11-13-2023, 09:51 AM
(11-12-2023, 11:46 PM)triangle2 Wrote:(11-12-2023, 10:56 PM)Mick Wrote: Plaintiffs and defendants agreed to enter mediation in early October. Big hearing on Tuesday. Wilner lays it out as follows:
Scenario 1: Settlement vs. mediation. Compromise would be 10 outbound schools relinquish their board votes, WSU and OSU get to control the future of the conference. WSU and OSU agree to distribute most of the 2023-24 revenue ($25 mms. to $30 mms. per school). 50% likelihood.
Scenario 2: Case concludes Tuesday. Since case is filed in Washington, UWash opposes the request for preliminary injunction granting board control to WSU and OSU. Judge already ruled in favor of WSU and OSU re: the TRO that brought board business to a halt. If no settlement, Judge Libey is expected to rule on preliminary injunction request. WSU has home court advantage. Likelihood of conclusion Tuesday: 0.1%.
Scenario 3: Loser appeals to Washington Supreme Court in Olympia. Turns a road game into a neutral court. Presiding judge likely to have UW ties. Appeal could take months.
Pac-12 lawsuit: WSU, OSU and scenarios for Nov. 14 hearing (mercurynews.com)
Would an appeal really go directly to the Washington Supreme Court? I mean, losers could petition for review, but it seems to me that the case goes to Division III of the Court of Appeals with a request for expedited review. (See RCW 2.06.030.) Even if a party asks, the Washington Supreme Court can say no.
On the other hand, if the WA Supreme Court thought that these were "fundamental and urgent issues of broad public import requiring prompt and ultimate determination," they could make an appeal happen on a shortened timeline.
I think with the priority of football and the two signature universities in the state of Washington at each other's throats, with a deadline rapidly approaching, I suspect your latter paragraph will mean that it goes to the WASC.
And yes, Judge Libey who issued the original TRO was a WSU alum...
Audaces fortuna iuvat
