West Virginia University Files Motion to Dismiss the Big East Conference’s Complaint

As previously reported, West Virginia University (“WVU”) filed suit against the Big East Conference (“Big East”) in state court in West Virginia.  Only days later, the Big East returned the favor and filed suit against WVU in state court in Rhode Island.  On November 29, 2011, WVU filed a motion to dismiss in accordance with Rule 12 of the Rhode Island Rules of Civil Procedure seeking the dismissal of the Big East’s lawsuit based on the following grounds: 1) the court does not have jurisdiction over WVU; 2) WVU has sovereign immunity under the laws of West Virginia; 3) WVU filed suit against the Big East first in West Virginia, thus the proper forum is West Virginia; and 4) Rhode Island is an inconvenient forum for WVU.

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