Valparaiso to join MVC

[tribecalledquest]

I want my conference back!

Who are you a fan of?

Just want the Valley to go back to where it was in the 2000s. I liked the Valley because I thought it gave midwestern towns a voice in the elitist realm of college sports.

Yes. Those elitist towns of Tuscaloosa, Alabama and Clemson, SC. The two towns with the two football teams who have dominated the last two years.

[Make MVC Great Again]

Just want the Valley to go back to where it was in the 2000s. I liked the Valley because I thought it gave midwestern towns a voice in the elitist realm of college sports.[/quote]

Yes. Those elitist towns of Tuscaloosa, Alabama and Clemson, SC. The two towns with the two football teams who have dominated the last two years.[/quote]

Don't know if you realize but the decisions for the NCAA are made in big cities.

Also those schools are backed by a prominent television networks in yet again, big cities.

[tribecalledquest]

Just want the Valley to go back to where it was in the 2000s. I liked the Valley because I thought it gave midwestern towns a voice in the elitist realm of college sports.

Yes. Those elitist towns of Tuscaloosa, Alabama and Clemson, SC. The two towns with the two football teams who have dominated the last two years.[/quote]

Don't know if you realize but the decisions for the NCAA are made in big cities.

Also those schools are backed by a prominent television networks in yet again, big cities.[/quote]

Well...much of the decisions in the entire world are made in big cities. Is this new to you?

[Make MVC Great Again]

Not a fan of big cities. Which is why I like the towns in the Valley.

Hard explaining things to a brute like you.

[MVCfans]

Horizon League Sues Valapariso University And Missouri Valley Conference Over Realignment

A lawsuit filed on June 27 in Evansville, Ind., claims that Valparaiso University breached its contract with the Horizon League when it failed to provide one-year notice of its intent to leave the conference and thus has incurred $500,000 in agreed-upon liquidated damages. It further claims that the Missouri Valley Conference (MVC), Valpo's new home, induced (and tortuously interfered with) the school to breach that contract and move conferences.

https://www.forbes.com/sites/jasonbelze ... alignment/

[AndShock]

Horizon League Sues Valapariso University And Missouri Valley Conference Over Realignment

A lawsuit filed on June 27 in Evansville, Ind., claims that Valparaiso University breached its contract with the Horizon League when it failed to provide one-year notice of its intent to leave the conference and thus has incurred $500,000 in agreed-upon liquidated damages. It further claims that the Missouri Valley Conference (MVC), Valpo's new home, induced (and tortuously interfered with) the school to breach that contract and move conferences.

https://www.forbes.com/sites/jasonbelze ... alignment/

Sounds like Valpo doesn't really have a case. I don't quite understand why the MVC is being brought into it though.

[goramblers2011]

Horizon League Sues Valapariso University And Missouri Valley Conference Over Realignment

A lawsuit filed on June 27 in Evansville, Ind., claims that Valparaiso University breached its contract with the Horizon League when it failed to provide one-year notice of its intent to leave the conference and thus has incurred $500,000 in agreed-upon liquidated damages. It further claims that the Missouri Valley Conference (MVC), Valpo's new home, induced (and tortuously interfered with) the school to breach that contract and move conferences.

https://www.forbes.com/sites/jasonbelze ... alignment/

Sounds like Valpo doesn't really have a case. I don't quite understand why the MVC is being brought into it though.

I think the theory is that is a third party (MVC) is aware of a contract between two parties (Valpo and Horizon) and knowingly interferes with or induces one party to breach that contact, it can be liable as well.

[uniftw]

I think the theory is that is a third party (MVC) is aware of a contract between two parties (Valpo and Horizon) and knowingly interferes with or induces one party to breach that contact, it can be liable as well.

The irony is strong because like two weeks later the HL induced IUPUI to break it's contract with the Summit League.

The HL has said they want to go to 14, which is going to require inducing more teams to breach their contract with their conferences.

They may win this one, but they are setting a precedent against themselves in this one - meaning they will lose in the future because of it.

Valpo's argument is interesting. Was language put in the new buyout that retroactively held existing members to the new buyout? If not, they have a chance.

[Pathfinder]

I think the theory is that is a third party (MVC) is aware of a contract between two parties (Valpo and Horizon) and knowingly interferes with or induces one party to breach that contact, it can be liable as well.

The irony is strong because like two weeks later the HL induced IUPUI to break it's contract with the Summit League.

The HL has said they want to go to 14, which is going to require inducing more teams to breach their contract with their conferences.

They may win this one, but they are setting a precedent against themselves in this one - meaning they will lose in the future because of it.

Valpo's argument is interesting. Was language put in the new buyout that retroactively held existing members to the new buyout? If not, they have a chance.

Not necessarily. The Horizon's complaint says that their bylaws require either 1 year's notice, or payment of the fee. Did the Summit have a 1 year notification period? And if they did, did it also provide that a party could exit without a year's notice on paying of the exit fee? Apparently IUPUI paid its exit fee with no fuss. So if either of those is true, the Horizon didn't induce IUPUI to break its contract with the Summit.

As for the "retroactive" argument, the legal norm would be that Valpo lost any objection to that by continuing to remain in the league on a year to year basis for 4 years after that change was made. Their might also be a waiver argument based on Valpo recommending and voting for the change.

To know if someone is in breach, you actually have to read the contracts and see if the parties complied with the terms of the contract.

[VU2014]

This is a better article that offers more clarity into the dispute. Horizon League broke their own bylaws by not entering the mandatory arbitration process.

http://www.nwitimes.com/sports/college/ ... f1b7f.html

“There is a true legal dispute here,” Niemi said. “Valpo wants to compromise and never wanted anything litigated. We are surprised and disappointed that the Horizon League has been unwilling to compromise and we had deep regret that they chose litigation over the mandatory arbitration as mandated (in the bylaws).”

The sticking point between the two parties revolves around a document that was signed by then-VU President Alan Harre and then-Horizon League Board Chair and Milwaukee President Carlos Santiago on May 15, 2006.

The document outlines membership conditions for Valparaiso to join the Horizon League and also serves as an initial five-year commitment between both parties that expired July 1, 2012. The document includes a rolling table of liquidated damages that would be paid if Valparaiso were to leave the conference prior to the end of the five-year period. The financial penalties range from a $500,000 charge had Valparaiso left the league prior to the end of the 2007-08 season and depreciated each year to $50,000 had Valparaiso left the league prior to the end of the 2011-12 season.

With the five-year contract expiring July 1, 2012, league bylaws state that, “membership in the League shall be deemed automatically renewed for successive one-year terms.”

While Valparaiso continued to operate in the Horizon League until this year, it did so under the series of one-year terms.

Side Note: It's absolutely pathetic that the Horizon League is suing the MVC... There is many reasons why Valpo wanted to leave the HL and this is just one example. The Horizon League has a lot of bitter feelings losing both their 2 premier programs (Butler/Valpo) within 2 years on top of losing Loyola as well.

This whole thing smacks of pettiness & desperateness from the Horizon League.