Judge denies FSU's motion to dismiss ACC's lawsuit in North Carolina

The first proceedings of Florida State's countersuit against the ACC will take place on April 9 in Leon County.

FSU President Richard McCullough delivers the State of the University address on Wednesday, Nov. 30, / Chasity Maynard/Tallahassee Democrat /

In the latest development in the ACC v. FSU case, Mecklenburg County Judge Louis A. Bledsoe III has denied the University’s motion to dismiss the Conference’s lawsuit.

But Judge Bledsoe III did issue a win for Florida State as he granted the FSU Board’s Motion to Dismiss regarding the ACC’s claim that the University breached its fiduciary duties to the Conference.

The ACC released a statement regarding Thursday’s ruling, saying they were “pleased” with the decision from the Mecklenburg County judge.

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“We are pleased with today’s decision, which confirms North Carolina courts are the proper place to enforce the ACC’s agreements and bylaws,” said the ACC. “We remain committed to acting in the best interests of the league’s members and will see this process through to protect and advance the ACC.”

Florida State’s Board of Trustees issued a response of their own, saying they expected the ruling, but were “disappointed” in the decision. The Board once again took a shot at the Conference for its “gross mishandling” of the league members’ media rights.

“Although it’s highly unusual for a court to dismiss a lawsuit at this initial stage, we are disappointed in the court’s decision not to dismiss the North Carolina lawsuit,” said FSU in a statement. "At the same time, we appreciate the ruling today that Florida State could not have breached any supposed fiduciary duties to the ACC by seeking legal relief from the Conference’s gross mishandling of member school media rights. We will continue to aggressively advocate for the University, for FSU athletics, and for the sovereignty of the State of Florida as these cases proceed.”

Overall, this means the case will proceed on the ACC’s home turf in North Carolina. However, FSU’s competing suit filed could be held at the same time should Leon County Judge John C. Cooper deny the ACC’s counter motion to dismiss as well.

Should this very-possible scenario play out, there could be a “race to judgment.” The case that is decided first would set the precedent for the other case, and possibly the competing lawsuits between Clemson and the ACC as well.

This does not mean a Florida judge or a North Carolina judge will attempt to come to a verdict as quickly as possible in order to benefit the plaintiff, but it is something to keep in mind.

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