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College Football Playoff: Sports attorney says FSU has a 'fighting chance' for possible lawsuit

Florida State head coach Mike Norvell participates during the Atlantic Coast Conference NCAA college football media days Wednesday, July 26, 2023, in Charlotte, N.C. (AP Photo/Erik Verduzco)
Erik Verduzco/AP
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AP
Florida State head coach Mike Norvell participates during the Atlantic Coast Conference NCAA college football media days Wednesday, July 26, 2023, in Charlotte, N.C. (AP Photo/Erik Verduzco)

NCAA lawyer says the move might’ve hurt FSU’s pockets and that means the school could sue for lost compensation

Shortly after Florida State secured the Atlantic Coast Conference title, there were cheers. That joyfulness was short-lived as less than 24 hours later, the Seminoles learned that despite staying undefeated and winning the conference title with their 3rd string quarterback, they would not get to play for a College Football National Championship.

The blowback against the College Football Playoff selection committee’s decision was swift, and has so far been unrelenting with Florida Governor Ron DeSantis among the latest people to pitch the idea of a lawsuit. The Governor is proposing a $114 billion budget for the next fiscal year. Of that he wants to earmark $1 million for building FSU’s case.

“We’re setting aside a million dollars for any litigation expenses that may become as a result of this really, really, poor decision by the college football playoffs," DeSantis said on Tuesday while discussing next year’s state budget.

But is the talk of a lawsuit just hot air?
It’s a given that people lose every day and that nothing is really guaranteed, no matter how hard someone works for it. So why are so many people so mad about the CFP’s move to the point where they’re considering suing over it?

No. 5 Florida State will be playing against No. 6 Georgia later this month in the Capital One Orange Bowl.
College Football Playoff
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College Football Playoff
No. 5 Florida State will be playing against No. 6 Georgia later this month in the Capital One Orange Bowl.

The University of Michigan, Washington, Texas, and Alabama will begin playing in major televised semifinal games for the College Football National title later this month. As for Florida State, it will face a one loss Georgia team in a lower caliber bowl game later. WFSU spoke with Florida-based sports attorney, Jason Setchen for his input. He says Florida State's game against Georgia might be a key piece in building a solid case.

“Do they have a case? The answer to that would be, potentially, because most lawsuits have to deal with money and monetary losses."

Setchen is a practicing sports attorney in Miami with over 25 years of experience in litigation. He represents athletes from almost every level, including high school and collegiate players. He says FSU may have a fighting chance for a potential lawsuit against the college football playoff selection committee.

“I don’t know exactly what the numbers will look like when everything shakes out, but if Florida State plays in the Orange Bowl and makes a certain sum of money for their involvement in that, and they would have received more money had they played in the college football playoff, and they were wronged by not being able to participate in the football playoff, then they would have a monetary loss that they could seek legal remedy for potentially.”

Florida is standing behind the Noles
Over the last week, Florida State has gained legal support from other government officials like State Republican Senator Corey Simon, who played football at Florida State and retired from the pros. He’s partnering up with U.S. Senator, and former governor, Rick Scott in the fight. Scott sent the playoff committee chairman Boo Corrigan, a three-page letter on Monday expressing his disappointment with the group and its decision to keep FSU out of the playoffs.

In the letter Scott wrote that he demands “total transparency,” from the committee and wants each member to hand over any texts, emails, or notes used as deciding factors against Florida State.

The outrage stems from comments made by Corrigan on ESPN the day after the team won its 16th ACC title without their starting quarterback, Jordan Travis who suffered a severe season-ending leg injury during the last home game.

“As you look at who they are as a team right now, without Jordan Travis, without the offense dynamic that he brings; they are a different team," said Corrigan. "The committee voted Alabama at four and Florida State at five.”

Despite Travis' injury
Head football coach Mike Norvell and the Noles were still able to pick up wins even without their star player. FSU went on to win two more games on the road against the University of Florida (5-7) and its most recent win against No. 16 Louisville (10-3) to secure the ACC championship.

While fans believed their team’s performance would surely get them into the playoffs, the selection committee did not. FSU fell to the 5th spot on the four-team playoff bracket.

Jordan Travis, FSU’s star QB, suffered a severe leg injury during the last home game of the season. Travis’ injury called for reconstructive surgery, as he was forced to sit out for the remainder of the season. But head football coach Mike Norvell and the Noles were still able to pick up wins with their victory in the the ACC title game against Louisville., Dec. 2, 2023 (WFSU/David Mullins)
David Mullins
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WFSU Public Media
Jordan Travis, FSU’s star QB, suffered a severe leg injury during the last home game of the season. But head football coach Mike Norvell and the Noles were still able to pick up wins with their victory in the the ACC title game against Louisville., Dec. 2, 2023 (WFSU/David Mullins)

A lawsuit of this magnitude might be a bit of a stretch
While FSU has not publicly stated if it will seek legal action, it did voluntarily agree to take part in the current playoff scheme when it agreed to join the NCAA and the ACC.

According to Setchen, Florida State would more than likely spend more than a million dollars in hiring enough lawyers to compose the massive amount of evidence needed to prove that members on the selection committee did in fact break CFP's rules and guidelines when it comes to who can be in the playoffs. The current 4-team system has been in place since 2014, the year the college football playoffs were first introduced.

Adrian Andrews is a multimedia journalist with WFSU Public Media. He is a Gadsden County native and a first-generation college graduate from Florida A&M University. Adrian is also a military veteran, ending his career as a Florida Army National Guard Non-Comissioned Officer.

Adrian has experience in print writing, digital content creation, documentary, and film production. He has spent the last four years on the staff of several award-winning publications such as The Famuan, Gadsden County News Corp, and Cumulus Media before joining the WFSU news team.