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

If there is a clearly delineated force majeure clause in the contract that allows Miami an out, the hillbillies have a hard case to make.

It all depends on the wording of the contract around the clause.

Don’t discount the venue either, sadly.

In todays world anyone can sue over anything and anyone can win any case.
 
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There are many other factors in this discussion but this is an interesting jump off point.

One other fact to bring into the mix, right or wrong, is that we are also trying to compete financially, and that we need money in the bank to spend on other things to compete with other schools that have massive amounts more than us to spend.

We need that money for competitive salaries, facilities, and the bells and whistles that make the program attractive to tecruitsso that we can make the playoffs.

We can’t make the playoffs without better players. To get them we have to spend money to continually improve facility and personnel wise.

Those extra pennies the athletic department saves by scheduling shltty opponents isn’t going in anyone’s pockets.
I know it’s a typo, but it looks like a cool new word.
 
Counter-sue.

If they lose, or if the case gets tossed out - require everyone at ASU to tie turpentine rags around their ankles, shave their heads, and wear purple hats.

Girls too.
 
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Bad weather isn't Miami's fault either. Arkansas State was also aware that Miami gets hurricanes and it's not the first time a hurricane affects one of our game. They too took a chance here. That's why clauses like this exist and they agreed to it. You give yourself an out or at least a chance to accommodate when something out of your control happens making performance impracticable. That's a much higher standard than inconvenient. Inconvenience doesn't cut it, but equity can excuse performance because forcing someone to follow through is unfair in light of unforeseen circumstances. That's how our system works. It sounds like you want Miami to pay for scheduling this kind of game and want Miami to "learn a lesson" here.

I want Miami to conduct itself honorably, which means standing by our commitments. I also want this team to have tougher skin.... I think it sends a terrible message that we run and hide at the first sign of bad weather.

If I were the coach, we would have played the game rain or shine. I'm not releasing the players so they can go be with their mommies. I want hard asses on my team, not mommas boys. And the way we acted during the "hurricane" that never even hit us.... it was weak as ****.

As far as I'm concerned, we're ducking Arkansas State. We need to man up and prove that we can go to their house and beat them. Shut them up on the field.
 
I want Miami to conduct itself honorably, which means standing by our commitments. I also want this team to have tougher skin.... I think it sends a terrible message that we run and hide at the first sign of bad weather.

If I were the coach, we would have played the game rain or shine. I'm not releasing the players so they can go be with their mommies. I want hard asses on my team, not mommas boys. And the way we acted during the "hurricane" that never even hit us.... it was weak as ****.

As far as I'm concerned, we're ducking Arkansas State. We need to man up and prove that we can go to their house and beat them. Shut them up on the field.

Get this troll out of here

If this is isn’t band worthy I don’t know what is

I know it’s trolling and he can’t possibly believe what he’s writing, but it’s just so incredibly stupid it crosses the line
 
I want Miami to conduct itself honorably, which means standing by our commitments. I also want this team to have tougher skin.... I think it sends a terrible message that we run and hide at the first sign of bad weather.

If I were the coach, we would have played the game rain or shine. I'm not releasing the players so they can go be with their mommies. I want hard asses on my team, not mommas boys. And the way we acted during the "hurricane" that never even hit us.... it was weak as ****.

As far as I'm concerned, we're ducking Arkansas State. We need to man up and prove that we can go to their house and beat them. Shut them up on the field.

Wish someone would shut you up permanently on this site. You're useless.
 
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I want Miami to conduct itself honorably, which means standing by our commitments. I also want this team to have tougher skin.... I think it sends a terrible message that we run and hide at the first sign of bad weather.

If I were the coach, we would have played the game rain or shine. I'm not releasing the players so they can go be with their mommies. I want hard asses on my team, not mommas boys. And the way we acted during the "hurricane" that never even hit us.... it was weak as ****.

As far as I'm concerned, we're ducking Arkansas State. We need to man up and prove that we can go to their house and beat them. Shut them up on the field.

Just so I'm clear you consider taking care of people that are important to you as being soft?
 
Get this troll out of here

If this is isn’t band worthy I don’t know what is

I know it’s trolling and he can’t possibly believe what he’s writing, but it’s just so incredibly stupid it crosses the line

You've just reminded me of why I had you on "ignore" for the past several months. Don't worry, you're gonna go right back on there as soon as I figure out how to do that on this new site.

But since I have to read your posts for the time being, let me say this.

Stop crying to the mods. The only one doing anything worthy of a ban here is you, with your constant personal attacks.... not just on me, but on several people. But you don't see me crying to the moderators about that... because nothing you do affects me in the slightest.

