 2023Liked by John Canzano

John, thank you for the wonderful summary of the case and today's hearing!

Thank you for getting Matthew Wand to share his opinion.

Thank you for travelling to Colfax to witness the hearing for us.

I do not think the Traitorous Ten have a leg to stand on. I believe the judge will give WSU and OSU administrative and voting control over the Pac, with instruction to WSU and OSU to be fair and not vindictive towards the Ten.

Some of the 2023-2024 millions will eventually go to the Ten. The $400M question is how much?

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I’ll be in position, thanks to all who support and subscribe. Your readership makes my coverage possible.

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They should get what they are owed through 8/1/24 under current Pac-12 rules. And nothing of any revenues earned/distributed past that point. Pretty simple.

They should also pay 1/12 of any judgements from current lawsuits against the conference, should the conference lose. However, several of those lawsuits are specious at best and the Comcast problem has already been resolved by the league withholding monies from this year's media rights distribution.

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And in addition to a fair share of the 2023-24 monies going to the Traitorous Ten, the 10 should lose all decision (voting) ability in regards to the future of the Pac.

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I hope they eat cake and choke on it. The insolence of a child yet unable to ascertain the beating they deserve for their own well being.

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Dude, u have issues

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Thanks for the Dickensian villain speak.

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Nov 14, 2023Liked by John Canzano

Really well-crafted reporting. I hope you write a book about the collapse of the Pac12. I think it would be excellent reading in MBA and law schools. I will buy an advance copy. The amazing character in all of this is Kliavkoff. What are his motivations? And even this month, will draw another paycheck. . . really amazing when you think about it.

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Thank you Matt. Appreciate you being here.

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Pulitzer Prize reporting in my estimation, and I’m guessing I’m not the only one either!

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Nov 14, 2023Liked by John Canzano

These hearings are a warning shot across the ACC’s and Big Ten’s bow: they need to review their own bylaws to protect themselves from these new added members doing the same thing to them in 2, 3, 4 years. As John repeatedly states, realignment is not over. The PAC is not the last conference these departing schools will damage in their pursuit of money over student athlete welfare.

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author

Feels like there will be another major shift.

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I hope something is in motion soon after this that finds OSU in the Big 12, or ACC

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Before the decade is out, the TV broadcast and streaming networks will take the top 64 (or so) college football teams and pull them out of all conferences. It will be a complete restructure of college football into a national semi-pro college network, with half a dozen regional conferences all battling for the playoff games in December and January.

Basketball may follow, although I am not certain of that.

The remaining college sports conferences will focus on the "Olympic" sports and move back to regional alliances. (IMO)

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Nov 14, 2023·edited Nov 14, 2023

I'm thinking along your lines, but I'm thinking they'll whittle it down to 30 or so. Two conferences, Big 10/SEC. They'll get rid of the Maryland's, Iowa's, Vanderbilt's, Indiana's, etc. The media company's will pay less. Eventually people will see what it's all about, football that's played at lower level than the CFL, XFL, USFL, the remaining teams will be like Single A baseball. Regionalism will be gone, parity will set in, and eventually fans will see it for what it is, inferior football. The teams that were abandoned will re-form their regional conferences and in some way their old rivalries and fans will be enthusiastic that the model from years past will be back. For example, the fans supporting Indiana University will be able to travel by car and watch their team play Illinois. Pretty far fetched? But did you think 20 years ago that things would be like they are today??

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The numbers 40. Mark my words. No way the Big 10 will drop Maryland with the greater DC/ Baltimore market just like they won't drop Rutgers for the greater NY market. We will see if they kick put the lesser players but remember outside of the Media deals there is no revenue sharing in the CFB and teams like tOSU. Michigan. & PSU need teams that will lose. It is working out for them all having 100k+ stadiums that sell out at highticket prices, parking, donation requirements, and have high paying Stadium sponsors. None of that money is shared with the lesser schools.

Ultimately 20 in the SEC & 20 in the Big 10 and nobody gets kicked out of the conference.

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Edward:

True to a point. And that point is that the TV broadcast and streaming companies are calling the shots this decade.

They will dictate the colleges and divisions by the end of this decade.

The schools that do not want to play according to what the TV gods want will be told to find somewhere else to play.

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Yes and the B10/SEC lessers (like the Mississippi & Indiana Schools, Northwestern & Vanderbilt, etc) will have no problem complying and do what's required so they won't get kicked out. From my memory the last time a school got kicked out of a conference was Temple in the Big East years ago. The rest when they left was for greener pastures.

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If my schools are not in, why do I pay to watch? I don't

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That sounds dandy, but who determines the 64? And those 64 then have more dollars to cover the expenses for the other sports....

Not sure how that goes

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Easy answer to your question...

Who determines anything about the future of Big Time college football?

The TV broadcast and streaming companies do. They have the money. They will call the shots. The schools that do not want to play according to what the TV gods want will be told to find somewhere else to play.

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They don't have money if we cut the cord and decline to pay.

I'm not, unless my teams play. ESPN has lost 30M subs in a decade....from 90s to 60 sum Million now. Its still falling.

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Chris, do you really see the common fans sitting in their living rooms taking the time to "cut the cord" anytime soon? It is turning into "bread and circuses."

I doubt the common fans watching football on weekends even know what is happening with the Pac-12 right now. They just do not care. Just give them games to watch.

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Yes.

1/3 of subs in less than a decade

More to come.

I am not paying for someone else's school

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You're right about everything you wrote with one exception: there is no such thing as "student-athlete" any longer, Ken. They're all athletes today...for better or worse.

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Rich, are you just talking Big Time football and basketball?

