So, as everyone knows there are two pending appeals in NC in the ACC v. FSU suit. ONE of the many issues is about sovereign immunity. This is the principle that the state/agencies can't be sued unless they allow it. Most states do allow it at some level.

There are two related issues. One is about being sued AT ALL or for how much. In Florida, the state has waived sovereign immunity by statute for torts, but it's limited. A tort case can only get $200,000 per person no matter the actual losses. If the judgment is for more, the person has to seek a bill from the legislature to pay it (this is not common anymore). And the Florida Supreme Court has ruled that it's totally waived for contracts.

The other issue is WHERE they can be sued. This is the issue here. FSU is saying that Florida or its agencies can't be pulled into state court in NC.

Early on, I thought these were bad issues. The FSU arguments were very weak and based on statutes that did not even apply. However, they have pivoted and started to rely on a pretty recent US Supreme Court case called Franchise Tax Bd. of Cal. v. Hyatt. It's an important case because it was only decided in 2019 and before that the rule was the opposite. In other words, many of us who missed Hyatt being decided (few lawyers will ever deal with this issue) still thought the old law applied. Since this case has been cited, I think it is a LOT more likely that FSU gets the case in NC dismissed.

Today, 12 other state AGs said they want to file a brief in the NC Supreme Court in FSU's favor ON THIS SINGLE ISSUE. It's a good sign, but not really that meaningful legally. Don't fall for the "even the SEC states are in our favor" posts

There may be a silver lining in an unlikely cloud hanging over the darkened world of collegiate athletics, one that could provide much-needed guardrails on athlete compensation and the transfer portal.

Florida State athletics director Michael Alford dropped the news bomb during the recent Town Hall meeting when he said the House-NCAA settlement, which requires athletic departments to share upwards of $20.5 million of revenue with its athletes as a result of the NCAA vs House Settlement, “is really going to clean up where we've been in this wild west atmosphere we've had the last few years, and I think for the betterment of the student-athlete as well.”

Interesting. How can sharing $20.5 million of revenue with the athletes be a good thing for an athletic department?

House settlement will address the following:
- Establish real market value for athletes to put guardrail cap on NIL payments
- Third party entity (perhaps Deloitte) will run the market analysis and enforce it, not the NCAA
- Penalties could include loss of eligibility, reduction of the $20.5 mill university can share with athletes
- Contract between the athlete and the school for revenue share/NIL with a term of the contract, 1, 2, 3, 4 years with a buyout if the athlete chooses to transfer.

Will this new path face future legal challenges? Experts believe it will but in our estimation, and that of Michael Alford, its a step in the right direction out of the Wild West.


Could the House Settlement help clean up the Wild West?

After a three-game homestand, the Florida State men's basketball team is back on the road this weekend.

The Seminoles (4-1) are kicking off Feast Week with a pair of games in the Naismith Basketball Hall of Fame Tip-Off at the Mohegan Sun Casino in Uncasville, Conn. The first of those two games will be played Friday at 5 p.m. (ESPN+) vs. Temple (3-1).

FSU is looking to improve to 5-1 for the first time since the 2021-22 season while the Owls are looking to bounce back from a loss their last time out vs. Boston College last Friday. The Seminoles are favored by 4.5 points over the Owls according to the Hard Rock Sportsbook and lead the all-time series vs. Temple 3-1, most recently facing the Owls in the 2016 NIT Tip-Off.

POSSIBLE STARTING LINEUP FOR FLORIDA STATE
F #1 Jamir Watkins (18.2 ppg and 5.4 rpg; Season-high 30 points in win over Rice)
F #10 Tay Bol Bowen (8.8 ppg and 5.4 rpg; Career-high 17 points in win over Northern Kentucky)
C #12 Malique Ewin (8.0 ppg and 4.6 rpg; Career-high 13 points in win over Hofstra)
G #0 Chandler Jackson (6.8 ppg and 2.8 rpg; Career-high 4 steals in win over Northern Kentucky)
G #3 Bostyn Holt (4.2 ppg and 2.2 apg; Season-high 4 assists in win over Tarleton State)

POSSIBLE STARTING LINEUP FOR TEMPLE
F #24 Jamal Mashburn (23.5 ppg and 2.5 rpg: 23 pts and 4 asts against Boston College, Nov. 15, 2024)
G #2 Steve Settle III (12.3 ppg and 2.8 apg; 15 pts and 8 rebs against Boston College; Nov. 15 2024)
G #1 Zion Stanford (10.8 ppg and 2.8 rpg;23 pts and 2 rebs against Drexel, Nov. 12, 2024)
G #11 Babatunde Durodola (7.8 ppg and 6.0 rpg; 7 pts and 9 rebs against Drexel, Nov. 12, 2024
G #00 Quante Barry (4.8 ppg and 5.0 rpg; 5 pts and 8 rebs against Drexel, Nov. 12, 2024)

I'll have remote updates from home once the game gets underway. Follow along below.

On Friday's edition of the Osceola's Seminole Sidelines, Patrick Burnham, Charles Fishbein and Nick Carlisle discuss the surprise commitment of four-star QB Kevin Sperry. What do we see after watching Sperry's film? We also discuss more news and notes on 2025 prospects ahead of the Dec. 4 early signing day.

Thanks to Seminole Sidelines' sponsors: Alumni Hall and Mowrey Law Firm.

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