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

[brcane1]

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?

I generally agree with you point, however, my counter argument is F^CK Arkansas state.

 

[Tony Perps]

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?

Because a Miami home game >> sending our kids to play some hill jack sunbelt school

 

[Meat]

I agree with Arkansas State. We agreed to play the game. Force majeure argument is weak....hurricane didn’t even hit Miami.

Plus the game was to be played in Arkansas, not Florida.

And as I recall, FAU, FIU, UF, FSU, and USF all either played their games or rescheduled.

 

[LuCane]

Arkansas State has acted like a crazy, completely delusional latin woman. All one can do in these situations is remain still and let it pass.

 

[Calinative]

I agree with Arkansas State. We agreed to play the game. Force majeure argument is weak....hurricane didn’t even hit Miami.

Plus the game was to be played in Arkansas, not Florida.

And as I recall, FAU, FIU, UF, FSU, and USF all either played their games or rescheduled.

Miami couldn't reschedule during the 2017 season. Thats the entire point dude.

We are arguing that we can't schedule an away game (though we clearly have openings in 2020, 2022, 2023, and beyond) until 2024 and that 2020 is reserved for a game vs a FCS opponent, and even if we weren't going to play an FCS opponent, it would need to be a home game, not a road game.

Arkansas St is saying that if we don't schedule them for 2020 or 2021 (our schedule is definitely full for 2021) then they will sue us for $650k because we will be in breach of contract at that point. Most people on here are arguing that they have no right to dictate the exact date we can play if we say our earliest available date is in 2024. And that if we offer them the 2024 date they can either accept it or go **** themselves.

now im not a lawyer, so maybe im wrong about everything idk.

 

[MainLineCane]

I'm pretty sure A-state is in Arizona. Or possibly Alaska.

Actually its in Alabama,...... oh wait I got it, Wait WTF didn't we stop playing that series against Appalachian State

 

[MainLineCane]

This is a home state school suing outsiders in their home state full of like minded people and judges.
If we appeal the verdict, it will reviewed in a judicial district ( thinking the 8th) made up of like minded states like Mo, IA, and NE., so we won't blow this off.

Most likely this will be settled out of court by us, because its not going away.
Bubba needs some new shoes

 

[Calinative]

This is a home state school suing outsiders in their home state full of like minded people and judges.
If we appeal the verdict, it will reviewed in a judicial district ( thinking the 8th) made up of like minded states like Mo, IA, and NE., so we won't blow this off.

Most likely this will be settled out of court by us, because its not going away.
Bubba needs some new shoes

well if we do end up having to pay $650k, it will be a total of $950k spent to get Arkansas st to visit us in 2014 (home school pays visiting school $300k the year they play according to contract) Today that wouldn't be that crazy, in fact that might be considered a solid deal for a school to visit for under $1M.

 

[CaneFan79]

So is Mr. Dan "I'm going to Bring Miami to the World" LeRetard going to take up the cause? Can he take a precious five minutes away from trying to find the John Skipper replacement to suck off and cover this story with a modicum of South Florida experience? The optics of Redneck State's letter telling Miami they could have housed their student athletes while most of those students families/homes were running for their lives and being destroyed is a great starting point to a wave of negative publicity headed to Jonesboro.

Alas, the fat traitor is still probably wanting to talk about UCF...

 

[orange&green84]

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?

UF never rescheduled Northern Colorado St.

FSU rescheduled ULM on conference championship weekend because, well, they weren't playing in the ACC title - Miami was.

UCF didn't get to reschedule GT.

The only school that kept their game is FAU. And iirc, they had a pain logistically making it back into Florida.

So where did every other school make it work exactly?

 

[CaneFanNJ]

Cam Underwood and the dummy Arkansas State fan going back and forth on twitter made me lose brain cells. Can we shoot both of them into outer space so we never have to hear from either of them again?

 

[Tony Perps]

I agree with Arkansas State. We agreed to play the game. Force majeure argument is weak....hurricane didn’t even hit Miami.

Plus the game was to be played in Arkansas, not Florida.

And as I recall, FAU, FIU, UF, FSU, and USF all either played their games or rescheduled.

You really are the worst poster in the history of cane boards.

 

[arizonacane]

Double or nothing! Play the game. If ASU wins they get paid 2X. If they lose, they get nothing.

 

[GrozDozer]

I agree with Arkansas State. We agreed to play the game. Force majeure argument is weak....hurricane didn’t even hit Miami.

Plus the game was to be played in Arkansas, not Florida.

