ACC EXPANSION Remaining Big East schools will sue BC
Connecticut, Rutgers, Pittsburgh and West Virginia were to file today.
HARTFORD, Conn. (AP) -- Officials from four Big East football schools approved a lawsuit Monday against Boston College, its athletic director and four Atlantic Coast Conference officials, Attorney General Richard Blumenthal said.
The suit, to be filed today in Vernon Superior Court, alleges that the ACC and Boston College conspired to weaken the Big East. Boston College announced Sunday that it would follow the University of Miami and Virginia Tech, which are leaving the Big East to join the ACC.
"We just got off a conference call," Blumenthal said early Monday evening. "All the presidents have authorized this lawsuit."
DeFilippo named
The suit names Boston College athletic director Eugene DeFilippo, a former Youngstown State assistant football coach, ACC Commissioner John Swofford, ACC President Carolyn Callahan, ACC vice president Donn Ward and ACC treasurer Cecil Huey, Blumenthal said.
Connecticut, Rutgers, Pittsburgh and West Virginia already are suing Miami. A judge last week threw out a case against the ACC on jurisdictional grounds.
"I suspect the same will happen to those of us who, by virtue of our rotation, happen to be officers," Ward said, "and I suspect the people of Connecticut want their attorney general to chase far more important issues."
Threw out ACC case
The case against the ACC was thrown out because attorneys could not prove the conference did enough business in Connecticut to warrant a state suit. By suing the conference directors as individuals, Big East schools hope they can get around the jurisdiction issue.
"We are not required to show they are transacting business," Blumenthal said. "If they have violated the law and have damaged Connecticut or its citizens, they can be sued."
Steve Errante, a Connecticut-based lawyer for the ACC, questioned Blumenthal's challenge.
"Why should he be privy to negotiations of other schools?" he asked in an interview with WTIC-TV. "What gives him the right or you the right to say that they should know all the business that's being conducted by other conferences and other schools?"
Miami and Virginia Tech will join the ACC next year. Boston College may not change conferences until 2006.
The suit makes several tort claims, including unfair trade practices, civil conspiracy and breach of contract, Blumenthal said. As in the suit against Miami, the Big East schools seek unspecified damages.
Singled out
The suit singles out DeFilippo for allegedly using his role as a Big East conference director to manipulate discussions between BC, Miami and the ACC, Blumenthal said.
"One of the key reasons that BC and DeFilippo were able to engage in this secret scheme with Miami and the ACC is that they had access to sensitive and confidential information from the Big East and its member schools," Blumenthal said.
He said Boston College's defection strengthened the case.
"The more we learn, the more appalled and astonished we are by the depth and breadth of the illegality," Blumenthal said.
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