Lawsuit Text - Part Two


Posted Jun 6, 2003


Here is the remainder of the lawsuit filed by five Big East conference schools against Miaim, Boston College and the ACC

COUNT TWO
BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING (Against the Defecting School Defendants)

104. Plaintiffs incorporate by reference the allegations contained in paragraphs 1-103 as if they were set forth in full.

105. The Big East Constitution and Bylaws, and related Big East documents, the Regular Season Agreements, the BCS Agreement, the agreements by which Connecticut and Virginia Tech became "full members of the Big East Conference" and other agreements between the members of the Big East contain an implied covenant of good faith and fair dealing.

106. By the actions set forth above, the Defecting School Defendants have acted in bad faith and have breached the implied covenant of good faith and fair dealing existing in the aforementioned documents, with the knowledge that such breaches would harm the Plaintiffs.

107. As a direct and proximate result of Defecting School Defendants' actions, Plaintiffs have suffered and will suffer substantial damages and irreparable harm as aforesaid.

COUNT THREE
PROMISSORY ESTOPPEL

(Against the Defecting School Defendants)

108. Plaintiffs incorporate by reference the allegations contained in paragraphs 1-107 as if they were set forth in full.

109. The Defecting School Defendants made the above-described promises to the other members of the Big East and the Football Conference with the intent to induce those members to act.

110. As set forth above, Plaintiffs reasonably relied on these promises to their detriment.

111. As a direct and proximate result of Defecting School Defendants' actions, Plaintiffs have suffered and will suffer substantial damages and irreparable harm as aforesaid.

COUNT FOUR
EQUITABLE ESTOPPEL

(Against the Defecting School Defendants)

112. Plaintiffs incorporate by reference the allegations contained in paragraphs 1-111 as if they were set forth in full.

113. The Defecting School Defendants knowingly made the above described false representations to the other members of the Big East and the Football Conference.

114. The Defecting School Defendants did so with the intent that the members of the Big East and the Football Conference would act in reliance upon the false representations.

115. As set forth above, Plaintiffs reasonably relied on these false representations to their detriment.

116. As a direct and proximate result of Defecting School Defendants' actions, Plaintiffs have suffered and will continue to suffer substantial damages and irreparable harm as aforesaid.

COUNT FIVE
INDUCING A BREACH OF FIDUCIARY DUTY

(Against the ACC)

117. Plaintiffs incorporate by reference the allegations contained in paragraphs 1-116 as if they were set forth in full.

118. By their actions set forth above, the ACC induced the Defecting School Defendants to breach fiduciary duties owed by Defecting School Defendants to Plaintiffs.

119. The ACC directly benefited and profited from breaches by the Defecting School Defendants.

120. The ACC knows that its actions will substantially damage and irreparably harm Plaintiffs.

121. As a direct and proximate result of the ACC's actions, Plaintiffs have suffered and will suffer substantial damages and irreparable harm as aforesaid.

122. Further, the ACC's conduct toward Plaintiffs has been willful, wanton, malicious and/or oppressive and engaged in with an intent to injure, vex and/or harass Plaintiffs. Accordingly, Plaintiffs are entitled to punitive damages in an amount sufficient to punish and to make an example of the ACC.

COUNT SIX
AIDING AND ABETTING A BREACH OF FIDUCIARY DUTY AND SEIZURE OF A VENTURE OPPORTUNITY

(Against the ACC)

123. Plaintiffs incorporate by reference the allegations contained in paragraphs 1-122 as if they were set forth in full.

124. By their actions set forth above, the ACC aided and abetted the Defecting School Defendants in breaching the fiduciary duties owed by Defecting School Defendants to Plaintiffs.

125. The ACC directly benefited and profited from the breaches.

126. The ACC knows that their actions will substantially damage and irreparably harm Plaintiffs.

127. As a direct and proximate result of the ACC's actions, Plaintiffs have suffered and will suffer substantial damages and irreparable harm as aforesaid.

128. Further, the ACC's conduct toward Plaintiffs has been willful, wanton, malicious and/or oppressive and engaged in with an intent to injure, vex and/or harass Plaintiffs. Accordingly, Plaintiffs are entitled to punitive damages in an amount sufficient to punish and to make an example of the ACC.

COUNT SEVEN
BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING

(Against the ACC)

129. Plaintiffs incorporate by reference the allegations contained in paragraphs 1-128 as if they were set forth in full.

130. The BCS Agreement, and other agreements between the Big East and Plaintiffs, on the one hand, and the ACC, on the other hand, contain an implied covenant of good faith and fair dealing.

131. By the actions set forth above, the ACC has acted in bad faith and has breached the implied covenant of good faith and fair dealing found in those agreements, with the knowledge that such breaches would harm the Plaintiffs.

