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WSU, OSU take control of Pac-12 after momentous court victory vs. UW, other departing schools​

Jon Wilner
Dec. 15, 2023 at 2:30 pm Updated Dec. 15, 2023 at 2:38 pm
Left behind in the realignment game and scrambling to secure their futures, Washington State and Oregon State won a momentous victory in court Friday that gives the Pac-12’s two remaining schools control of the conference’s governing board.

The Washington Supreme Court denied a request by the 10 outgoing schools to review a lower court’s preliminary injunction that has established WSU and OSU as the only members of the board.

“We are pleased with the Washington Supreme Court’s decision today,” Beavers president Jayathi Murthy and Cougars president Kirk Schulz said in a joint statement.

“We look forward to continuing our work of charting a path forward for the conference that is in the best interest of student-athletes and our wider university communities.”

The Supreme Court’s decision lifted a stay on that injunction that had been in place for weeks, thereby clearing the way for the Cougars and Beavers to control the distribution of assets and revenue and determine a plan to handle liabilities.

The court ordered:

“That both motions for discretionary review are denied. Because the motions for discretionary review are denied, it is not necessary to consider whether to retain or transfer the motions pursuant to RAP 4.2. The stay previously imposed by the Commissioner is hereby lifted.”

A lawsuit that began in September, following the collapse of the conference, gained some measure of clarity in November when a Whitman County (Wash.) Superior Court judge ruled in favor of the Cougars and Beavers.

Judge Gary Libey granted a preliminary injunction that declared the two schools the sole members of the board.

But two weeks later, the Washington Supreme Court commissioner in Olympia stayed the injunction. That decision meant the board could only conduct business if all 12 schools agreed.

There have been two recent examples, albeit with different outcomes:

— Several weeks ago, the board unanimously allowed WSU and OSU to enter into a scheduling partnership with the Mountain West for the 2024 football season. The money used to secure the agreement will come from Pac-12 revenue generated after the defendants leave the conference.

— Last week, the Beavers and Cougars prevented the conference from making its traditional mid-year revenue distribution to the campuses. The distribution would have amounted to $5 million per school, but OSU and WSU rejected the move based on financial concerns.

Specifically, the two schools wanted full agreement on a plan to handle the future liabilities expected from court cases against the Pac-12 and the NCAA.

This story will be updated.

Jon Wilner: jwilner@bayareanewsgroup.com; on Twitter: @wilnerhotline. Jon Wilner has been covering college sports for decades and is an AP top-25 football and basketball voter as well as a Heisman Trophy voter. He was named Beat Writer of the Year in 2013 by the Football Writers Association of America for his coverage of the Pac-12, won first place for feature writing in 2016 in the Associated Press Sports Editors writing contest and is a five-time APSE honoree.
 
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Congrats to the Cougs and Beavers not to mention the lawyers who won the case for them.
Go Cougs
That gentleman who did most the work out of Portland area is probably looking down the barrel of a nice promotion or job offers.
 
- In time to help recruiting.
- In time to let us hold a lot of disbursements.
- In time to permit us to finalize the Vegas bowl arrangement.

We got some good cards. Now the question is how well we will play the rest of this hand.
 
It’s an incredible turn of events. We’ll likely merge with MWC under the P12 name. I think that’s a pretty big deal.
The ruling is great news, but that seemed likely no matter how these court cases went, barring something insane like the other schools being able to obtain control and dissolving the conference. I'm not all that excited about the prospect of becoming a 14-team Mountain West with Pac-12 branding. Could be a lot worse, yes, but exciting? Well, not to me.

More interesting is the financial aspect. There, too, this is outstanding news, but I really doubt WSU and Oregon State are going to have a massive windfall. There is wood to chop regarding interpretation of the bylaws, the possibility of amending them, and related matters, possibly with more litigation, but I suspect it will net out to being "fair" to the departing schools when it comes to paying them for their shares of media money they earned while still in the conference, and probably their shares of other stuff like shares from postseason tournaments and games, and I suspect there are a lot of liabilities lurking in the conference that will eat up a lot of whatever money remains, with most of the other assets like the Pac-12 Network and its tangible assets, etc. not worth much at all.