But the difference between you and I is that I would never act like you, and I never attack anyone. I just state my opinion, and it is what it is. Mature people, like OriginalCanes, just disagree in a civil way. But you haven't shown you can do that, hence why you landed on the "ignored" list in the first place.
 
Update from Vegas....

A team of CIS assembled attorneys paid only in Canes Wear giftcards and Big Cheese coupons is a 31 pt favorite over the Arky State laul-yerz.
 
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You've just reminded me of why I had you on "ignore" for the past several months. Don't worry, you're gonna go right back on there as soon as I figure out how to do that on this new site.

But since I have to read your posts for the time being, let me say this.

Stop crying to the mods. The only one doing anything worthy of a ban here is you, with your constant personal attacks.... not just on me, but on several people. But you don't see me crying to the moderators about that... because nothing you do affects me in the slightest.

But the difference between you and I is that I would never act like you, and I never attack anyone. I just state my opinion, and it is what it is. Mature people, like OriginalCanes, just disagree in a civil way. But you haven't shown you can do that, hence why you landed on the "ignored" list in the first place.

You’re so willfully stupid you deserve every bit of scorn and personal animus you get.

By the way, you’re an anonymous porster, so personal attacks on you are basically meaningless in this context.

But you do attack people, you just just attacked a bunch of real people, who are not anonymous, and called them the following:
weak
dishonorable
unmanly
momma’s boys and cowards

Because they made a decision they though was the safest for them and their families.

You’re just totally pathetic.
 
You’re so willfully stupid you deserve every bit of scorn and personal animus you get.

By the way, you’re an anonymous porster, so personal attacks on you are basically meaningless in this context.

But you do attack people, you just just attacked a bunch of real people, who are not anonymous, and called them the following:
weak
dishonorable
unmanly
momma’s boys and cowards

Because they made a decision they though was the safest for them and their families.

You’re just totally pathetic.

To be clear, I'm attacking Blake James, Mark Richt, and the UM admin. It's they who made the call to cancel the game. I'm not blaming the players because they had no part in the decision. But it sets a bad example for the players when we exude weakness from the top down.

Ducking Arkansas State due to a storm that never even hit Miami is all of those things you listed. Weak, dishonorable, unmanly, etc. That's how I feel about it. The Miami brass deserve to take it on the chin for this one.
 
Original Canes is right on every point he has made. The Force Majure clause absolutely applies and is not irrelevant as the A.State counsel claims because the game was in Arkansas.

What I haven't seen discussed is how terrible this contract was, and how vague all of the cancellation terms are. I believe this lack of depth is going to open the door to consideration of additional circumstances - A.State knew they were scheduling a football game with a team located in Miami, during hurricane season, with the ******* nickname HURRICANES. They know we typically only schedule one away OOC game per year, they know these schedules are made years in advance, it is obvious that a rescheduled game would not be likely during the season as they know there is only one bye week and they knew it would be likely we would not have an agreeable opening for several years in the future.

We offered to play in 2025, I believe that fully satisfied our responsibility. Otherwise, they should have put into the contract that any rescheduled game will be played in a specific year or as soon as possible - which we probably would not have agreed to. They are trying to invent terms that do not exist in the contract and their letter seems pretty **** amateurish.

I'd love to see them actually file a lawsuit claiming that we should have sent 100's of individuals a 3rd of the way across the country, away from their homes and family, on the eve of one of the strongest recorded storms in history, during a state of emergency.

Also ridiculous that there is not an attorney's fee provision for the prevailing party in this contract.
 
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To be clear, I'm attacking Blake James, Mark Richt, and the UM admin. It's they who made the call to cancel the game. I'm not blaming the players because they had no part in the decision. But it sets a bad example for the players when we exude weakness from the top down.

Ducking Arkansas State due to a storm that never even hit Miami is all of those things you listed. Weak, dishonorable, unmanly, etc. That's how I feel about it. The Miami brass deserve to take it on the chin for this one.

You’re attacking the players with the same personal attacks as you are the coaches, as they were in total agreement.

You are literally the worst poster here and a complete imbecile.

I still think you’re an escaped mental patient with a laptop and an internet connection.
.
 
I want Miami to conduct itself honorably, which means standing by our commitments. I also want this team to have tougher skin.... I think it sends a terrible message that we run and hide at the first sign of bad weather.

If I were the coach, we would have played the game rain or shine. I'm not releasing the players so they can go be with their mommies. I want hard asses on my team, not mommas boys. And the way we acted during the "hurricane" that never even hit us.... it was weak as ****.

