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

miamilaw07 said:
Obviously you didn't get that definition from Black's law dictionary.
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That scoundrel happened to be a former U of Arkansas law professor who might have taught some of the Arkansas State staff counsel and former head legal officer for the State of Arkansas.

So if we hear some strange legal arguments regarding meaning of words.....
 
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TheOriginalCane said:
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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I'll save up my dumps 'til I'm blue in the face...


That's it...what I eat in Memphis I'll dump in Jonesboro!


#EatInMemphisButDumpInJonesboro
 
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 on the lawsuit so their ****ty school is not shelling out an extra nickel for this case on legal fees. That may change once it's moved to federal court. I can't gather from Arkansas Bar Association's website whether any of these three lawyers are licensed in federal court. You need a separate license to litigate federal cases.

The next thing to note is that the Ark St clowns filed the lawsuit February 16th alleging that they are entitled to liquidated damages as of February 15th. Clearly, they had this Complaint drafted and ready to go while Miami still had every right to offer to pay up if it were to acquiesce to Ark St's misguided interpretation of the contract. Why have the lawsuit drafted before Miami expired the time? Sometimes plaintiffs use it as a bargaining tactic to show they aren't bluffing and will really file a lawsuit. But why the rush? Tells me that Ark St reached out to Blake James and he gave them an emphatic "Fvck off" to the point they knew no settlement was coming pre-lawsuit.
 
Setting the legal wrangling aside, I honestly believe, that up to a certain financial point (what that number is, I don’t know) Miami, ie, specifically Blake James and Julio Frenk, don’t care about the money.

They just don’t want to accommodate Arkansas State, if they don’t have to and without a fight, either with a game or with a financial settlement as a point of honor and pride. Yes, I know, it sounds almost archaic, not very academic and certainly not cost-effective, but I think it’s exactly how I and many others would approach it. Make them spend money and jump through hoops to get their money or their game. Settle nothing, or only settle later as a last resort.

They behaved abominably last fall and tried to publicly embarrass the program and the University and they’re doing the same now. I believe we will pay for the privilege to attempt to give them less or nothing and I agree with this, even if it’s not successful.

Whatever the cost is, it will have much more of an impact on them than on us.

Such disrespect must come at a price.

.
 
OriginalCanesCanesCanes said:
Setting the legal wrangling aside, I honestly believe, that up to a certain financial point (what that number is, I don’t know) Miami, ie, specifically Blake James and Julio Frenk, don’t care about the money.

They just don’t want to accommodate Arkansas State, if they don’t have to and without a fight, either with a game or with a financial settlement as a point of honor and pride. Yes, I know, it sounds almost archaic, not very academic and certainly not cost-effective, but I think it’s exactly how I and many others would approach it. Make them spend money and jump through hoops to get their money or their game. Settle nothing, or only settle later as a last resort.

They behaved abominably last fall and tried to publicly embarrass the program and the University and they’re doing the same now. I believe we will pay for the privilege to attempt to give them less or nothing and I agree with this, even if it’s not successful.

Whatever the cost is, it will have much more of an impact on them than on us.

Such disrespect must come at a price.

.
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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 sides will be bound to some confidentiality provision of the settlement and both will come out saying they're thrilled with the results, but I doubt we ever play Ark St again. Ever.
 
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OriginalCanesCanesCanes said:
Setting the legal wrangling aside, I honestly believe, that up to a certain financial point (what that number is, I don’t know) Miami, ie, specifically Blake James and Julio Frenk, don’t care about the money.

They just don’t want to accommodate Arkansas State, if they don’t have to and without a fight, either with a game or with a financial settlement as a point of honor and pride. Yes, I know, it sounds almost archaic, not very academic and certainly not cost-effective, but I think it’s exactly how I and many others would approach it. Make them spend money and jump through hoops to get their money or their game. Settle nothing, or only settle later as a last resort.

They behaved abominably last fall and tried to publicly embarrass the program and the University and they’re doing the same now. I believe we will pay for the privilege to attempt to give them less or nothing and I agree with this, even if it’s not successful.

Whatever the cost is, it will have much more of an impact on them than on us.

Such disrespect must come at a price.

.
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This is almost my exact stance as well. One other thing is that I do think they want this become public because it makes ARK State look like a bunch of FN Aholes. I will be interested to see what "big name" teams ever come to their backwards FN town ever again. These dumbFs are losing way more than they would every gain because of this.
 
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calinative umstudent said:
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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Yeah. Need to throw in fires, prarie fires, mud slides, tsunami's, volcanic eruptions, snowstorms, drought, melting ice cap, ebola, upper respiratory irritations from pollen, killer bees, black plague, mass hysteria, ufo's, and the airborne clap.
 
UMFarArcher said:
Yeah. Need to throw in fires, prarie fires, mud slides, tsunami's, volcanic eruptions, snowstorms, drought, melting ice cap, ebola, upper respiratory irritations from pollen, killer bees, black plague, mass hysteria, ufo's, and the airborne clap.
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lol what?
I dont think its crazy to address stuff that could actually cause the school to cancel a game. For Miami thats Hurricanes. For Stanford thats fires and earthquakes.
 
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UMFarArcher said:
Yeah. Need to throw in fires, prarie fires, mud slides, tsunami's, volcanic eruptions, snowstorms, drought, melting ice cap, ebola, upper respiratory irritations from pollen, killer bees, black plague, mass hysteria, ufo's, and the airborne clap.
Click to expand...

Ahhhh the airborne clap.... I remember the airborne clap epidemic of ‘72 like is was yesterday. I start itching just thinking about it
 
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All I know....is if it plays out, that we are forced to play these guys,.. I want to play them with the same sportsmanship, they have shown us! Ill be quite pleased with that outcome!!
 
TheOriginalCane said:
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 ****.
Click to expand...

**UPDATE**

Turns out our lawyers ARE better than theirs (albeit I'm still perplexed at how poorly that contract was drafted). Miami actually filed first:

But it turns out Miami preemptively sued Arkansas State on Feb. 13, seeking declaratory relief from a Miami judge, essentially asking for Miami to be declared in the right and the case to be dismissed.

Wonder what their ****** three-person General Counsel office will do when it turns out they can't litigate this in front of a bunch of hillbillies in Western Arkansas.

Also notice how much better written the Miami complaint is than the ASU one:

Link to Miami complaint
 
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