Still great news and a hell of a lot better than the alternative. Good day.
 
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There’s one thing that bugs me in all this. We got this ruling in Washington, but the PAC-12 has members in 5 other states, and is headquartered in California. What if USC files UW’s suit in California and gets a different ruling?

I haven’t found anywhere that stated what jurisdiction disputes would be settled in, but it’s hard to imagine that wasn’t designated. Also hard to imagine that the WA schools would have agreed to (or even been allowed to agree to) being subject to another state’s courts.

Maybe there was no designation, but it seems like something that could immediately complicate this. If the other schools file in their own jurisdictions and any of them get a different outcome…what happens? My bigger concern is California, since that’s where the conference is headquartered.
 
In that scenario, cherry pick the MW and retain the P12 name..... do we remain a renewed P5, or is it....uh....G5?

Have to at least take the top 9 MWC teams, as if cherry pick MWC, that will cost a fortune in Cherry picking penalty fee's.

The top 9 MWC colleges can vote to dissolve the MWC, and join the PAC and leave the bottom 3 MWC teams behind, and there would be no penalties, and there are no rules, nothing Gloria can say, do to stop it, if the top 9 MWC colleges decide to dissolve the conference, join the PAC, leave the bottom 3 MWC teams behind.

Then either Stanford, Cal join PAC, if FSU, Clemson, North Carolina, Miami leave ACC.

Or WSU, OSU, PAC 12 join, merge with ACC.

Or if no one leaves ACC, then PAC adds Memphis, USF, Tulane, Vandy, etc, and is the PAC 16.

Taking ALL the MWC teams under the PAC brand, an or joining MWC under MWC brand is the ULTIMATE LAST RESORT, NO OTHER CHOICE option.
 
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There’s one thing that bugs me in all this. We got this ruling in Washington, but the PAC-12 has members in 5 other states, and is headquartered in California. What if USC files UW’s suit in California and gets a different ruling?

I haven’t found anywhere that stated what jurisdiction disputes would be settled in, but it’s hard to imagine that wasn’t designated. Also hard to imagine that the WA schools would have agreed to (or even been allowed to agree to) being subject to another state’s courts.

Maybe there was no designation, but it seems like something that could immediately complicate this. If the other schools file in their own jurisdictions and any of them get a different outcome…what happens? My bigger concern is California, since that’s where the conference is headquartered.

I imagine they could But this would be a really bad look.
 
There’s one thing that bugs me in all this. We got this ruling in Washington, but the PAC-12 has members in 5 other states, and is headquartered in California. What if USC files UW’s suit in California and gets a different ruling?

I haven’t found anywhere that stated what jurisdiction disputes would be settled in, but it’s hard to imagine that wasn’t designated. Also hard to imagine that the WA schools would have agreed to (or even been allowed to agree to) being subject to another state’s courts.

Maybe there was no designation, but it seems like something that could immediately complicate this. If the other schools file in their own jurisdictions and any of them get a different outcome…what happens? My bigger concern is California, since that’s where the conference is headquartered.

Doubt that California would overturn WA courts, and even if they unlikely did, it would likely be successfully appealed to the higher appeals court, fed appeals court, USA Supreme Court, etc.

Only about a 2% to 4% to 6% chance that it gets appealed to California courts and then California courts overturn WA courts.

I'll believe it if I see it.

It's not happening.
 
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The ruling is great news, but that seemed likely no matter how these court cases went, barring something insane like the other schools being able to obtain control and dissolving the conference. I'm not all that excited about the prospect of becoming a 14-team Mountain West with Pac-12 branding. Could be a lot worse, yes, but exciting? Well, not to me.

More interesting is the financial aspect. There, too, this is outstanding news, but I really doubt WSU and Oregon State are going to have a massive windfall. There is wood to chop regarding interpretation of the bylaws, the possibility of amending them, and related matters, possibly with more litigation, but I suspect it will net out to being "fair" to the departing schools when it comes to paying them for their shares of media money they earned while still in the conference, and probably their shares of other stuff like shares from postseason tournaments and games, and I suspect there are a lot of liabilities lurking in the conference that will eat up a lot of whatever money remains, with most of the other assets like the Pac-12 Network and its tangible assets, etc. not worth much at all.

