In my mind, I don't think they are trying to win, but to force the ACC AND ESPN's hands.My thought is Clemson and FSU will not win this lawsuit. They knew the terms of the agreement and signed on the dotted line. The ACC may change how their money is distributed, however that will require the approval from the other schools.
FSU and Clemson may have the money to leave under the current terms but that would be a financial disaster.
If they create instability, then ESPN may say forget this. We want out. Which they have to make that decision by Feb 2025. They can leave no questions asked. Then all schools will have a leg to stand on because the ACC will hold their media rights with no media deal. Negligence.
Why would ESPN want out? They have the SEC all to themselves. They have the CFP all to themselves. The only ACC schools that really bring $ are Clemson, FSU, and UNC. I don't see the SEC taking Clemson or FSU, but UNC gives them a new state. NC St will most likely be forced to tag along too. The rest aren't worth near $40m a year ESPN pays now. Wake Forest? Boston College?
The B12 takes the basketball schools they want and the rest join a G5 backfilled ACC, who then signs a new media deal for significantly less. ESPN gets essentially the same inventory for less money.
It's all essentially a game of chicken.