In recent weeks, both West Virginia University (“WVU”) and the Big East Conference (“Big East”) filed competing motions to dismiss in courts in Rhode Island and West Virginia, respectively.  Last week, the West Virginia court denied the Big East’s motion to dismiss allowing WVU’s lawsuit to precede against the Big East.  Similarly, the Rhode Island court denied WVU’s motion to dismiss finding that Rhode Island has jurisdiction over WVU and the Big East’s lawsuit in Rhode Island will not be abated.  WVU requested that the Rhode Island court dismiss the Big East’s lawsuit or abate the lawsuit in accordance with the first-to-file doctrine until suit filed in West Virginia can be heard.  As a result of the rulings, both cases will precede simultaneously.  The lawsuit filed in West Virginia is set for trial on June 25, 2012.  A trial date has not been set for the lawsuit filed in Rhode Island.

For any questions, feel free to contact Christian Dennie at cdennie@bgsfirm.com.