Still great news and a hell of a lot better than the alternative. Good day.
Once a pathway from Two-PAC to New Pack is cleared with a slot in the 12 team bracket for the conference champion and a competitive conference TV package, P-12 Presidents have much to gain with a private negotiated settlement.
 
Once a pathway from Two-PAC to New Pack is cleared with a slot in the 12 team bracket for the conference champion and a competitive conference TV package, P-12 Presidents have much to gain with a private negotiated settlement.
And why would we negotiate a settlement? We appear to hold all the cards now. First order of business is to get rid of bastard Quackkoff.

And as far as the Mtn West is concerned, how many times do we have to go through this? They are an all or none deal. No cherrypicking.

And to Mik's endless lusting for USF, Memphis and now Vanderbilt, NO NO and NO. Why would you think any of them would be interested in us, and F the idea of some coast to coast conference.
 
The ruling is great news, but that seemed likely no matter how these court cases went, barring something insane like the other schools being able to obtain control and dissolving the conference. I'm not all that excited about the prospect of becoming a 14-team Mountain West with Pac-12 branding. Could be a lot worse, yes, but exciting? Well, not to me.

(Oregon State here) Congratulations on the big win today! While I don't like seeing OSU and WSU in this conference realignment disaster, the Cougars have been a great allie for the Beavers.

I agree with 425cougfan: WSU and OSU simply joining the Mountain West Conf. relegates the Cougars and Beavers to G5 status. We're Power 5 (4), and we need to fight to keep that status. That means no reverse merger.

Let's fire Kliavkoff (sp?) A.S.A.P.

Thank the Beavers and Ducks for helping to send Texas Tech to Pullman next year. Not that anyone likes the Ducks, of course.

Texas Tech announces 2024 football schedule change
 
Great news, feel like we all got a Christmas present 10 days early.

And I agree with our Beaver brother Dave here. Let’s not be in a hurry to do some reverse merger here. First of all the MWC is not splitting up, and they have done both WSU and OSU a big favor by working us into their schedule next year, they have been our friends in all this. If we they turn around and try to cherry pick their teams we are no better than the teams that bailed on us. It is not how friends treat friends.

A lot is going to happen in college football over the next 2 years, and It buys us time, our objective should be to remain a power 5 team. Not sure how it’s possible yet, but if 4 teams leave the ACC, and the SEC and Big add more blue bloods, there will be power 5 teams looking for a new home, just like WSU and OSU The greedy blue bloods will only split the pie so many times. I have no idea what will happen, but what happened in realignment in the past 12 months is just the beginning.
 
Great news, feel like we all got a Christmas present 10 days early.

And I agree with our Beaver brother Dave here. Let’s not be in a hurry to do some reverse merger here. First of all the MWC is not splitting up, and they have done both WSU and OSU a big favor by working us into their schedule next year, they have been our friends in all this. If we they turn around and try to cherry pick their teams we are no better than the teams that bailed on us. It is not how friends treat friends.

A lot is going to happen in college football over the next 2 years, and It buys us time, our objective should be to remain a power 5 team. Not sure how it’s possible yet, but if 4 teams leave the ACC, and the SEC and Big add more blue bloods, there will be power 5 teams looking for a new home, just like WSU and OSU The greedy blue bloods will only split the pie so many times. I have no idea what will happen, but what happened in realignment in the past 12 months is just the beginning.

This is business. Not friends. The Mtn West is going to be cherry picked. There are no other teams to pick.

The only reason the Mtn West hasnt been cherry picked already is their contract. When it ends, WSU and OSU are likely passing the misfortune on to someone else.
 
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The ruling is great news, but that seemed likely no matter how these court cases went, barring something insane like the other schools being able to obtain control and dissolving the conference. I'm not all that excited about the prospect of becoming a 14-team Mountain West with Pac-12 branding. Could be a lot worse, yes, but exciting? Well, not to me.