As far as I'm concerned, we're ducking Arkansas State. We need to man up and prove that we can go to their house and beat them. Shut them up on the field.


I'm going to be polite, which I am not famous for when dealing with garbage like this.

Here's why you are being ridiculous. You are inventing "manly" standards to apply to a situation that has nothing to do with "manliness", and you are dismissing equally valid displays of "manliness", such as protecting the family home, and protecting one's actual family.

And, quite frankly, I don't care if you are a UM fan or a rival troll, but when using "run and hide" and "ducking", quite frankly, I think you should just burn all your UM gear and find another program to root for. Heck, you live in Dallas, I'm sure there are plenty of manly Texas teams to root for, since you are belittling the issues that Floridians face during a major hurricane.

Your entire "manly" argument falls apart upon consideration of a few simple issues. As I have pointed out before, Arkansas State was the second-easiest game on our schedule. If you honestly believe that we "ducked" the second-easiest game on our schedule, when it is already well-established that the consideration for playoff teams is DATA-POINTS, then you are being moronic. Setting aside personal safety, OF COURSE Miami would have wanted to play the game and run up the score. I already mentioned how UCF lost out on the Final Four due to playing Austin Peay instead of Georgia Tech and Maine. If you are insane enough to believe that Miami was "ducking" the second-easiest game on the schedule, then we need to cancel football, because there are 10 harder games out there each year.

As for your ridiculous assumptions about how the players feel, or what lessons they gather, or what they believe about UM's actions versus, say, FAU's actions, you don't have to guess, you don't have to use your own idiotic perspective. Dozens of players spoke freely, and I can tell you this for a fact - the FAU players were NOT happy with FAU's decisions, and the actual results of those decisions, and the UM players WERE happy with UM's decisions.

The fact that you actually typed "We need to man up and prove that we can go to their house and beat them" is indicative of your brain-dead assessment. No, we don't "need" to "man up" and "prove that we can go to their house and beat them". There are over 100 Division I-A teams. We can't play them all on the road just to establish manliness. What's next, that Maine will start trash-talking UCF? That UMass will start trash-talking USF? That Northern Colorado will start trash-talking Florida? And that all three of those Florida schools have to "man up" and "prove that they can beat them"?

Oh, but you think you can coast by trying to blame Blake James and Mark Richt. Insane. They made the same decision that multiple other schools made, and we are not the only school to cancel a game during the 2017 season.

I'm not saying that we should not pay A-State because we didn't play the game and I want the contract voided. I'm saying that we should not pay A-State because they were the ONLY program out of two dozen impacted programs to complain and try to humiliate a Florida-based school that was looking out for the families of its student body.

If you really want to analyze this mess with "manly" terminology, then why don't you focus on what a ***** A-State was both before and after the hurricane. Sure, it's disappointing that the game wasn't played, but A-State is the only school in the country that made it ALL ABOUT THEM and whined about it.

Complain about THAT, Meat.

F A-State.
 
I'm not reading through all of this because nobody's paying me. But a couple of quick points.

A hurricane obviously qualifies as a force majeure event, but how a ******' contract for the University of Miami Hurricanes doesn't explicitly reference hurricanes in such a clause is beyond me.

Also, that force majeure clause should not have employed the word "impossible." That's a difficult standard to meet in any circumstance. Some really lazy lawyering by our attorneys.

We'll settle for a lesser sum and call it a day, IMO. **** second rate Arkansas State.
 
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You've just reminded me of why I had you on "ignore" for the past several months. Don't worry, you're gonna go right back on there as soon as I figure out how to do that on this new site.

But since I have to read your posts for the time being, let me say this.

Stop crying to the mods. The only one doing anything worthy of a ban here is you, with your constant personal attacks.... not just on me, but on several people. But you don't see me crying to the moderators about that... because nothing you do affects me in the slightest.

But the difference between you and I is that I would never act like you, and I never attack anyone. I just state my opinion, and it is what it is. Mature people, like OriginalCanes, just disagree in a civil way. But you haven't shown you can do that, hence why you landed on the "ignored" list in the first place.

You never attack anyone, expect the actual people at my university.

You're a sad, pathetic man who would never have the balls to say any of this if you weren't anonymous.

Accusing Miami of ducking Ark St, especially given the hurricane killed people and caused a lot of damage, would get you band from any other UM site, don't see why it should be different here. And you're mature? lol, you spend 24/7 whining about a school you never attended and a football team you hate. Yep, real mature
 
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