Why a West Virginia court case could have an impact on Southern Miss and the Sun Belt
At least one attorney believes the odds of Southern Miss competing in the Sun Belt Conference this year are good.
The University of Southern Mississippi is closely watching a court case in West Virginia that could decide the league that USM will be a member of beginning in July.
A temporary ruling Thursday could hint toward the outcome.
Marshall University filed a lawsuit in Cabell County Circuit Court in West Virginia against Conference USA on Tuesday, following the league filing a demand for arbitration in Dallas.
Conference USA is believed to have also filed an arbitration demand against Old Dominion and USM in order to have a third party rule over the three schools’ attempts to separate from the league on June 30, 2021, as outlined in its bylaws.
Marshall’s lawsuit claims the school did not sign off on the arbiter provision in the bylaws, and that it was added sometime after the school agreed to join the conference. It also claims state sovereignty and immunity to such a filing.
Marshall hopes to avoid arbitration and ultimately leave C-USA without adhering to the notice bylaw that states any member leaving the conference must give a 14-month notice.
What does Thursday’s ruling mean?
The Cabell County Circuit Court granted Marshall a temporary restraining order against the arbitration injunction filed by C-USA. That order is set to expire after March 6, with a follow-up hearing scheduled for March 16.
Mit Winter, a lawyer who specializes in college sports law with Kennyhertz Perry Law firm in Kansas City, said that the ruling could point to a successful trial for Marshall in its hometown court.
“The temporary restraining order prevents Conference USA from moving forward with the arbitration in Dallas,” Winter told the Sun Herald. “The order basically says, ‘Yes, we’ve looked at the merits of the case and we think that Marshall has a good chance of succeeding on the merits,’ meaning that Conference USA will not be able to enforce their arbitration provision against Marshall.”
A victory in the case would mean Marshall could also avoid the 14-month notice as well, Winter said.
But what would a win in court look like? Winter said a preliminary injunction is all it may take for Marshall thanks to the timing of the case.
If the court enters a preliminary injunction, C-USA would be barred from using an arbitrator for the entirety of the case. This would allow Marshall to exit the league without a third party ruling over its fate.
“The fact that the court issued the (temporary restraining order) ... makes it likely that the court will also enter a preliminary injunction preventing C-USA from moving forward with the arbitration,” Winter said. “I think if that happens, the case is basically over at the point.”
If C-USA were to win the case, Winters doesn’t believe the league will be able to get an order from an arbitrator in time if a preliminary injunction were filed.
How would a preliminary injunction impact USM?
If such an injunction were to be filed, the conference would be forced to wait out a trial that could take several months.
“Assuming a preliminary injunction is put in place, throughout the entirety of that case in West Virginia arbitration can’t proceed,” Winters said. “Let’s assume that case in West Virginia would take at least months. I don’t see how it can be done before football season starts. It’s possible, but unlikely.”
Without the ability to arbitrate, it’s possible Conference USA will drop the case, with its hopes of keeping Marshall locked in all but dashed.
If the league fails in West Virginia, it is also likely it avoids court battles in Mississippi and Virginia, as well.
“I think at that point Conference USA would pull back,” Winters said. “It makes no sense if they’ve already lost, in respect to Marshall, that they would expect to get a different result (with) Southern Miss and/or ODU. ... I think if a preliminary injunction does get entered, C-USA might just back down at that point.”
Winters says he doesn’t see C-USA attempting to enforce arbitration on USM or ODU if it can’t do so with Marshall. This would allow USM to continue taking the steps necessary to leave the league this summer.
This story was originally published February 25, 2022 at 1:57 PM.
