Mountain West’s Motion to Dismiss Pac-12 Lawsuit Over Poaching Fees Denied

The messy breakup between the Pac-12 and the Mountain West will continue after the Pac-12 scored a major win in federal court Tuesday.

A federal judge denied the Mountain West’s motion to dismiss a lawsuit brought by the Pac-12 last fall alleging it shouldn’t have to pay $55 million worth in fees after poaching five Mountain West schools.

The lawsuit will continue, unless the two conferences can reach a settlement—which is highly likely.

The Pac-12 said it was “pleased” with the ruling in a statement shared with Front Office Sports. “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.” 

The Mountain West said in a statement to FOS that the “ruling makes no judgment about the ultimate merits of the Pac-12’s claims,” adding, “the Mountain West remains confident in its position and looks forward to vigorously defending the matter.”

The legal battle began in December 2023 after the Pac-12 lost all but two of its members in a seismic wave of conference realignment. To stay alive, the Pac-12 struck a football scheduling deal with the Mountain West to allow the Pac-12’s two schools, Oregon State and Washington State, to have a 2024 football schedule. 

But the contract included a stipulation: If the Pac-12 wanted to rebuild—and poached Mountain West schools to do so—it would owe hefty eight-figure “poaching fees” to the Mountain West. 

In the fall of 2024, shortly after the two conferences implemented the scheduling agreement, the Pac-12 said it would add four Mountain West schools in 2026: Boise State, Fresno State, San Diego State, and Colorado State. (It then announced it would add a fifth in Utah State.) 

The Pac-12 then sued the Mountain West in the Northern District of California, alleging the poaching fees in the contract were illegal in an attempt to avoid paying them. After taking five schools, the Pac-12 would owe the Mountain West $55 million.

The leagues entered into mediation talks in May, but announced in August that they were unable to reach a resolution. The case restarted with a motion-to-dismiss hearing on Sept. 9. After Tuesday’s ruling, it appears the lawsuit will continue.

Meanwhile, the Mountain West is also embroiled in litigation against some of its current (and soon to be former) schools. In August, Boise State, Colorado State, and Utah State sued the Mountain West alleging the league owed them millions of dollars and misled them about the addition of Grand Canyon University.