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

Tony Perps said:
Not really.
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yes really. and Arkansas states own laywers imply that the game was not "impossible" to be played and use teams like FAU as examples the game never should have been canceled. adding in the word Hurricane in there takes literally 3 seconds, and protects us from even needing to argue about it. And trust me MANY people talking about this are on arkansas states side saying we should have played.
 
calinative umstudent said:
Why on earth we'd (or anyone in the ACC) would sign the contract that gives Earthquake as an example of an "unforeseen catastrophe or disaster" but not a ******* Hurricane is beyone me.

In any scheduling contract we sign, there should be NO DOUBT that we are able to cancel games due to Hurricanes, whether its an away or home game. The fact that there can even be an argument just shows how **** a contract it was for us...and I don't know **** about this kinda stuff.
I just know if you're in Miami it makes a helluva lot of sense to mention a Hurricane as a reason to cancel the game.
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I don't think the failure to identify a hurricane will significantly impair our defense on whether we were justified in cancelling.
 
calinative umstudent said:
yes really. and Arkansas states own laywers imply that the game was not "impossible" to be played and use teams like FAU as examples the game never should have been canceled. adding in the word Hurricane in there takes literally 3 seconds, and protects us from even needing to argue about it. And trust me MANY people talking about this are on arkansas states side saying we should have played.
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Look, I know you think you have to be informed about everything, but you have no clue what you’re talking about. I argue about contracts for a living. You don’t. Inserting the word “hurricane” in there makes no difference because there’s no argument about whether a hurricane counts as a force majeure event.
 
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I have a feeling these contracts receive most of the attention by athletic department staff, not the GC's staff. It probably received fairly little review. Nobody contemplated the kind of scenario that was actually played out. They gave it relatively limited thought
 
TheMatador said:
I don't think the failure to identify a hurricane will significantly impair our defense on whether we were justified in cancelling.
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It makes zero difference. There is no claim by ASU that a Hurricane is not covered by the force majeure clause. What they are claiming is that there was no “force majeure” because it was possible for us to play the game.
 
Tony Perps said:
Look, I know you think you have to be informed about everything, but you have no clue what you’re talking about. I’m a litigator. I argue about contracts for a living. You don’t. Inserting the word “hurricane” in there makes no difference because there’s no argument about whether a hurricane counts as a force majeure event.
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I agree. It is not an exclusive list. I see little problem for us legally on the cancellation issue. I don't care what other schools did. They might have been reckless. Our school was dismissed and our players released for humanitarian reasons to attend to family responsibilities.

I see perhaps a bigger problem for us on the issue of rescheduling. I say "perhaps." ASU might have a stronger case on not waiting until 2024. I say "might "

In disputes like this, there are no clear-cut answers.
 
Tony Perps said:
It makes zero difference. There is no claim by ASU that a Hurricane is not covered by the force majeure clause. What they are claiming is that there was no “force majeure” because it was possible for us to play the game.
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I agree but saying, as they did in their letter, that it was not force majeure because the hurricane was not in Arkansas, borders on the outrageous. The fact our players could not leave their homes because of the emergency is just ridiculous. I would hope it offends even the Arkansas judge and/or jury.

As I've said, I think the more difficult issue for us MIGHT be whether we reasonably declined to reschedule before 2024.
 
TheMatador said:
I agree but saying, as they did in their letter, that it was not force majeure because the hurricane was not in Arkansas, borders on the outrageous. The fact our players could not leave their homes because of the emergency is just ridiculous. I would hope it offends even the Arkansas judge and/or jury.

As I've said, I think the more difficult issue for us MIGHT be whether we reasonably declined to reschedule before 2024.
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I agree. That position was ludicrous, but still has nothing to do with the lack of the word “hurricane” in there.
 
RVACane said:
Agree on force majeure though they'll try to say we could've made it up after the ACCCG not that it would be reasonable.

If we have to litigate there we don't want to bring in some hot shot Miami attorney. We're better off with their best Foghorn Leghorn...a guy who eats chicken n dumplings with the judge at the local cafe on Thursdays.
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Lmfao!
 
RVACane said:
Agree on force majeure though they'll try to say we could've made it up after the ACCCG not that it would be reasonable.

If we have to litigate there we don't want to bring in some hot shot Miami attorney. We're better off with their best Foghorn Leghorn...a guy who eats chicken n dumplings with the judge at the local cafe on Thursdays.
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So...should I tell my cousin Vinny to forget about it?
 
Salt said:
my claiming not to be a lawyer was not used as any grounds to prove anything. I have an opinion, that's all. And by the same token being a lawyer does not make one's opinion right either. It was **** lawyers who crafted the thing and you have other lawyers disputing its language. So not even lawyers agree which means not all lawyers are right in there opinions either. Which is why I guess we have judges.
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Please stop bragging about not being a lawyer...
 
Meat said:
It's not Arkansas State's fault that Miami has bad weather from time to time. They shouldn't have to bear the cost.
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Nor would it be Miami's fault if Arkansas State had a major tornado. What about act of God do you not understand? You obviously have experienced little in life as there are far more pressing and important things than a football game.
 
Tony Perps said:
I agree. That position was ludicrous, but still has nothing to do with the lack of the word “hurricane” in there.
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This looks like an ACC Contract all the conference schools use for games, I think it should include Hurricane as an example under that clause. Thats all im saying. If we were a Pac12 school there should be more emphasis on Earthquakes/fires. Thats just simple to me, and it takes 1 minute to correct.

It should be so crystal clear that we can cancel a game for a hurricane, that even the stupidest opposing team fan would have to admit it. Instead we have idiots arguing that this game wasn't impossible to play and therefore we broke the contract.
 
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