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Fear not, I expect no less than 12 amicus curiae briefs authored by esteemed legal scholars here at CIS in support of the Big 10 playing this season, any of which may dissuade a judge from dismissing the case on summary judgment.

That’s what I’m saying, it’s vague. The law firm will love the recognition and isn’t concerned this wins since it assuredly isn’t on a contingency fee. No judge will issue some sort of immediate injunction, forcing them to play. The case would take 3-4 years to wind through the court system...

I’m sure there will be a lawsuit, but this seems like a lot of bluster. I don’t see a single legal claim asserted in that demand letter. No mention of breach of contract or anything of the sort. I’m curious what the legal argument will be in the lawsuit. The Big 10 can tie that lawsuit up in...

Well the mere fact we are discussing force majeure implies there is a contract, because it is a contractually derived legal principle. It’s not some statutory or common law remedy. This goes back to the conference electing to cancel the season. If it was done pursuant to a vote set forth in...

You’re wrong on several points. You’re conflating “delay” with excuse to perform altogether. And what other businesses/conferences do absolutely serves as evidence as to whether a force majeure event exists. I don’t think you appreciate just how difficult it is to prevail on a force majeure...

Force majeure is nice in theory but in practice almost never serves as a valid excuse for performance. It’s so narrowly construed and courts are reluctant to dictate anything was truly impossible. I don’t anticipate courts will let a wave of COVID-19 cases result in a force majeure defense...