O’Melveny Adding Boise State University as Additional Plaintiff in Lawsuit Against Mountain West Conference
December 18, 2024
FOR IMMEDIATE RELEASE
LOS ANGELES—December 18, 2024—O’Melveny is filing an amended complaint in Colorado state court in a lawsuit against the Mountain West Conference, adding Boise State University as an additional plaintiff alongside Colorado State University and Utah State University.
“The Conference is threatening to withhold tens of millions of dollars due to these universities— including millions due to Boise State for earning the third seed and a first round bye in this season’s College Football Playoff—and refusing to reimburse them for postseason football costs, leaving little choice but to seek judicial relief,” said O’Melveny partner Steve Olson, co-chair of the firm’s Litigation Department.
The lawsuit was initially filed on December 16 in response to the Conference’s extraordinary and illicit efforts to penalize Colorado State and Utah State—as well as Boise State University, Fresno State University, and San Diego State University—for the five members’ announced intent to leave the Mountain West and join the Pac-12 Conference in 2026, following the conclusion of their media rights deal.
Since learning of the intended future departures, the Mountain West and its Commissioner, Gloria Nevarez, have willfully disregarded Conference bylaws and governance procedures, freezing the five schools out of board meetings and operating secretly to violate their rights as members. And the Conference and its Commissioner have now threatened to withhold tens of millions of dollars, including this season’s College Football Playoff revenues and post-season travel cost reimbursement.
In numerous secret meetings, the Conference and its Commissioner have entered into side agreements promising the remaining seven members millions of dollars earned by and owed to the five departing members. Despite the five members’ multiple requests and objections, the Conference has continued to exclude them from participating in board meetings and refused to turn over board minutes and other corporate records in violation of Colorado law.
“The college athletics landscape is changing rapidly and dynamically, bringing new and exciting opportunities for student-athletes. Our clients are proud of their contributions to the Mountain West Conference over the years, but they have been left with no choice but to take legal action to protect the rights and interests of their institutions, student-athletes, and fans,” said O’Melveny litigation partner Matt Cowan.
In addition to Olson and Cowan, the O’Melveny team representing Boise State University, Colorado State University, and Utah State University also includes litigation partner Tim Heafner.
O’Melveny has extensive experience in collegiate conference realignment matters and has previously advised Stanford University and UCLA on their recent conference moves.
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Contact:
Brandon Jacobsen
O’Melveny & Myers LLP
+1 213 430 8024
bjacobsen@omm.com
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