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

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Arkansas State blowing smoke. The contract reads that the contract shall be void in the event of unforeseen catastrophe or disaster such as fire, flood, earthquake, war etc.

Any games not played shall be rescheduled as such exigencies may dictate or permit.
 
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Here is the contract
The important part about Force Maejure:
This contract shall be void with respect to any of the games in the event that it becomes impossible to play such game(s) by reason of an unforeseen catastrophe or disaster such as fire, flood, earthquake, war, epidemic, confiscation, by order of government, military, or public authority or prohibitory or injunctive orders of any competent judicial or other government authority. Notice of such catastrophe or disaster shall be given as soon as possible. No such cancellation shall affect the parties' obligations as to subsequent games covered by this contract. Any games not played as scheduled shall be rescheduled as such exigencies may dictate or permit.
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Both emails lawyers sent to eachother
 
I’m not a lawyer but I don’t think it’s as clear cut as we are making it sound.

Here is what hurts us I think - The fact of the matter is every other school made it work other than us. The act of god did not occur in Arizona and the team COULD have travelled early and left late. FAU staying in Wisconsin or wherever set a bad precedent.

Here is what helps us
We did cancel other sports, even home soccer games. We didn’t simply choose to cancel this game and not our other commitments. Also helps that we did offer a 2024 spot. What’s their excuse, it’s too far away? Schools schedule out way in advance all the time. Institutions are not fly by night companies. Miami will still exist in 2024, so what’s the problem with waiting?
 
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davion_mori said:
I’m not a lawyer but I don’t think it’s as clear cut as we are making it sound.

Here is what hurts us I think - The fact of the matter is every other school made it work other than us. The act of god did not occur in Arizona and the team COULD have travelled early and left late. FAU staying in Wisconsin or wherever set a bad precedent.

Here is what helps us
We did cancel other sports, even home soccer games. We didn’t simply choose to cancel this game and not our other commitments. Also helps that we did offer a 2024 spot. What’s their excuse, it’s too far away? Schools schedule out way in advance all the time. Institutions are not fly by night companies. Miami will still exist in 2024, so what’s the problem with waiting?
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and FAU was left stranded in wisconsin as a result of their poor decision. If cuba hadn't weakened Irma, it would have been an even stupider and money influenced decision then it turned out to be. Fau players were practically begging not to play and travel. After the game they were forced to stay in wisconsin for like a week, got kicked out of the hotel they were staying in, and were completely reliant on the generosity of the university of wisconsin to provide them with room and board, medical necessities, etc.
 
This is going to backfire on them. No one is going to want to play them in the future.
 
calinative umstudent said:
and FAU was left stranded in wisconsin as a result of their poor decision. If cuba hadn't weakened Irma, it would have been an even stupider and money influenced decision then it turned out to be. Fau players were practically begging not to play and travel. After the game they were forced to stay in wisconsin for like a week, got kicked out of the hotel they were staying in, and were completely reliant on the generosity of the university of wisconsin to provide them with room and board, medical necessities, etc.
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That's all true, however, it was still possible (just a lot more difficult) for FAU to complete their contractual requirements. I have dealt a little with force majeure at work and I have always been under the impression that for Force Majeure to come into play, whatever happened needs to make completing your obligation impossible if not **** near impossible. I do not believe Miami could show it was impossible to play that game. I believe this is where a hardship clause should come into play . I would need an attorney to chime in.
 
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UM should tar and feather this pathetic “university”. Their position is basically hah, tough luck UM kids who had to help their families prepare for a potentially catastrophic natural disaster, you need to come to Jonesboro Arkansas because we have absolutely nothing else going on and this is the biggest event in the history of our school!

**** this loser school. Make sure they never get a Power 5 home game again. We should just pay the 650,000 to get out of the game for good. They don’t deserve Miami kids to step foot in their crap toen.
 
Schedule the game on a Thursday night. Run up the score and plant our flag then spend the rest of the weekend recruiting / stealing their state's best recruits and leaving their women begging for more. Rape and Pillage Miami style!
 
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It wasn’t impossible for Miami to play that game, it was just potentially unreasonable and dangerous for them and their families. Let the lawyers explain it, but that’s enough of a reason for force majeure clause to be argued in my opinion.

Think if I coached at Miami I was going to leave Miami and my family behind with that monster cat 5 bearing down and predicted to make a direct hit? Think again.
 
TheOriginalCane said:
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.
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I'd rather they saved the lawyer money settle the darn case for the 200 or 300 it would likely end up settling at two years from now. That way we never have to play a game at Arizona State. 300 seems a fair price to pay for being dumb enough to agree to ever play there in the first place. And with UM's obvious superior bargaining position it is unbelievable we didn't include a Miami venue provision and even allowed them to scratch out Florida choice of law. Really unbelievable.
 
I may be in the minority here but I’d much rather play Arkansas State in Jonesboro than play Bethune Cookman or whatever softass FCS school that we are saving a spot for.

We shouldn’t be playing these FCS games, I don’t care if everyone in the SEC is. We aren’t in that conference and we are Miami. This whole thing is embarrassing that we agreed to go to Jonesboro in the first place but why don’t we go up there, put a whooping on them and skip the annual game against FAMU where the band is their biggest attraction?
 
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