CHARLOTTE, N.C. — Clemson University’s request to dismiss an Atlantic Coast Conference lawsuit that was filed in response to the South Carolina school challenging the conference bylaws in court was denied Wednesday by a judge.
The case stems from Clemson’s attempt in March to release itself from the ACC’s grant of rights and a potential $140 million exit fee if it were to leave the conference. Clemson sued the ACC in South Carolina to strike down the grant of rights and avoid the exit fee if it were to leave.
The ACC countersued the next day.
Clemson wanted that countersuit thrown out, or at least paused — stayed — but a judge ruled only a North Carolina court can decide interpretation and enforcement of the bylaws.
Clemson disputed jurisdiction in the case and argued that it cannot be sued in North Carolina because it had not waived sovereign immunity. The court disagreed. North Carolina Chief Business Court Judge Louis A. Bledsoe III cited Clemson’s ongoing participation in league meetings and administration of affairs within North Carolina, including competitions, as having waived immunity.