SEC 'Deeply Disappointed' As LSU Moves To Dismiss Lawsuit
TLDR: LSU and Louisiana AG Liz Murrill asked a federal judge Friday to throw out the SEC's lawsuit, and the conference answered that it was 'deeply disappointed,' because the two sides were supposed to be negotiating.
Just when it looked like the SEC and LSU were quietly backing away from each other, the fight is back on. On Friday, LSU and every defendant the SEC named in its federal suit filed a motion to dismiss in the Northern District of Alabama. That list is long: president Wade Rousse, AD Verge Ausberry, Lane Kiffin, all 14 members of the LSU Board of Supervisors and Louisiana Attorney General Liz Murrill. They want the case tossed with prejudice, which would mean the SEC can't come back and refile the same claims later.
In the SEC’s federal filing against LSU, LSU and its named defendants (president, AD, board members and Louisiana AG) filed a motion to dismiss, citing no personal jurisdiction over the defendants and the complaint “fails to state a claim upon which relief can be granted.”
Quick refresher on how the SEC ended up suing one of its founding members. The conference filed suit on September 3 to stop LSU from putting 2 players who had been in NFL training camps, tight end Dae'Quan Wright and defensive tackle Zxavian Harris, on its roster. It amended the complaint on September 8 and set up a presidents' vote on whether to expel LSU. That vote never happened. LSU didn't roster either player, and Kiffin filled out his 105-man roster with 2 injured players instead. The September 10 meeting came and went without an expulsion.
That's the backbone of LSU's argument. The players aren't on the team, the roster is closed and the meeting is over, so there's nothing left for a judge to decide. The filing also argues sovereign immunity protects the state officials, that an Alabama court has no jurisdiction over what happens in Louisiana, and that the SEC doesn't qualify as a protected expressive association. On that last point, LSU's lawyers got a little mean.
In the filing to dismiss today, LSU says that the SEC's "core (and odd) complaint is that the SEC suffers First Amendment harm from being forced to associate with LSU, that alleged harm is self-inflicted."
Calling the SEC's own lawsuit 'odd' in a court filing is a choice. It also lands a real point. If the SEC truly can't stand being associated with LSU, its own bylaws let it kick LSU out, and it hasn't done that. Murrill went further in a statement to Yahoo Sports, calling the suit 'improper and moot' and saying she moved because the SEC had not dropped the case against LSU or her office, even with both sides trying to de-escalate.
The timing is what made this a story. Ross Dellenger reported earlier Friday that lawyers for the SEC and LSU had spent the whole week negotiating toward a resolution that would end the fight.
SEC and LSU legal teams have been in negotiations this week in an attempt to strike a mutual resolution that would end the legal battle, sources tell @YahooSports. A resolution has not yet been reached.
Ross Dellenger@RossDellengerIn the SEC’s federal filing against LSU, LSU and its named defendants (president, AD, board members and Louisiana AG) filed a motion to dismiss, citing no personal jurisdiction over the defendants and the complaint “fails to state a claim upon which relief can be granted.” t.co/jOu1Vhfnjt
So the conference took the dismissal motion as a shot fired in the middle of peace talks. By Friday night the SEC had put out its response: it was deeply disappointed the motion came while the sides were working toward a resolution, and the underlying problems with LSU are still unresolved.
The SEC says in a statement that it is "deeply disappointed" that LSU filed a motion to dismiss the federal suit "amid efforts to reach a resolution." t.co/T6POYs7Iwf
Read that statement closely. The SEC isn't calling this a finished roster dispute. According to ESPN, it says members' concerns about LSU's commitment to conference rules and shared governance are unresolved, and it is preparing its response in court. So the league isn't letting this go just because 2 players never suited up. Adam Rittenberg summed it up: despite a great start on the field, all is not well in the SEC.
Despite an impressive start to the season on the field, all is not well in the SEC.
Next up, the SEC files its response and the lawyers keep talking, if they're still talking at all. The best outcome is a settlement that makes the motion irrelevant. The worst is a judge in Birmingham deciding whether a conference can sue its own member for making it uncomfortable. Either way, a membership vote everybody thought was dead is still hanging over LSU until the SEC formally drops this.
More Stories
Phillip Daniels, Zion Grady Injury Doubtful For Ohio State Vs Illinois
Jackson Gutierrez Makes First Navy Start At UAB
Barstool College Football Show Week 4 Top 10 Collusion Debate
Arkansas AD Hunter Yurachek Backs Silverfield Football Plan
NaQuari Rogers Signs With West Virginia After Injunction
Koby Howard Injury Sidelines Penn State WR Extended Time