And as I recall, FAU, FIU, UF, FSU, and USF all either played their games or rescheduled.

None of them played and only FSU rescheduled. You really may be the dumbest poster between this board and the WEZ. And DBC posts here. Get it together ******.

 

[404Usernamenotfound]

UF never rescheduled Northern Colorado St.

FSU rescheduled ULM on conference championship weekend because, well, they weren't playing in the ACC title - Miami was.

UCF didn't get to reschedule GT.

The only school that kept their game is FAU. And iirc, they had a pain logistically making it back into Florida.

So where did every other school make it work exactly?

Sorry but you're not entirely correct. They reference 7 games in their letter, and 6 of the 7 were either played/rescheduled and the one that wasn't, the gators vs University of Northern Colorado, the gators paid them a buyout for not playing. Please at least take the 5 minutes to read their letter (link below).

You are correct about UCF and GT, they don't reference that in the letter of course because it hurts their case.

 

[orange&green84]

Sorry but you're not entirely correct. They reference 7 games in their letter, and 6 of the 7 were either played/rescheduled and the one that wasn't, the gators vs University of Northern Colorado, the gators paid them a buyout for not playing. Please at least take the 5 minutes to read their letter (link below).

You are correct about UCF and GT, they don't reference that in the letter of course because it hurts their case.

I didn't account for USF and FIU. But I was correct on everyone else.

Regardless, Miami wasn't afforded the opportunity to reschedule given that it had to play in the conference title game. Other schools like FSU were able to reschedule their game on that weekend because of opportunity.

Point being, Arkansas St. is in for a rude awakening.

 

[404Usernamenotfound]

I didn't account for USF and FIU. But I was correct on everyone else.

Regardless, Miami wasn't afforded the opportunity to reschedule given that it had to play in the conference title game. Other schools like FSU were able to reschedule their game on that weekend because of opportunity.

Point being, Arkansas St. is in for a rude awakening.

I hope you’re right. All I was saying is it’s not as clear cut as we think.

 

[TheOriginalCane]

Good lord...lots of people (particularly the...uneducated ones...like Meat) are arguing about stuff they don't understand.

Yes, there's a force majeure clause. But the word "void" doesn't mean you stop reading. There are things called "savings clauses" which can save the outcome from being the most drastic. Clearly, there is language on rescheduling when possible.

If (and let's change the natural disaster to, say, FIRE) a massive fire had burned down Jonesboro (please, please, please hear my prayers, sweet Jesus), there would have been no way to play the game. It would have been an impossibility, and if there were no exigencies that would have allowed for rescheduling, THEN the contract would have been void.

However, our situation is different, but that DOES NOT MEAN that you can't invoke the force majeure clause. Let's say that a fire was bearing down on Jonesboro (please, please) and all of a sudden it made a 90 degree turn at the last minute. Technically, it was not IMPOSSIBLE to play the game, but there may have been evacuations, etc. The concept of force majeure is an old one. The concept of how a city, county, and/or state prepares for natural disasters is more recent. If you honestly believe that a court would get super-technical on this issue, I believe you are misguided.

A hurricane was coming. Florida's governor declared an emergency situation. Interstates were turned one-way. Airports closed. Some areas were required to evacuate. We can act like players are just students to boss around, but they have families too, not all of them live on campus, some even have dependent children.

Furthermore, let's kick around the whiny A-State claim about the "Jonesboro community". Not all of the tickets were sold to hillbillies, right? Some of that "economic impact" that was going to rain down on Jonesboro was coming from...oh, that's right, people who were going to be no-shows due to...A MAJOR HURRICANE HITTING FLORIDA.

I understand that A-State is going to write (and more importantly, PUBLICIZE) a crybaby letter with a litany of horribles that puts all of the blame on selfish old Miami, while citing NON-legal precedents such as the case of FAU v. Wisconsin. Fine.

But keep in mind, there was a RANGE of reactions. In fact, it is possible to argue that UCF was denied a spot in the College Football Playoffs because they lacked a data point (a win over BCS foe Georgia Tech) that one extra game would have given them. And that is a MUCH MORE POWERFUL argument than "oh, Jonesboro lost out on some tourism dollars from people who weren't going to show up anyhow".

And let's not pretend that game cancellations and/or reschedulings were limited to ONE weekend. They were not. UCF had to cancel the Maine game in order to reschedule conference foe Memphis. UCF ended up adding Austin Peay in place of Maine, which means that UCF played AUSTIN PEAY instead of (essentially) BOTH Ga-Tech and Maine. It is a solid argument to make that the school MOST DAMAGED by the hurricane was UCF.

