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AState preparing to file Lawsuit against Miami
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Rik Flair Offline
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Post: #51
RE: AState preparing to file Lawsuit against Miami
Like many, I was disappointed when the game was cancelled. As the week went on, I respected their decision to cancel. Doesn't mean they could not have played the game, or found a way to honor the contract. Other schools kept their games, rescheduled, or paid the contract amount for cancellation. Miami is the only school that has not honored a contract in one way or another. They called stAte's bluff and here we are.

$650k doesn't even come close to making the university or the town whole, but that is what the contract says so that is what should be paid.
02-16-2018 11:29 AM
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ApexRedWolf Offline
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Post: #52
RE: AState preparing to file Lawsuit against Miami
IMO, the only effect this will have on future game scheduling with either A-State or Miami is this...
The force majure clause will be reworked to be more explicit when dealing with hurricanes for both schools' future contracts.

A-State will still be "poor" when compared against the FBS world.
Miami will still be "poor" when compared against the P5.

Any person that says..."A-State won't be able to schedule future P5s home and home games in the future." Are you effing serious? How out of touch with the world of college football are you?! Is was damn near impossible for A-State to schedule P5 home games before. You think this is really going to make a difference.

Let's be real here. You don't sign a home and home with Arkansas State because (what's Miami's reason they give...oh yeah...) "We have the money, we just choose not to spend it the way other P5s do." Or "We'll play anyone, anytime, anyplace because we aren't scared. That's why we sign these contracts."

From the reaction in the Miami media, fans on social media, etc. I have decided that Miami fans are as delusional as U. of Arkansas fans when it comes to their place in the world of college football- just the opposite though. Arkansas thinks they have it on the field, and are viewed on par with Alabama outside NW AR but are really financially powerful. On the other hand, Miami has won on the field, but is financially poor and their athletics program is viewed negatively outside of south Florida. (By the way, they believe this its a big media conspiracy to project them as "thugs".)
Two out of touch fanbases.
02-16-2018 12:38 PM
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Florida RedWolf Offline
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Post: #53
RE: AState preparing to file Lawsuit against Miami
(02-12-2018 02:56 PM)airtroop Wrote:  
(02-12-2018 12:55 PM)chiefsfan Wrote:  
(02-12-2018 12:51 PM)Saint3333 Wrote:  So I guess the lawyers win!

That's what we pay them for!

I'd be surprised if Miami doesn't end up paying all court costs and legal fees in the likely event they lose the case.

do

Sure they will pay those fees. That is what losers do. Pay the damages and the associated costs.
02-16-2018 06:49 PM
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Florida RedWolf Offline
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Post: #54
RE: AState preparing to file Lawsuit against Miami
(02-14-2018 11:00 PM)msm96wolf Wrote:  
(02-14-2018 10:12 PM)chiefsfan Wrote:  
(02-14-2018 09:48 PM)msm96wolf Wrote:  
(02-14-2018 02:32 PM)ark30inf Wrote:  Most people on social media seem to comprehend it. Notable exceptions being Miami fans, Jonesboro Hog fans, and App State's Black and Gold. I can live with that.

Even non-Jonesboro Hog fans are mostly sympathetic and we even got an unlikely supportive editorial from Wally Hall.

Any other P5 would have just paid the pocket change and moved on.

Sent from my SAMSUNG-SM-G870A using Tapatalk

Okay, first I will say, the moral thing to do is pay the 650K. Sadly, moral is not the same as legal.

Now that has been said, I think some points are being missed. Most ACC schools schedule 7 home games which means 1 OOC away game. Miami already has scheduled OOC away games for those years, so 25 & 26 are the legitimate years available. FBS games were canceled that year due to the Hurricane and I believe item 14 is a valid legal point. It will be interesting where they lawsuit should be filed. Since the contract is an ACC letterhead contract, does the lawsuit happen in NC where the ACC is or Arkansas where ASU is? Contract lawyers are welcomed to chime in. Finally, I imagine the ACC will likely deter ACC teams to have any future games with ASU, especially payday games.

My prediction it will be arbitrated with ASU getting 400-500K settlement with lawyer fees eating heavily into the cost.

No one cares that Miami thinks it needs 7 home games every year. That's not our problem. It is their responsibility to schedule the game at the earliest possible time. Not to just do it whenever they feel like the shoe fits

In this case, Arkansas State is a public institution, and Miami is private. and the breach of contract occurred in Arkansas, so it will be filed in a Jonesboro court.

3rd: Spare me with the ACC won't schedule us nonsense. Do you have any idea how many games we've played against ACC teams in the last decade? Two. We simply don't schedule ACC teams because the ACC has a bunch of cheap wads for schools that think a payday game is a 1 million dollar check. We value ourselves at 1.9 million dollars, and if a glorious P5 school wants the opportunity to play us, that's what they are paying or no dice.

However if you read the contract, it is an Atlantic Coast Competition agreement, ACC is based in Greensboro, NC. It is not just Miami, it is the Atlantic Coast Conference that will need to be sued per the contract. Look for the ACC to say the suit should be in NC court system, not Florida or Arkansas. Again, not a contract lawyer but would love to hear from a contract lawyer. Really seeing this going to arbitration with Miami paying more than 300K and AKS getting less than 650K. It can be said Miami offered future dates and ASU refused. It all depends on how a judge or arbitrator views this clause. The ACC will be helping Miami since this was a conference contract.

I will say, it should be a drop in the bucket and Miami should have at least offered 450K just to avoid the talk of a lawsuit because neither side will come out a winner.



UM signed the contract, not the ACC. They have nothing to say about it.
02-16-2018 06:55 PM
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AppinVA Offline
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Post: #55
RE: AState preparing to file Lawsuit against Miami
I see the sentiment about stAte damaging its ability to schedule future games with ACC schools, but going foreword what G5 school in their right mind would schedule Miami in a series that has them heading to Coral Gables first? I wouldn’t.
(This post was last modified: 02-16-2018 10:57 PM by AppinVA.)
02-16-2018 10:57 PM
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ark30inf Offline
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Post: #56
RE: AState preparing to file Lawsuit against Miami
(02-16-2018 10:57 PM)AppinVA Wrote:  I see the sentiment about stAte damaging its ability to schedule future games with ACC schools, but going foreword what G5 school in their right mind would schedule Miami in a series that has them heading to Coral Gables first? I wouldn’t.

It is strange. I really don't know why Miami is going through this unless they really are dead broke. Getting Arkansas lawyers or sending lawyers able to practice in Arkansas for a case with a questionable outcome. Getting laughed at by a lot their in-state rival fans. Probably making future G5 and FCS opponents want more ironclad guarantees.
02-17-2018 12:25 AM
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chiefsfan Offline
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Post: #57
RE: AState preparing to file Lawsuit against Miami
Suit was filed in Craighead County District Court today.

https://caseinfo.aoc.arkansas.gov/cconne...&end_date=
02-17-2018 01:15 AM
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