Is the ACC trying to force a settlement on Maryland well in advance of 2014?
If you look at contract law, the $50-million exit fee in the ACC constitution is clearly a penalty and is likely unenforceable. If that is correct, what is the ACC trying to accomplish with the lawsuit? My guess, since all eleven of the other members joined the suit, is a court ordered settlement that affirms the amount as an accurate estimate of actual damages to the ACC, but allows Maryland to pay a reduced amount in exchange for agreeing with the ACC on the exit clause. That will put all 12 schools on record as affirming the ACC constitution and prevent this from being a future issue if FSU or Clemson wants to leave for the SEC.