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

    Click on the video and just turn up the volume and listen to the video. That's what people in the Carribean experienced and what we were potentially in for. Yet you're worried about "manning up"? We were in a situation were lives were potentially at stake.
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    A-State to sue Miami if payment not made for cancelled game

    Even though it's a contract dispute and we would argue in Arkansas, Miami can and probably would move it to federal court under diversity grounds. However, I think your last statement is really what this is about. Arkansas lost money and exposure because Miami was coming to town. They want...
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    A-State to sue Miami if payment not made for cancelled game

    Using his logic, Katrina never hit New Orleans. The eye actually hit further east just like Irma's eye came across the Lower Keys and up through Naples.
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    A-State to sue Miami if payment not made for cancelled game

    The fact that "hurricane" wasn't expressly stated isn't a deal killer here. The clause doesn't limit it to those events listed. The way the clause is written it's not an all inclusive list. It appears to allow for other unforeseen events not listed. On the part of "impossible" I agree with...
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    A-State to sue Miami if payment not made for cancelled game

    I typically get an extra shot in my covfefe.
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    A-State to sue Miami if payment not made for cancelled game

    Bad weather isn't Miami's fault either. Arkansas State was also aware that Miami gets hurricanes and it's not the first time a hurricane affects one of our game. They too took a chance here. That's why clauses like this exist and they agreed to it. You give yourself an out or at least a...
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    A-State to sue Miami if payment not made for cancelled game

    The issue isn't whether we made a commitment. We all agree on that. The issue is whether a situation beyond out control made it unfeasible for us to play that game. It's a business, but in the grand scheme of things, it is a "game." Business in South Florida stopped almost a whole week...
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    A-State to sue Miami if payment not made for cancelled game

    On Tuesday when we made the decision to cancel, we were in the cone staring at a cat. 5 hurricane barreling down on us. The hurricane didn't hit Miami but Dade County had hurricane conditions. We're lucky it went a little west. There are parts of the lower Keys that still look like Irma hit...
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    A-State to sue Miami if payment not made for cancelled game

    It was an emergency and the Governor did call it an emergency. I'm not disputing that. I was referring to the contract and what the parties meant at the time they assented to the contract. Having said that, by any reasonable standard a category 5 hurricane would constitute one and probably in...
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    A-State to sue Miami if payment not made for cancelled game

    Generally that's called impracticability. You can perform, but it becomes unfeasibly difficult to perform.
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    A-State to sue Miami if payment not made for cancelled game

    You're correct about impossibility. It would need to be something like the stadium burns down to make playing impossible and technically this game was not impossible to play. That's why the better argument is impracticability. It's not impossible, but unforeseen circumstances have made...
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    A-State to sue Miami if payment not made for cancelled game

    Not what is defined as an emergency. A hurricane is clearly covered here. ASU is trying to argue Miami could have left early and just waited for everything to pass before returning. Since the storm wasn't in Arkansas, the clause doesn't apply because the game could have been played. They...
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    A-State to sue Miami if payment not made for cancelled game

    Looks like they're trying to strong arm Miami into rescheduling to get the publicity that they need. Any half assed lawyer knows that it's extremely difficult to win this case unless there was a clause relating to "Acts of God." Seems like Miami would be excused for the breach on...
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