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Mountain West says departing members are ‘inconsistent and unjust’ in battle over exit fees
Mountain West Conference Orlando Ramirez-Imagn Images

Boise State, Colorado State, Fresno State, San Diego State and Utah State are all leaving the Mountain West for the Pac-12 next summer. 

Boise State, Colorado State and Utah State are suing the MWC over exit fees, a standard process in conference realignment. The Pac-12 is also suing the MWC over a poaching penalty that was included in a scheduling agreement between the two conferences. 

On Thursday, O’Melveny & Myers put out a press release announcing that the law firm is representing the Broncos, Rams and Aggies in their move to the Pac-12. O’Melveny & Myers is considered one of the best law firms in the United States. 

The Pac-12 and MWC began a mediation process in May that expired in July without a resolution. The two sides will head back to court in September for a motion to dismiss hearing. 

The MWC, which is seeking more than $150 million in exit fees and poaching penalties, released a statement on Thursday defending its legal position. 

“The Mountain West and the departing institutions engaged in an additional mediation session earlier this month that did not result in resolution,” the MWC said in a statement. “This litigation centers on the obligation of these institutions to pay the exit fees clearly defined in the Mountain West Conference bylaws — policies they not only helped develop and adopt, but also sought to enforce against San Diego State in the summer of 2023. It is, therefore, inconsistent and unjust for these same institutions to now attempt to evade their responsibilities. In fact, the departing schools have agreed to similar exit fee provisions as part of their membership in the Pac-12. 

“The Mountain West is prepared to respond to whatever assertions may be included in the Second Amended Complaint. We remain confident in our legal position, which we will vigorously defend.”

The MWC’s statement did not mention the $55 million in poaching penalties the conference is seeking from the Pac-12. 

The Pac-12 believes the poaching penalties are illegal and invalid. 

“The Pac-12 remains committed to moving forward with legal action in response to the Mountain West’s attempt to impose so-called ‘poaching penalties,’ provisions we believe are unlawful and intended to obstruct our ability to act in the best interests of our student-athletes and member institutions,” the conference said in a statement last month. “We are confident in the strength of our position.” 

In December 2023, the MWC and remaining Pac-12 members Oregon State and Washington State agreed to a scheduling partnership for the 2024 football season that included an option for 2025. The Pac-12 had lost 10 of its 12 members to the ACC, Big Ten and Big 12, leaving behind the Beavers and Cougars.

The MWC announced last September that the scheduling agreement would not be renewed. One week later, Boise State, Colorado State, Fresno State and San Diego State all agreed to join the Pac-12, followed by Utah State, Gonzaga and Texas State. 


This article first appeared on Boise State Broncos on SI and was syndicated with permission.

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