And UM and F$U had to reschedule our own game. F$U only rescheduled La-Mo to get bowl eligible.

And UF would have rescheduled Northern Colorado if it would have made a difference in bowl eligibility.

And USF cancelled the UMass game to reschedule conference games.

So this RIDICULOUS laser-focus on ONLY ONE WEEKEND of games is wrong. The hurricane impacted more than one weekend. OTHER games were cancelled by other Florida teams, not just poor, poor Arkansas State.

And, sure, maybe some other schools paid buyouts. I get it. But you don't get to say "hey, judge, Florida Gators", and then go home with your $650K check. That's not how things work.

Miami offered to reschedule. A-State doesn't like the dates offered. But the contract doesn't have a "satisfaction" clause that allows A-State to veto a reasonable offer to reschedule.

And as much as A-State is going to whine about what Miami did (versus what other schools did), Miami is just as easily going to show how A-State (and their fan websites) waged a multi-day "hurricane-shaming" effort to claim that Miami was pulling out of the game for non-hurricane reasons.

One more consideration for some of you. After the FIU-UM brawl, Miami "cancelled" upcoming games. Oh, wait, not quite. We are resuming those games now, after the bad blood has cooled. And I would argue that is EXACTLY what Blake James is doing with A-State.

Honestly, what are those hillbillies going to do when we show up? Hold a meaningless and cynical "hurricane relief fundraiser" to show what good people they are?

Every single A-State administrator, employee, alumnus, and fan who has blamed Miami for this fiasco are the scum of the earth. More than just 14 schools with games that weekend were impacted by a hurricane that weekend. I have pointed out "innocent" schools such as Maine and UMass who lost games on OTHER WEEKENDS too.

So when you figure out that almost two dozen schools either had games cancelled or rescheduled, from September to December, all because of one hurricane...and when you compare that to the fact that ONLY ARKANSAS STATE is still whining...

It's a pretty easy conclusion to draw. Sure, we will be in Arkansas, but it will be federal court. A lot of those guys are Clinton appointees, not triggered right-wingers who are going to freak out because some blacks and Hispanics from Miami caused some economic uncertainty to the innocent Christian virgins of Arkansas.

And I don't care about any fans who want to argue "just pay them the money". Most of you didn't even go to UM. It's my university, and when we are struggling to get the last $1.5 million for the IPF, I don't want to see any fund-raising pleas for another $650K for the poor, poor economically distressed hillbillies of Arkansas.

We have attorneys on staff. We have six years between now and 2024. Fight these hillbillies for as long as it takes. Little known fact, the "highest honor attainable at UM", Iron Arrow, fought a case all the way to the US Supreme Court, because they didn't want to be forced to tap women into the honor society. Yeah, Iron Arrow lost. I know people from UM who QUIT IRON ARROW because they were going to have to admit women, like a certain nasty old cracker who was a professor in the Religion department.

So, yeah, I would fully support UM offering to play again in 2024 or beyond...or a set of steak knives.

F A-State, F A-State's AD, and F A-State's whiny fanbase. They wanted to play UM, with zero-point-zero UM fans coming in from out-of-town to patronize Jonesboro establishments, simply because the A-State fans were feeling their oats after ALMOST beating a historically bad Nebraska team.

And THAT last sentence is the most accurate assessment every written about why A-State is still crying over this issue.

This is not about some lost revenue for Jonesboro restaurants and hotels. It never was.

 

[Ssoto0055]

So it would come down to what the court would define as an emergency correct?

Not what is defined as an emergency. A hurricane is clearly covered here. ASU is trying to argue Miami could have left early and just waited for everything to pass before returning. Since the storm wasn't in Arkansas, the clause doesn't apply because the game could have been played. They argue that FSU made up their game, conveniently forgetting that FSU played that game the same day Miami was in the ACC Championship Game, while FSU played it to become bowl eligible. Ultimately, they want to strong arm Miami into giving them some money to go away. They didn't get the publicity Miami would have brought.

 

[orange&green84]

I hope you’re right. All I was saying is it’s not as clear cut as we think.

But it is. The contract stated that during a natural disaster that the game could be moved, cancelled, whatever... The strongest recorded hurricane in history would qualify as such event.

Miami had to reschedule the FSU game which has significantly more weight than an OOC game (the opponent doesn't matter, it could've been Alabama and the weight would remain the same) since it counts as a conference game. Once Miami's schedule started up again against Toledo, Miami operated without a bye week for the duration of the season.

Arkansas St. opened themselves up on this one.