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

It’s quite clear in the contract there is a prompt reschedule obligation, and UM is at significant risk that offering 2024 as the first option will be seen as not living up to the obligation, imo.

This one won’t litigate. It should settle. It would be a serious embarrassment for UM to go through the discovery on this issue, litigate in Arkansas, potentially lose and eat costs along the way.
 
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Ethnicsands said:
It’s quite clear in the contract there is a prompt reschedule obligation, and UM is at significant risk that offering 2024 as the first option will be seen as not living up to the obligation, imo.

This one won’t litigate. It should settle. It would be a serious embarrassment for UM to go through the discovery on this issue, litigate in Arkansas, potentially lose and eat costs along the way.
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Where is it quite clear that there is a prompt reschedule obligation that doesn’t take into consideration exigencies.
 
While not ignoring any of the input from the legal scholars on the board...my only response to this trash is 1st **** Arky State...2nd, Miami should never schedule these home and home. I believe that this was done under the AG years. I trust Richt wont be playing at Arky St nor at App state anymore. ****** foolish and pussified scheduling move IMO.
 
Don’t pay these hillbillies a dime. If it comes down to that we need to settle outside of court, cancel whichever cupcake we have on the schedule next year or the year after, go up to that inbred State, and absolutely massacre them. I’m not talking 49-17, I’m talking 77-3. Make that stadium empty after the 1st quarter so they lose revenue from the concessions. After the game, make it known why this bloodbath occurred and that we will never do business with them again as should no self-respecting P5 school.
 
TreOFive said:
While not ignoring any of the input from the legal scholars on the board...my only response to this trash is 1st **** Arky State...2nd, Miami should never schedule these home and home. I believe that this was done under the AG years. I trust Richt wont be playing at Arky St nor at App state anymore. ****** foolish and pussified scheduling move IMO.
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The price tag to for a mid major to come get their **** pushed in is probably going to climb to 1.5 million dollars now, and continue. How much more can we pencil in from you to send in to our athletic department to avoid that cost instead of a home and home?

The other school demands a payday for the *** kicking. Either in the form of cash, or stimulating their program and local economy through a home game.
 
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Ethnicsands said:
This one won’t litigate. It should settle. It would be a serious embarrassment for UM to go through the discovery on this issue, litigate in Arkansas, potentially lose and eat costs along the way.
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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 they may very well have staff counsel handling all pleadings and attending all proceedings. If so, they aren't shelling out a dime in extra fees for this lawsuit other than the few hundred bucks to file the case.

Miami, on the other hand, will almost assuredly have to hire external counsel to defend this case. Ark St knows this and it plays into their hands. They can drag this out, schedule a bunch of hearings, conduct extensive discovery and unless we win on a motion to dismiss, we have to play along using their jurisdiction's rules. It's probably 99% likely to settle, but there will many dollars expended in getting it to that point and I'd venture a guess it does not settle until at least 2019.
 
Salt said:
of course, words have meaning. But the meanings conveyed by those words can take on different connotations. Which goes back to as one famous political scoundrel once said under deposition "it depends on what the meaning of "is" is." So blow it through your pie hole.

im·pos·si·ble
[imˈpäsəb(ə)l]
ADJECTIVE
  1. not able to occur, exist, or be done:
    "a seemingly impossible task" ·
    [more]
    "it was almost impossible to keep up with him"
    synonyms: not possible · out of the question · unfeasible · impractical · impracticable · nonviable · unworkable · unthinkable · unimaginable · inconceivable · absurd · unattainable


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Obviously you didn't get that definition from Black's law dictionary.
 
OriginalCanesCanesCanes said:
Where is it quite clear that there is a prompt reschedule obligation that doesn’t take into consideration exigencies.
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I have no idea why you wrote ‘doesn’t take into account consideration exigencies.’ I certainly didn’t say that. You are inventing words to argue against.

However, the contract is pretty clear that there is a prompt reschedule obligation. Whether UM’s schedule preferences are sufficient to justify offering nothing until 2024 will be a question for the finder of fact, I suppose.
 
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Poptimus said:
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 they may very well have staff counsel handling all pleadings and attending all proceedings. If so, they aren't shelling out a dime in extra fees for this lawsuit other than the few hundred bucks to file the case.

Miami, on the other hand, will almost assuredly have to hire external counsel to defend this case. Ark St knows this and it plays into their hands. They can drag this out, schedule a bunch of hearings, conduct extensive discovery and unless we win on a motion to dismiss, we have to play along using their jurisdiction's rules. It's probably 99% likely to settle, but there will many dollars expended in getting it to that point and I'd venture a guess it does not settle until at least 2019.
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You just did a good job of explaining why Miami will settle rather than litigate. So you agree with me.

Since Miami will not win on a motion to dismiss, andknows the cost of litigating is high, it should settle. If it is smart.
 
