But why should TCU have to pay exit fees to a conference they were never an official member of, and to a conference that is materially different than the one they thought they were joining.
Remember, Pittsburgh and Syra announced their withdrawal from BE after TCU had agreed to join. A BE/BEFC is much different without Pitt and Syra.
If I were TCU, I'd counter sue using those grounds.
Nothing about the status of the conference has changed. Teams switch conferences all of the time. Just like they did with the MWC. If they signed on, I don't see what their argument could be, unless they added a bunch of restrictions based on membership.