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Friday, October 10
 
Miami remains a defendant

Associated Press

HARTFORD, Conn. -- The Atlantic Coast Conference was dropped as a defendant Friday in a lawsuit by Big East schools over ACC expansion, but the legal battle appears far from over.

The ruling by Superior Court Samuel Sferrazza leaves the University of Miami as the lone defendant in a suit filed by four Big East schools accusing it of conspiring with the ACC to weaken the Big East.

"This lawsuit should never have been in court in the first place, in Connecticut or in any other state," ACC attorney D. Erik Albright said in a statement. "Conference expansion and institutional realignment is not a new concept, is not a creation of the ACC, and is not a one-sided proposition as implied by the plaintiffs in this case."

Miami and Virginia Tech, which are perennial powerhouses in football, are leaving the Big East after this academic year to join the ACC. The suit was filed by four football schools -- Connecticut, Rutgers, Pittsburgh and West Virginia.

Originally, Big East members Boston College and Syracuse were under consideration by the ACC, but the league chose Miami and Virginia Tech to expand the league to 11 schools. ACC school officials recently disputed rumors that Boston College could still be a possible 12th member, the number required to hold a conference football title game. A title game would bring in millions of dollars in extra television revenue.

The expansion has prompted the Big East to look elsewhere to rebuild its ranks. While Big East officials won't confirm their intention, earlier reports indicate the conference is in talks with Conference USA members, including Cincinnati and Louisville.

The judge ruled the North Carolina-based ACC did not have enough business dealings in Connecticut to warrant being sued in the state. The plaintiffs had used the ACC's relationship with Bristol-based ESPN as part of their argument to sue the conference. But the judge ruled that connection was "so tenuous and so peripheral to the activity of the ACC that the court holds that the plaintiffs have failed to prove that the ACC is or has been `doing business' in Connecticut."

Connecticut Attorney General Richard Blumenthal said the Big East schools will pursue their case against the ACC in another court, through appeals or by suing individual ACC schools.

"The ACC is by no means absolved," Blumenthal said. "If all else fails, the ACC can be sued, and we believe successfully sued in North Carolina. They can't deny jurisdiction there. The ACC can run but it's cannot hide."

The suing Big East schools contend they have spent millions on their football programs based on presumed loyalty from schools they had been aligned with. UConn, for example, recently built a $90 million football stadium in anticipation of joining the Big East next year. The schools are seeking unspecified monetary damages. Blumenthal said the schools have no intention of dropping the fight.

"There is rock, solid unity behind continuing this action, even more vigorous than before," Blumenthal said. "Our determination should send a very powerful message to any school that may be lured away -- including BC."

The judge did determine that Miami, as a member of the Big East, shares in revenues from games and other events that take place at Connecticut and is eligible to be sued under the state's "long-arm" statute.

"We are not surprised that the Connecticut court chose not to grant our motion to dismiss the case for lack of jurisdiction," said a statement issued by the University of Miami. "We continue to believe the case is without merit."

Last month, Sferrazza heard arguments from both the ACC and Miami, which claimed the Connecticut court did have jurisdiction to hear the lawsuit.

Albright, the ACC's attorney, said all parties should move on and put the matter behind them.

"Competition between the ACC and Big East schools should be on the playing field rather than in the courtroom," Albright said.




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