Ethnicsands said:
I have no idea why you wrote ‘doesn’t take into account consideration exigencies.’ I certainly didn’t say that. You are inventing words to argue against.

However, the contract is pretty clear that there is a prompt reschedule obligation. Whether UM’s schedule preferences are sufficient to justify offering nothing until 2024 will be a question for the finder of fact, I suppose.
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Let’s let the lawyers handle this. Unless you’re a contract lawyer, I’m going to stick with the opinions that some of the actual attorneys that post here have offered. Kind of how it works in real life.
 
i'm wondering if Ark St. will bring up the Noles playing that game La.Tech or whoever it was to get bowl eligible will come up .
Wondering if they will or could use that as an example the game could of been made up.Was that game played the same weekend as the ACCCG???
 
KWConch said:
i'm wondering if Ark St. will bring up the Noles playing that game La.Tech or whoever it was to get bowl eligible will come up .
Wondering if they will or could use that as an example the game could of been made up.Was that game played the same weekend as the ACCCG???
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Yes, it was FSU was otherwise not pre-occupied. ;)
 
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Captain Uberpants said:
Don’t pay these hillbillies a dime. If it comes down to that we need to settle outside of court, cancel whichever cupcake we have on the schedule next year or the year after, go up to that inbred State, and absolutely massacre them. I’m not talking 49-17, I’m talking 77-3. Make that stadium empty after the 1st quarter so they lose revenue from the concessions. After the game, make it known why this bloodbath occurred and that we will never do business with them again as should no self-respecting P5 school.
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Also, EVERYBODY needs to book hotel rooms in Memphis and pack the back of your vehicle with a day's worth of food and beverages purchased well outside of Jonesboro. Maybe even bring a spare gas can so you don't have to stop for gas in that awful town.
 
Poptimus said:
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 they may very well have staff counsel handling all pleadings and attending all proceedings. If so, they aren't shelling out a dime in extra fees for this lawsuit other than the few hundred bucks to file the case.

Miami, on the other hand, will almost assuredly have to hire external counsel to defend this case. Ark St knows this and it plays into their hands. They can drag this out, schedule a bunch of hearings, conduct extensive discovery and unless we win on a motion to dismiss, we have to play along using their jurisdiction's rules. It's probably 99% likely to settle, but there will many dollars expended in getting it to that point and I'd venture a guess it does not settle until at least 2019.
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Greenberg Traurig or whomever UM decides to hire will walk all over the Arkansas State In house lawyers. The Complaint is horrifically written, filled with numerous spelling and grammatical errors.
 
How about everyone stops fighting over the language of this shoddy contract.

UM screwed up by allowing A-State to delete the choice-of-venue language. Now A-State is first to file, though UM can get it removed to federal court. Nonetheless, it will be a federal court in Arkansas.

Yes, the ACC administration is made up of buffoons who think that the shoddy contract is an adequate template to provide to 14 dues-paying ACC members. Shameful. Maybe the same guy who gave a sweetheart deal to his son at Jefferson Pilot had another son with a start-up law firm. There aren't a lot of other reasonable explanations, other than the ACC paid $29,99 for that contract on findlaw.com.

We can all debate force majeure language until we are blue in the face. Yes, many courts interpret force majeure narrowly. However, most federal court judges are not likely to issue a reported case where they rule it "possible" to play an out-of-state game when the 4th largest state in America is shut down for a (potential) Category 5 hurricane.

I have a feeling that the court will focus on the reasonableness of the offer to reschedule. Yes, it is silly that A-State is going to cite the precedent of Rivals v. Scout as it pertains to our "future schedules". Time will pass, and our 2021 schedule will fill up, thus wiping out the (perceived) strength of A-State's "we wanna play ASAP" argument. Even if the case were argued tomorrow, UM has a strong case that Power Five teams need to play a tough OOC schedule to impress the Committee, thus, we can't fill our 4 OOC slots with A-State, Bethune Cookman, FIU, and FAMU just because A-State wants to play sooner rather than later.

All of the sound and fury over the impact to the "Jonesboro community" is a red herring. It's a distraction. A-State isn't going to give a dime to the Jonesboro community. And if the game had taken place as scheduled, Jonesboro was getting very little impact from UM fans, most of whom were going to stay in Florida for the hurricane, no matter how many PR points the A-State AD was looking to score with his "oh-so-generous" offer to move the game up and house our players after.

So if Miami ever does play this game in the future, the Miami fans need to band together to deprive Jonesboro of as much economic impact as possible. Stay in Memphis. Eat in Memphis. Gas up in Memphis. Feel free to take a massive, smelly dump in a run-down Jonesboro gas station, buy a pack of gum, and take a penny.

F A-State. All of those fans can burn in ****.
 
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