Federal Judge Allows Pac-12 Lawsuit Against Mountain West To Proceed

A federal judge has allowed the Pac-12 Conference’s lawsuit against the Mountain West Conference over $55 million in “poaching fees” to go forward, according to The Associated Press.

Pac-12 Lawsuit Against Mountain West Conference Continues

U.S. Magistrate Judge Susan Van Keulen of the Northern District of California filed an order denying the Mountain West’s motion to dismiss the case Tuesday. She set an initial case management conference for Nov. 18.

“The Pac-12 Conference is pleased that the U.S. District Court for the Northern District of California denied the Mountain West Conference’s motion to dismiss,” the Pac-12 said in a statement.

“We will move forward with our case. The ruling allows our antitrust and related claims to proceed. We remain confident in our position and focused on advancing academic excellence, athletic achievement, and the tradition that has defined the Pac-12 for more than a century.”

Per the AP, the conferences failed to reach an agreement by a July deadline for mediation, and the Pac-12 requested the hearing on a pending motion to dismiss.

The Pac-12 and a few of its new schools filed lawsuits last year, claiming the poaching clause it agreed to when it signed a scheduling agreement for its football teams for last season was invalid.

The clause required payments to the Mountain West of $10 million for the first team that left, with the amount increasing by $500,000 for every additional team.

Boise State, Fresno State Among Teams Leaving Mountain West

More importantly, that was on top of the $17 million plus exit fees that schools were responsible for as part of another agreement. The Mountain West said in a statement that its lawyers were reviewing the judge’s decision, per the AP.

Boise State, Fresno State, Colorado State, Utah State, and San Diego State are set to leave the Mountain West and join the Pac-12 starting in 2026.

The Pac-12 sued the Mountain West over the $55 million in poaching fees for the addition of those programs.

In addition, Texas State joined the Pac-12 in June, giving the conference the eight-team minimum to be eligible for an automatic bid for the College Football Playoff.

Meanwhile, the Mountain West has added UTEP, Hawaii, and Northern Illinois for football starting in 2026.

According to The Athletic’s Matt Baker and Chris Vannini, the next step in the case would be discovery, a point where “internal communications and other proprietary information” can become public in the case record.

Per Baker and Vannini, lawsuits often reach settlements to avoid discovery. However, Mountain West commissioner Gloria Nevarez told the outlet on Wednesday that her league is ready for it.

“We are fully prepared for and look forward to the discovery phase and the next steps in the process,” she said.

Boise State, Colorado State and Utah State also filed an updated lawsuit against the Mountain West last month, alleging it improperly withheld millions of dollars.