Page "Big 12 Conference" Paragraph 23

On October 28, West Virginia University accepted an invitation to join the Big 12 Conference, effective the 2012 season.

However, because the Big East Conference requires 27 months of notice prior to withdrawal, Big East Commissioner John Marinatto said that West Virginia may not leave before July 1, 2014.

In response, West Virginia filed a lawsuit to declare invalid the withdrawal-notice requirement stipulated in the Big East's bylaws.

The WVU lawsuit alleged that the Big East Conference breached its fiduciary duty by allowing several football-playing members to depart, causing the conference to no longer be a major football conference and jeopardizing the conference's continued existence.

Because of this, West Virginia alleged, its continued performance under the contract had become unreasonably burdensome and that its original purpose in entering into the contract had been eliminated.

Additionally, West Virginia also stated its belief that its notice to withdraw in 2012 was indeed accepted, when the Big East Conference accepted its payment of half the $ 5 million withdrawal penalty.

Marinatto denied the allegations.