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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous](OP again)

I am responding to the discussion regarding states sovereign immunity because it isan issue that may be raised if FSU decides to leave the ACC and cannot work out a satisfactory settlement with the ACC and ESPN and other relevant parties who have an interest in the matter.

Again, please read:

https://naag.org/attorney-general-journal/state-sovereign-immunity/

As I have written above, the state may waive its sovereign immunity in various ways such as failure to raise this affirmative defense, by legislation, by agreement stipulated in a contract, etc.[/quote]

Read P[i]an-Am Tobacco Corp. v. Department of Corrections[/i], 471 So. 2d 4 (Fla. 1984). There, the Supreme Court unequivocally held that state sovereign immunity does not apply in breach of contract actions, stating, “where the legislature has, by general law, authorized entities of the state to enter into contract or to undertake those activities which, as a matter of practicality, require entering into contract, the legislature has clearly intended that such contracts be valid and binding on both parties.” The court reasoned that to hold otherwise would render legislative authorization for such contracting void and meaningless. The [i]Pan-Am Tobacco[/i] rule has been reaffirmed and applied dozens of times since 1984, most recently by the Florida Supreme Court in [i]American Home Assurance Co. v. National Railroad Passenger Corp.[/i], 908 So. 2d 459, 462 (Fla. 2005).[/quote]

Or the case here from this year from Florida dealing with a Floridt State University:

https://public.fastcase.com/ZZhmr5v9wN%2FXOe5IsQ%2FqDzRezr6rFFTdx7DtuuWe%2BmOYNwrmLM1%2FHrVMvxnaUdB%2Fdep3ur3VchJf6IKl7zFHmg%3D%3D

[/quote]

What is your understanding of the outcome of this case ?

To my understanding after a very quick read, it seems to support Florida International University (FIU, not FSU) regarding sovereign immunity and that sovereign immunity must be waives.[/quote]

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