Remember there are LOTS of college student-athletes that do not get the big NIL payments. There are LOTS of college student-athletes that do not even get scholarships. They play for the love of the game.

It is a two (or three) tiered system. Not all athletes in colleges are equal.

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Greg, yes, I was primarily referring to FBS football. Even in that arena, there are some athletes not getting NIL payments, but most do. And you're right - there are a ton of student-athletes in the sports outside of football and basketball that get next to nothing. I was generalizing and referring to the "suits" and their greed destroying amateur athletics in college football in order to line their own pockets.

You are 100% correct.

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It’s appalling. Men’s Warehouse wins again! Wait for it!

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Nov 14, 2023·edited Nov 14, 2023Liked by John Canzano

The richest of the rich grubbing for more money so they can pay their football coach $10,000,000 a year like the other money grubbers in their new conferences ….And then fire them in two years, pay them $70,000,000 more in severance and hire a new hotshot for another $12,000,000. Broken and disgusting.

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I saw just wander into the stands pick someone randomly and give em the job for $29 an hour and see how they do

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Nov 14, 2023Liked by John Canzano

I continue to wonder how the respective Presidents (and possibly AD's) at the departing schools will be treated by their Boards of Trustees if OSU and WSU soundly prevail. If this were a corporate situation a CEO would likely be fired for the sloppiness of not even bothering to follow the proper by-laws related to something with such large economic implications. We all know the differences between academia and the corporate world but protocol and process and following the rules are pretty basic. Undoubtedly, all the respective Boards were involved in the decisions to depart but they still need to rely on their management teams to execute the departures properly.

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author

Those boards operate with little accountability. They’ll get back to their golf games…

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Nov 14, 2023·edited Nov 14, 2023

They knew what they were doing. Now they are just trying to mitigate the cost of it. It’s all about the Benjamins. If the 10 schools truly cared about all the "student" athletes this would not have happened.

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When greed takes over, only stupid and non logical things happen and in the end, those 10 made their bed, now they can live in it, along with G K with nothing to do with the assets of the PAC. WSU AND OSU go forward in establishing a NEW PAC CONFERENCE with good teams and some will wish they had never left.

May God be with the Judge today and he does what is right, WSU And OSU ARE THE WINNERS!!

As they should be.

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It's a little simplistic to lionize the operation of "the corporate world", as if the merit of CEO's is always fairly and impartially judged on performance, with the competent rewarded and the failures duly cast out on their ears. There've been countless instances of failed corporate CEO's getting their 8 to 10 figure golden parachutes after driving a company into the dirt. The buddy system is also entrenched in the corporate world where board members are selected by friends and recycled around various boardrooms. Sometimes CEO's get fired for incompetence and misdeeds only years after they've taken place and the damage has been done to investors, employees, customers and vendors. The Ex-CEO of Wells Fargo comes readily to mind, but he's E Pluribus Unum.

The above isn't in defense of malfeasance that can exist in the administration of academia, but the corporate sector is no pure meritocracy or model of perfect natural selection and survival of the fittest.

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Nov 14, 2023Liked by John Canzano

I am in the middle of binge watching the television show Suits. The Cougs and Beavs don’t need Harvey Specter yet, but I hope they have him on standby just in case. Go Cougs!

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Or they could go straight to Ray Donovan for help!

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Better call Saul.

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I’m fine with a resolution that excludes all the deserters from a Penney or a pound. Let them eat cake and wear Larry Scott lapel pins to their own funerals.

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Nov 14, 2023Liked by John Canzano

I hope Wand is right about how it all turns out. I do think the 2 remaining schools need to be very careful about how the spoils are managed and distributed. Any hint of using the money as vendetta could open the door to litigation. The last thing these colleges should want is giving more of their resources to lawyers or to GK.

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There will definitely be an appeal. And UW has already asked the state Supreme Court to intervene. But today is a big step.

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If the earned revenue is split equitably, along with the liabilities, then I think the departing schools will drop any appeal, if it comes to that. They aren't interested in controlling the destiny of the PAC2. The question then is whether UW/OSU are going to allow the departing schools to keep the money they generated. They would be on the losing end of that argument, especially by prolonging the litigation.

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The conference generated the money, that's one of the points of the by laws and law suit. Split the money that's paid out this year prior to July, definitely. Split any money generated by the conference after July? Not a chance, you left the conference. That's an easy one and pretty standard with every single conference in the country.

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correction- WSU not UW

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It's too bad the fans have not banded together as a group and entered the case as interested parties with skin in the game.

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The big money is on the move towards the Beavs. I’m maxed out. Lol

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Nov 14, 2023·edited Nov 14, 2023Liked by John Canzano

Die Hard: Due to the departing 10's legacy of greed around the conference, they are about to be taught a lesson in the real use of power. You will be witnesses.

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I can only hope so. I hope Larry Scott rots. This deserves a full and Un merciful Punishment financially to the deserters. It should be a root canal with no anesthetic whatsoever.

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Nov 14, 2023Liked by John Canzano

Thanks for this clear-cut explanation. I hope it is spot-on.

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Thank you Emily.

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Nov 14, 2023Liked by John Canzano

The Big ten has rules. If a bill is past, restricting all teams for playing WSU and or OSU then that is that. Remember the Big Ten is huge in Football, Wrestling,, Volleyball, and basketball is solid as well. Ask the Ducks what ticket prices will be for next years season?

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Nov 14, 2023Liked by John Canzano

Great insight!! Can’t wait to hear more on this

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Wow. That's some dope analysis. Thanks for letting us in, JC.

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author

Thanks man.

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