I couldn't find the article (admittedly a cursory search) so I don't know what it actually said, but three things:
- A Grant of Rights is a legally enforceable contract. I'm not a lawyer, but to get out of a contract you'd have to show fraud or coercion by the other party(ies), or breach by the other party(ies) plus failure to cure after notice of breach from Clemson/FSU to the other party(ies), or that whoever signed on behalf of Clemson and FSU had no authority to bind their respective institutions. Maybe there are some other examples, but these would seem to be the big three in every business agreement I've ever been involved in. As we always used to say in situations when one party (sometimes even ourselves) became unhappy with a contract after it was signed, "a deal's a deal."
- Even IF (and that's a big if) Clemson and FSU prevail, it would take a very broad (almost certainly overly-broad) ruling to apply to all such Grants of Rights by all schools in all conferences thenceforth (I've been waiting awhile to unleash THAT word on Tidefans, lemme tell ya). I can't see that happening or, if it does, surviving appeal; and no judge likes to be overturned on appeal (well, maybe except the 9th Circuit). If they prevail, I'd expect a narrow ruling tailored to the specifics of their case and their case only.
- No one at Clemson or FSU seems to be asking the most important question here, which is, "what's my outcome?" Even if they prevail, what conference in its right mind would admit either of them when they've just shown they don't honor their agreements? For a prospective conference to do so would be akin to someone marrying the person he or she dated while that person was still married: you know what they are, so don't be surprised when they do the same to you...
Point #1 is the big one. I don’t know how they make a claim of either coercion or breach stick. If the court rules in the plaintiffs’ favor, the ACC will instantaneously and rightly appeal. While I’m no attorney I do have experience with enforcement of contracts.
If the ACC’s Grant of Rights is unenforceable simply because two of the 17 parties woke up one day several years after signing and decided they were unhappy, how could any contract on any topic be enforceable?
As you stated, “A deal’s a deal.”
I also note that the contract does provide an agreed-upon price to exit. CU and FSU just don’t want to pay what they both agreed to.
If the trial is in Florida, they might (maybe) win, but I don’t think so. Even if I’m wrong and they do win in Florida, they’ll get dope-slapped on appeal.