More interesting is the financial aspect. There, too, this is outstanding news, but I really doubt WSU and Oregon State are going to have a massive windfall. There is wood to chop regarding interpretation of the bylaws, the possibility of amending them, and related matters, possibly with more litigation, but I suspect it will net out to being "fair" to the departing schools when it comes to paying them for their shares of media money they earned while still in the conference, and probably their shares of other stuff like shares from postseason tournaments and games, and I suspect there are a lot of liabilities lurking in the conference that will eat up a lot of whatever money remains, with most of the other assets like the Pac-12 Network and its tangible assets, etc. not worth much at all.

Still great news and a hell of a lot better than the alternative. Good day.
We have total control
 
This is business. Not friends. The Mtn West is going to be cherry picked. There are no other teams to pick.

The only reason the Mtn West hasnt been cherry picked already is their contract. When it ends, WSU and OSU are likely passing the misfortune on to someone else.
Well that is another story, when the contract is up it is open season. Just don't want the Pac 2 to waste buyout money on teams.
 
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And why would we negotiate a settlement? We appear to hold all the cards now. First order of business is to get rid of bastard Quackkoff.

And as far as the Mtn West is concerned, how many times do we have to go through this? They are an all or none deal. No cherrypicking.

And to Mik's endless lusting for USF, Memphis and now Vanderbilt, NO NO and NO. Why would you think any of them would be interested in us, and F the idea of some coast to coast conference.
I don’t think the MWC merger is a forgone conclusion. While it was nice of them to play ball with us and it also benefits them, there are other options that I think will present themselves that will likely be more attractive.

Considering this outcome, I think it all the more likely something happens with the B12 and ACC. The B12 will not be viable in the greater landscape w the Big10 and SEC and they know it. The ACC moved closer to implosion with the decision to screw FSU. The PAC12 is still a great brand with a rich history and great markets in a geography where population centers are booming. I still think a super conference with P2/ACC/B12 and divisional geographic alignment is a real possibility, and will be a way better solution than a MWC merger.
 
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This is business. Not friends. The Mtn West is going to be cherry picked. There are no other teams to pick.

The only reason the Mtn West hasnt been cherry picked already is their contract. When it ends, WSU and OSU are likely passing the misfortune on to someone else.

I understand, get the sentiment behind not cherry picking MWC, not adding Tulane, Memphis, USF, not joining or merging with ACC, if FSU and company leave ACC, etc, because of not wanting to travel, cherry picking may not look, feel good.

But this is about 3 things.

1. MONEY, which can make more money

2. BOWLS, which makes MONEY

3. NY6, 12 Team CFP access, which MAKES MORE MONEY.

MONEY, BOWLS, NY6, 12 team CFP access, is the LIFEBLOOD, of WSU that keeps WSU ALIVE.

It funds recruiting, it funds ALL the different sports, Athletic Dept, it funds SCHOLARSHIPS, it helps Academics, it markets WSU, etc.

When WSU got LEFT BEHIND, it got HARMED, by being left behind.

Now there are 2 choices. CONTINUE TO BE LEFT BEHIND, HURT, HARMED, ETC, BY DOING THINGS LIKE NOT CHERRY PICKING, etc.

Or

WSU can cherry pick the BEST from MWC, AAC, ACC if it falls apart, and not be LEFT BEHIND, and MAKE MORE MONEY, GET MORE AND BETTER BOWLS, MORE AND BETTER NY6 AND 12 TEAM CFP ACCESS, and BE, SURVIVE as a HYBRID G5/P4,P5 conference team.

If do it the way some here desire, then the POTATO BOWL, LESS MONEY, LESS 12 team CFP access.

The MTN West teams that remain, get left behind, can either join the AAC, Sun Belt, C-USA, FCS, or they can keep the MWC brand, and raid teams from AAC, Sun Belt, C-USA, FCS, etc.

As to whether WSU can cherry pick MWC. Gloria can speak for MWC, say all she wants that all or none go.

