Big East Schools Act To Protect The Conference From Irreparable Harm

BLACKSBURG, Va., June 6, 2003 – Big East Schools Act To Protect The Conference From Irreparable Harm Because Miami, Boston College And The ACC Have Placed Individual Economic Self-Interest Before The Public Interest -- Universities File Suit as Last Resort to Protect Academic and Sports Programs Placed in Profound Jeopardy by the Conduct of Miami, Boston College and the ACC

Today five football playing schools of the Big East Conference filed suit in Connecticut State Court to protect the Big East from the irreparable harm caused by the self-serving, secret dealings of the University of Miami, Boston College and the Atlantic Coast Conference. The Big East universities filed their suit as a last resort to protect the academic and athletic programs placed in profound jeopardy because Miami, B.C. and the ACC have put their own economic self-interest before the broader public interests served by the Big East universities. The suit asserts that Miami and Boston College, secretly and in collusion with the ACC and its member schools, violated their legal obligations and fiduciary duties to their partners, the universities of the Big East. Moreover, the suit alleges that Miami and B.C. — while repeatedly reassuring the public that they were firmly committed to the Big East — were at the very same time actively and secretly planning their defection to the ACC. The suit seeks hundreds of millions of dollars in damages and to prevent Miami and Boston College from defecting to the ACC.

The Presidents of the five Big East universities — the University of Connecticut, the University of Pittsburgh, Rutgers University, Virginia Tech, and West Virginia University — issued the following statement: "Our universities have brought this lawsuit with great regret and only as a last resort. Unfortunately the actions of Miami and B.C. — in concert with the ACC — simply left us no choice but to act."

"The question raised by the lawsuit is whether two universities — working in secret collaboration with the ACC — will succeed in making closed-door deals and breaking long-standing promises solely because they are seeking even more money from college athletics," said Jeffrey Mishkin of the law firm of Skadden, Arps, Slate, Meagher, & Flom LLP, lead counsel for the plaintiff universities. "The conduct of Miami, B.C. and the ACC — built on a foundation of furtive dealings, shattered commitments, and violated fiduciary duties — will cause untold damage to the academic and athletic programs of the remaining members of the Big East. That is why the Big East universities had no alternative but to bring this lawsuit."

The key points of the lawsuit include:

The lawsuit details of how the "success and growth of the Big East have stemmed from a shared vision and collaborative effort among its members, including . . . a profound willingness to stick with their partners . . . in even the darkest of times," including the events of "the mid-1990's, when B.C. and Miami faced separate crises that threatened their continued viability as participants in college athletics."

The lawsuit complaint details statements made by Defendants' representatives that they had no intention of defecting from the Big East, including:

The lawsuit seeks damages to compensate the Big East universities for their losses as well as punitive damages to punish Defendants for their behavior. The lawsuit also seeks an injunction to prevent Defendants from reaping the benefits of their unlawful conduct.

For more information, please contact Mark Fabiani or Lisa Cohen at 310.395.2544.