But the emails of every member school in the Big 12 (except Baylor) are already 100% public record.
Any email at all that was sent by any person at any of the state schools is already available, all you have to do is ask.
One email was asked for do you remember the email where Texas said they had a "Tech problem?"
Imagine how many more damaging emails are out there for UT?
It is not just email you could get Dodds on the witness stand. If he won't do it pleading the fifth, would Scott the Pac commissioner?He would help CU (and utlimately NU in the process) since CU is coming to the Pac and the Pac has a vested interest now in CU's financial health. Plus Scott is probably pissed at UT for gettting played.
It is possible they could subpoena Dodd and force him to testify as well.
Another issue that comes into play was the infamous ultimatum. I don't think other schools besides Mizzou, NU and maybe CU were issued the ultimatum. Courts look unfavorably upon thoses types of actions. I am sure the Big XII will say they issued everyone the same ultimatum but it will come out in court that they did not really do that.
Think about it this way: Nebraska was told if they did not commit to the Big XII that Texas was taking half the conference to the Pac. Who told Nebraska that Dan Beebe? Why was he not threatening Texas the same way he was threatening Nebraska? Sure makes Beebe look like he was essentially working for Texas.
So Nebraska had to either offer a guarantee they would not leave (which is unethical and nothing they legally had to do, but Texas er I mean the Big XII wanted them to do it.) This is sort of a breach of contract because Nebraska had done nothing wrong, yet they were being forced to do something "or else"
So Nebraska, fearing Texas would leave because NU could not make any guarantees (nor should they or any school have to) took the Bevo by the horn and bolted for the Big Ten.
This is by far not just a simple "read the contract" case it is far more complicated and the Big XII messed up big time if you ask me which is why NU and CU have a real case here.