Also, the departures created a further imbalance and disparity between the football and non-football playing schools.
With 33 percent of the football schools withdrawing, the complaint says the remaining football schools were subjected to increased governance from non-football schools.
The complaint says that increased disparity rendered WVU's performance in the Big East "commercially impracticable," because non-football schools now had more power to block moves aimed at boosting the football side of the conference.
"The Big East football schools advocated measures to be taken by the Big East and its Commissioner to maintain the level of competition of the Big East football conference," the complaint said.
"The non-football schools repeatedly exerted their newfound level of increased governance at the expense and detriment of the football schools," the complaint said. "The Commissioner did nothing to protect the football-playing schools and in fact took measures to further protect and advance the interest of the non-football playing schools."
These events caused representatives from the University of Louisville, Rutgers University and the University of Cincinnati to begin talks with other conferences, including the ACC, Big 12, Southeastern Conference and Big 10, according to the complaint.
WVU contends all of this is the result of the Big East breaching its contract to protect the financial interests of member schools.
As a result of that breach, they say, all bylaws and agreements made between the conference and university - including the 27-month notice clause - are null and void.
Additionally, since WVU officials told the Big East they were withdrawing from the conference on June 30, the Big East's acceptance of the initial $2.5 million exit fee transfer signaled that the conference was willing to go along with the 27-month waiver.
The lawsuit points out that TCU was not held to that 27-month clause when it announced plans to depart in October.
In a statement late Monday, Marinatto refuted the lawsuit's claims.
"Based on an initial review of the lawsuit, it is clear that the allegations and claims in it are false and inaccurate," he said. "Certainly there is nothing in it that would justify WVU's not fulfilling its obligations. To put it simply, a contract is a contract."
Marinatto said he was disappointed that WVU pursued the lawsuit and "cannot imagine why it believes it does not have to respect and honor the bylaws it agreed to as a member of the Big East."
He said once the conference officials have had time to review WVU's lawsuit, they will explore all legal options and will "act vigorously" to ensure that WVU lives up to all obligations.
He said the lawsuit would not interfere with current efforts underway to strengthen and expand the Big East.
Big East officials are set to meet Tuesday morning to consider inviting additional football schools. Conference officials have said WVU is not expected to participate in that meeting.
WVU officials will hold a reception for Big 12 representatives in Morgantown Tuesday and offer more details on how WVU will be integrated.
Contact writer Jared Hunt at jared.h...@dailymail.com or 304-348-5148.