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

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Look, I may just be another idiot who was on the UM Law Review, but allow me to point something out.

And that "something" is the final sentence in the Force Majeure paragraph.

Now, I'm not denying that a lawsuit filed in Arkansas will give them a "home court advantage". Of course it does.

But the fact remains that THAT SENTENCE does not require Miami to play in 2020 or 2021. Furthermore, those hillbillies are just inventing "case law" by talking about how "home and home games are never scheduled more than 10 years apart". Yes, that citation was probably uttered by two different A-State administrators, thus qualifying as "fact" to Yahoo Sports and the NCAA.

However, there is a real world. And the rule of law. And just because those crybabies want to play "sooner" rather than "later" doesn't make it true.

I do love the fact that an institution of higher learning is citing Rivals (or Scout) to prove our future scheduling.

Blake James has a bit of work to do to shore up his position on why we can't play in 2020 or 2021, but I also don't think that is the sole issue that will determine the outcome. What he needs to do is to send a firm offer to A-State to play in 2026, and state that failure to accept the terms of the agreement constitutes a waiver of rights under the original contract.

I would much rather spend $650K to fight this and pay A-State nothing. Nada. Zero-point-zero.
 
Detroit canegang said:
So you think Miami could win the lawsuit ?
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Dependent on where the contract states legal matters will be settled I'd guess Miami would lose in Arkansas. No one will question the reason Miami didn't play, but they will agree that Ark St. suffered due to Miami not playing and the delay in a return date...just my .02.
 
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"Any games not played as scheduled shall be rescheduled as such exigencies may dictate or permit."

To paraphrase The Princess Bride, I don't think those words mean what A-State fans think they mean.
 
Tony Perps said:
Lmaooo


We need to stop giving home games to these pathetic sun belt schools. It’s the biggest deal in the world for them and only ends in disaster. We beat the **** out of the mountain weirdos and then their racist baton team accused our players of roughing them up. Same **** with these losers. Good luck claiming that the force majeure clause doesn’t apply.

We should NOT give these pathetic losers a home game. They don’t deserve to be graced with our presence.
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We have to. We cannot afford to pay these teams to come play at the U only like the SEC schools can. We have to schedule an away game with them at their place. Yes it sux but that is the way it is.
 
TheOriginalCane said:
"Any games not played as scheduled shall be rescheduled as such exigencies may dictate or permit."

To paraphrase The Princess Bride, I don't think those words mean what A-State fans think they mean.
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So it would come down to what the court would define as an emergency correct?
 
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If we are truly short a game in the next 2-3 years we should just go and kill them-I am thinking triple digits here. The legal question, which will likely be decided in a federal court will be did the weather make this impossible or just difficult. It will be funny to see the other schools testifying that they couldn't travel from mega airports in Atlanta and Charlotte and them suggesting that the dump in Ark was more prepared for this situation...................
 
QuatroCane said:
So it would come down to what the court would define as an emergency correct?
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Let me see if I can clarify. I'm not sure if you misread, but the word is "exigencies". There was an exigency, the largest projected hurricane on record. The real issue is "dictate or permit".

Miami had ONE open weekend which, as can be proven, we NEEDED for the rescheduling of the F$U game.

A-State neglects to mention that F$U rescheduled a game AFTER they were knocked out of the ACC-CG consideration and when they NEEDED another win to qualify for a bowl game.

So..."dictate or permit". And the exigencies of OUR SITUATION (i.e., that we had to move the F$U game ALSO) did not make it possible to play A-State in 2017.

Furthermore, that sentence does not say "reschedule in the earliest possible year". Which is what A-State is demanding. Which is NOT what the contract requires.

Now, that doesn't mean that A-State gets to dictate the year of the rescheduling. And, in all honesty, there is not a ton of difference between 2020/2021 and, say, 2024. A-State is "willing" to play the game in 2021 (7 years after the first game), but "unwilling" to play the game in 2024.

I'm not sure that they have legal grounds to insist upon that. I'm sure they'll get sympathy from a hillbilly Arkansas judge, but I don't think the contract demands that 2024 is "unreasonable" and 2021 is "reasonable".
 
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TpaBayFlyFisher said:
If we are truly short a game in the next 2-3 years we should just go and kill them-I am thinking triple digits here. The legal question, which will likely be decided in a federal court will be did the weather make this impossible or just difficult. It will be funny to see the other schools testifying that they couldn't travel from mega airports in Atlanta and Charlotte and them suggesting that the dump in Ark was more prepared for this situation...................
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I don't think the weather is going to control here. A-State is just referencing that to make us look bad, and to make themselves look like the magnanimous good guys.

Nobody disputes that SEVEN Florida schools moved, rescheduled, and/or cancelled games. The weather is NOT the primary concern.

The primary concern is what to do next.

Clearly Miami is offering to reschedule. A-State doesn't want to wait. If neither can agree, then the payout would be the most logical remedy. As a POSSIBLE other remedy, the court might just find that the contract was fulfilled even without a rescheduled game (i.e., there was no way to reschedule IN 2017, thus "***** it", as both parties are willing, but cannot agree on a date). However, I'm not sure this outcome will be provided by an Arkansas judge.

Thus, my suggestion to make a SOLID offer to play in 2024, thus removing our "hesitation" to reschedule, and putting A-State in the spot of looking ****y over a choice between 2021 and 2024. In that case, I can't see a FINAL decision going against us. Sure, some jagoff Arkansas judge could rule against us (even though I'd imagine this would go to federal court, due to diversity jurisdiction), but I can't see how we would lose on appeal.

And we should take this all the way up the chain. Spend as much as it takes to give them NOTHING.
 
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The rescheduling the game is part of their settlement offer to us. They are saying that we breached and there is no force majeure so we just need to pay.
 
So, I absolutely defer to Original Cane in these matters. He has a really good handle on this, as well he should. I, like many others, just follow their advice (lawyers). I don’t know where link to the contract even is, apparently somebody has a link to it - I haven’t seen it.
 
OriginalCanesCanesCanes said:
So, I absolutely defer to Original Cane in these matters. He has a really good handle on this, as well he should. I, like many others, just follow their advice (lawyers). I don’t know where link to the contract even is, apparently somebody has a link to it - I haven’t seen it.
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In the first link.
 
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