BUT if BSU, SDSU, Fresno St, UNLV, Airforce, Utah St, CSU, Wyoming, San Jose St or New Mexico St(The TOP 9 BEST MWC programs), decide to vote to Dissolve the MWC, and then join the PAC with no penalty to PAC, leaving the 3 worst programs behind, THERE IS NOTHING GLORIA, CAN SAY, DO TO STOP THEM, IF THAT HAPPENS.

And it would be real easy to sell them on doing that because by:

You ask each of the top 9 BEST programs: Do you want LESS MONEY OR MORE MONEY. If you do not as part of the top 9 vote to dissolve MWC, leave the 3 worst behind, join PAC, then you will get LESS MONEY, THE POTATO BOWL, almost no 12 team CFP access.

But if you as top 9 dissolve MWC, leave 3 worst behind, then join PAC you get 13 to 15 to 17 million per team instead of 6 to 8 to 10 million per team, the Alamo bowl, Holiday Bowl, Vegas Bowl, and access to either Rose Bowl or Cotton Bowl or Fiesta Bowl or Peach Bowl, instead of the POTATO BOWL

The top 9 are not going to turn that down, vote no to dissolve the MWC, follow Gloria, etc.

And with the 150 mil to 300 mil PAC money they can either pay the penalty and cherry pick MWC, or can wait until the no cherry pick contract expires and cherry pick MWC.

Then after take the top 9 BEST, dissolve MWC, or after cherry pick MWC:

Then get Tulane, Memphis, USF.

Then when ACC falls apart, either take the ACC left overs into PAC or merge PAC with ACC, with 12 teams in WESTERN division, and 12 teams in Eastern Division, WITH NO TRAVEL PROBLEMS

After when do that, PAC becomes a HYBRID G5, P4,P5 that gets 16 to 18 to 20 million per team, Alamo Bowl, Holiday Bowl, Sun Bowl, Vegas Bowl, Rose Bowl, Cotton Bowl, Fiesta Bowl, Peach Bowl, Orange Bowl, Better 12 team CFP access, MORE MONEY, etc.

As BIGGS said THIS IS BUSINESS.
 
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(Oregon State here) Congratulations on the big win today! While I don't like seeing OSU and WSU in this conference realignment disaster, the Cougars have been a great allie for the Beavers.

I agree with 425cougfan: WSU and OSU simply joining the Mountain West Conf. relegates the Cougars and Beavers to G5 status. We're Power 5 (4), and we need to fight to keep that status. That means no reverse merger.

Let's fire Kliavkoff (sp?) A.S.A.P.

Thank the Beavers and Ducks for helping to send Texas Tech to Pullman next year. Not that anyone likes the Ducks, of course.

Texas Tech announces 2024 football schedule change
Well query me this Dave. Who are we going to grab to maintain Power 5 status? Even if the ACC sort of implodes, they have 14 teams (plus ND as a non FB affiliate). That goes to 17 next season. So even if Clemson, FSU and Miami leave, they will have 14. Still Power 5. Big 12 just added 4 G5 schools. Still Power 5. Mik wants us go clear across the country to add 3 G5 schools.
 

"It is unclear what immediate steps OSU and WSU will take now that the departing 10 universities have seemingly exhausted their legal remedies."

Obviously the first step is a new commissioner. So who? I thought there was some chatter about Oliver Luck not too long ago...
 
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"It is unclear what immediate steps OSU and WSU will take now that the departing 10 universities have seemingly exhausted their legal remedies."

Obviously the first step is a new commissioner. So who? I thought there was some chatter about Oliver Luck not too long ago...
I would think that since George is still on the payroll put him to work on whatever you can put together on a one year media package. My understanding is that WSU retains the rights to their home games in the MWC/Pac2 scheduling alliance. Obviously the Texas Tech game has some value. The other 5 not so much. An example is the SJSU @ UNLV game this year. FS1, FS2, and CBS Sports did not pick that one up to televise. They didn't see the value in it at the time they contracted. You may run into the same issue with the 4 MWC schools on the schedule for next year. There is less than a year to get something lined up and they need to get on it quickly.

As soon as the basketball scheduling alliance is out then you need to market that media package as well.
 
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