As previously reported, West Virginia University (“WVU”) filed suit against the Big East Conference (“Big East”) in Monongalia County Circuit Court seeking judicial approval for WVU’s exit from the Big East. On Monday, the Big East filed a Motion to Dismiss WVU’s claim by arguing WVU’s has no legal foundation to challenge Big East bylaws and “impossibility, impracticability, frustration of purpose…do not constitute a cause of action.” According to the Big East, WVU has offered no legal framework for why it is excused from the terms of the Big East bylaws and should be allowed to exit the conference prior to July 2014. Further, the Big East calls WVU’s claims “conclusory (and far-fetched) allegation(s)” that do not constitute a cause of action. In the alternative, the Big East argues that the Court should transfer the case to Rhode Island or stay the proceedings until the issues in the Big East lawsuit filed in Rhode Island have been heard and considered.
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