Marshall has sued Conference USA in its latest attempt to leave the conference by July 1, 2022.
The lawsuit, which was first reported on by the Huntington Herald-Dispatch, comes in response to Conference USA filing a demand for arbitration late last week. The suit argues that Marshall is not subject to C-USA’s arbitration bylaw and that it has sovereign immunity as an arm of the state of West Virginia as a public school.
Marshall, Southern Miss and Old Dominion have already declared their intent to leave the league this summer, stating that C-USA refused to negotiate an exit earlier than the 14 months required by the league’s bylaws.
C-USA responded to that statement by demanding this go to arbitration, in which a third-party arbitrator makes a ruling and could provide immediate injunctive relief, such as requiring Marshall to remain in the league. Outside lawyers who have spoken to The Athletic believe such an injunction is unlikely, but added that local courts are even more likely to side with the schools, especially since they are public universities.
The arbitration demand was filed in Dallas, while Marshall’s lawsuit was filed in the Cabell County Circuit Court in West Virginia. Essentially, Marshall wants the ruling on its home turf, so the school took it to court.
Tuesday was the deadline for Marshall to provide available dates for an arbitration hearing to the American Arbitration Association.
Marshall’s lawsuit cites four counts. The first count argues Marshall has sovereign immunity as a public school. The second count states that the arbitration bylaw did not exist when Marshall joined the league in 2003 and that it never signed on to it. The third count argues that the arbitration clause only applies to current, former, suspended or expelled members and not “withdrawing members.” The final count is a request for injunctive relief to stall C-USA’s arbitration demand and that Marshall will suffer “actual, imminent, immediate and irreparable harm” without it.
“For more than two months, Marshall University has attempted to reach a resolution with Conference USA regarding our decision not to participate in the league after this academic year; however, no progress has been made,” the athletic department said in a statement. “The action we brought yesterday is the beginning of litigation intended to protect our rights, help us reach an agreement in a timely manner and clear the way for our shift in conference affiliation. We look forward to a successful resolution of this matter and a bright future with the Sun Belt Conference.”
Conference USA declined to comment. The Sun Belt, meanwhile, is still expected to release its 2022 football schedule next week.
(Photo: Frank Jansky / Icon Sportswire via Getty Images)
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