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  1. Poptimus

    A-State to sue Miami if payment not made for cancelled game

    I believe Shakespeare said it best in Henry VI when he wrote, "The first thing we do, let's kill all the lawyers". And I'm a lawyer.
  2. Poptimus

    A-State to sue Miami if payment not made for cancelled game

    Unreal. One of their named partners is a graduate of UM Law going after The University of Miami on behalf of Ark St. Haven't seen this type of treachery since Maria Elena Perez, who has since been disciplined by the Florida Bar for her actions in the Nevin Shapiro case.
  3. Poptimus

    A-State to sue Miami if payment not made for cancelled game

    Where did you see this? I checked the docket and it doesn't show that anyone appeared on their behalf yet. I'm curious who they hire.
  4. Poptimus

    A-State to sue Miami if payment not made for cancelled game

    So the plot thickens. Now that's a complaint: well-written, coherent, thoughtful. You know, unlike the contract itself or Ark St's complaint. Fun fact: one of the two attorneys who signed the pleading on behalf of the University of Miami graduated law school from FSU. We can only hope he...
  5. Poptimus

    A-State to sue Miami if payment not made for cancelled game

    Agreed. Back when Randy Shannon sued UM in 2012 it took just over two months for both sides to settle. I get the feeling UM is now out for blood. It was a slap in the face to suggest this game should have been played given the hurricane. We'll probably never know what truly happens, both...
  6. Poptimus

    A-State to sue Miami if payment not made for cancelled game

    I did some digging into these clowns behind the lawsuit. Apparently, the Ark St General Counsel office is comprised of just four people, only three of whom actually are licensed attorneys (https://www.asusystem.edu/staff/general-counsel/). You will note that two of those individuals' names are...
  7. Poptimus

    A-State to sue Miami if payment not made for cancelled game

    It's not up to Miami. If Ark St wants to fight this to trial (which they said in the link @calinative umstudent provided) then it goes to trial. There is no obligation for any case to settle. Clearly, Ark St is merely blustering, of course that is what they are going to say, but remember that...
  8. Poptimus

    A-State to sue Miami if payment not made for cancelled game

    I don't know what you're implying, but I do this for a living and if someone at my company drafted a contract such as this they'd be fired. Miami is stuck litigating in Arkansas state court or in federal court in Arkansas. I highly doubt any of the staff counsel are licensed there, so this is...
  9. Poptimus

    A-State to sue Miami if payment not made for cancelled game

    I tend to think this hit the legal department and that's who negotiated this and struck out the Governing Law provision, among others. I'd be very surprised if any contracts are negotiated by the athletic department alone. I'm serious, heads should roll over this. The lawyers in UM's legal...
  10. Poptimus

    A-State to sue Miami if payment not made for cancelled game

    Yes, Miami will likely move to have the case heard in federal court, not dismiss on grounds of federal jurisdiction alone. And they'll likely do that before entertaining any of the grounds that they will assuredly use to dismiss the case rather than employ a shotgun approach of sorts. As to...
  11. Poptimus

    A-State to sue Miami if payment not made for cancelled game

    I agree with what @TheOriginalCane and some other posters whose replies I read (I admittedly did not read all 9 pages of this thread, so forgive me if I'm repeating anything). There is no breach by UM and thus there are no liquidated damages which Ark St. is entitled to, by virtue of the Force...
  12. Poptimus

    A-State to sue Miami if payment not made for cancelled game

    A cursory glance at this contract reveals a few things that I'm curious if @TheOriginalCane agrees with. For starters, it's surprisingly barren. Upon clicking the link you provided, I was expecting a 15 page document replete with schedules/exhibits. This contract looks like something I'd...
  13. Poptimus

    A-State to sue Miami if payment not made for cancelled game

    I'm a lawyer that works in contract law/negotiation/interpretation. Don't have time to read 9 pages of posts, but saw there is a discussion surrounding the force majeure language, which is appropriate. There are other questions such as venue, governing law, etc. I don't envision the...
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