132. As a direct and proximate result of ACC's actions, Plaintiffs have suffered and will suffer substantial damages and irreparable harm as aforesaid.

COUNT EIGHT
UNFAIR COMPETITION

(By Plaintiff Connecticut Against All Defendants)

133. Plaintiff Connecticut incorporates by reference the allegations contained in paragraphs 1-132 as if they were set forth in full.

134. Through the actions described herein, the ACC and the Defecting School Defendants have engaged in unfair methods of competition and unfair and deceptive acts and practices in the conduct of trade or commerce in violation of the Connecticut Unfair Trade Practices Act, Ct. St. § 42-110a, et seq. 135. The conduct engaged in by the ACC and the Defecting School Defendants, as described herein, is immoral, unethical, oppressive, unscrupulous or substantially injurious to Connecticut and the general public of this State.

136. The unfair and deceptive acts and practices of the ACC include, among other things:

(a) secretly approaching the Defecting School Defendants to induce them to leave the Big East;

(b) engaging in secret negotiations with the Defecting School Defendants;

(c) violating their contractual and fiduciary duties to Plaintiffs and others; and

(d) conspiring with the Defecting School Defendants to gut the Big East so that the ACC could become one of the most powerful members of the BCS at the expense of the remaining members of the Big East, including Plaintiffs.

137. The unfair and deceptive acts and practices of the Defecting School Defendants include, among other things:

(a) engaging in secret negotiations with the ACC to plot their defection from the Big East;

(b) misrepresenting their true intentions regarding their commitment to the Big East;

(c) violating their contractual and fiduciary duties to Plaintiffs and others; and

(d) conspiring with the ACC to gut the Big East so that the ACC could become one of the most powerful members of the BCS at the expense of the remaining members of the Big East, including Plaintiffs.

138. As a direct and proximate result of the unfair and deceptive acts and practices of the ACC and the Defecting School Defendants, Connecticut has suffered and will suffer ascertainable loss and irreparable harm as aforesaid.

139. Pursuant to Conn. Gen. Stat. § 42-110g(a), Connecticut therefore seeks to recover the actual damages it has sustained as a result of the actions of the ACC and the Defecting School Defendants, as well as its attorneys fees pursuant to Conn. Gen. Stat. § 42-110g(d). Connecticut also seeks an appropriate injunction to ameliorate the effects of the conduct of the ACC and the Defecting School Defendants.

140. Further, Plaintiff Connecticut seeks punitive damages pursuant to Conn. Gen. Stat. § 42-110g(a).

COUNT NINE
UNJUST ENRICHMENT

(Against All Defendants)

141. Plaintiffs incorporate by reference the allegations contained in paragraphs 1-140 as if they were set forth in full.

142. The collaborative effort of the Big East members, including Plaintiffs, alleged above, have been of substantial benefit to the entire group. These benefits would not have been created or enjoyed in the absence of such collaborative effort and were intended by the members of the Big East to be shared and enjoyed collectively.

143. By the acts alleged herein, the Defecting School Defendants and the ACC seek to improperly appropriate for themselves the value created by Plaintiffs without offering just compensation for that right.

144. As a proximate result of the foregoing, Plaintiffs are entitled to recover from the Defecting School Defendants and the ACC an amount equal to the value Defendants are expropriating from the Big East.

COUNT TEN
CIVIL CONSPIRACY

(Against All Defendants) 145. Plaintiffs incorporate by reference the allegations contained in paragraphs 1-144 as if they were set forth in full.

146. As set forth above, the Defendants combined and conspired unlawfully, including the commission of numerous overt acts, with the intent of harming the Big East, the Football Conference, and each of the Plaintiffs herein.

147. Each of the actions described above was taken knowingly and intentionally, in furtherance of such conspiracy between and among the defendants.

148. As a direct and proximate result of Defendants' conspiracy, Plaintiffs have suffered and will continue to suffer substantial damages and irreparable harm as aforesaid.

149. Further, Defendants' conduct toward Plaintiffs has been willful, wanton, malicious and/or oppressive and engaged in with an intent to injure, vex and/or harass Plaintiffs. Accordingly, Plaintiffs are entitled to punitive damages in an amount sufficient to punish and to make an example of Defendants.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs respectfully request: (1) That this Court enter judgment in favor of Plaintiffs and against Defendants, jointly and severally, for the damages sustained by Plaintiffs as well as for punitive damages;

(2) That this Court enter an appropriate injunction to ameliorate the effects of Defendants' conduct;

(3) That Plaintiffs be awarded the costs, disbursements and expenses of this suit, together with reasonable attorneys' fees; and

(4) That the Court grant such other and further relief as the Court may deem just and proper. Plaintiffs demand a trial by jury for each and every issue so triable.


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