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AState preparing to file Lawsuit against Miami
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ark30inf Offline
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Post: #41
RE: AState preparing to file Lawsuit against Miami
(02-15-2018 04:11 PM)GoAppsGo92 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.

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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.

The only concern I would have as stAte is that taking Miami to court or arbitration will lead to a reluctance in other teams scheduling them. If you guys think the risk is minor and that it won’t hurt them then go for it. That’s obviously the calculation they are making.
I don't think most P5's are worried about getting sued for not paying their buyouts because the vast majority pay their buyout or reschedule when things happen.

Miami should probably worry that G5's and FCS are going to start wanting stricter contract language and higher buyouts from them.

Which is worse, our wanting the contracted buyout amount...or them wanting to stiff us for it?

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02-15-2018 04:15 PM
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msm96wolf Offline
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Post: #42
RE: AState preparing to file Lawsuit against Miami
Somehow I doubt there will be issues with Miami getting games. This series really never made sense, there are too many east coast G5 to do Home/Home. I doubt Miami will have problems getting G5 schools from Florida, Georgia, Alabama, NC, SC, VA G5 contracts. I don't think it is a slam dunk as ASU fans think but I think a school like Miami going through this with a school like ASU makes no sense (Not a slam on ASU, I would say the same if it was a MAC or CUSA West School). The legal costs and PR for Miami seems it will be more than just paying 650K even if they win.
02-15-2018 05:40 PM
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Boca Rocket Online
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Post: #43
RE: AState preparing to file Lawsuit against Miami
The Canes travel to Toledo 09/15/18
02-15-2018 05:45 PM
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msm96wolf Offline
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Post: #44
RE: AState preparing to file Lawsuit against Miami
(02-15-2018 05:45 PM)Boca Rocket Wrote:  The Canes travel to Toledo 09/15/18

Well if there is a hurricane forecasted, Toledo knows Miami playbook now. 03-lmfao
02-15-2018 07:14 PM
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sdcritter Online
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Post: #45
RE: AState preparing to file Lawsuit against Miami
Bottom line, their budget can't afford the hit and they think they have a case to skate on the payout. This will settle out of court and conditions will be sealed. Book it. You heard it here first. :)
02-15-2018 08:03 PM
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ark30inf Offline
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Post: #46
RE: AState preparing to file Lawsuit against Miami
(02-15-2018 05:40 PM)msm96wolf Wrote:  Somehow I doubt there will be issues with Miami getting games. This series really never made sense, there are too many east coast G5 to do Home/Home. I doubt Miami will have problems getting G5 schools from Florida, Georgia, Alabama, NC, SC, VA G5 contracts. I don't think it is a slam dunk as ASU fans think but I think a school like Miami going through this with a school like ASU makes no sense (Not a slam on ASU, I would say the same if it was a MAC or CUSA West School). The legal costs and PR for Miami seems it will be more than just paying 650K even if they win.

There will be no issues getting games, but a G5 or FCS would be foolish to rely on goodwill and good faith on the buyout after this. This will not be the only hurricane ever to cancel games in Florida.

Other Florida schools played the game, rescheduled quickly, or paid the buyout. You can have a good idea that they will do similar in the future. You can also have a good idea that Miami will behave in this manner.

The series made sense because Miami, unlike a lot of P5's, did not want to pay for a buy game and wanted to save money instead.

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02-15-2018 11:23 PM
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Fanof49ASU Offline
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Post: #47
RE: AState preparing to file Lawsuit against Miami
(02-15-2018 04:11 PM)GoAppsGo92 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.

The only concern I would have as stAte is that taking Miami to court or arbitration will lead to a reluctance in other teams scheduling them. If you guys think the risk is minor and that it won’t hurt them then go for it. That’s obviously the calculation they are making.

It’s Miami. No one cares.
02-15-2018 11:48 PM
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chiefsfan Offline
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Post: #48
RE: AState preparing to file Lawsuit against Miami
(02-15-2018 04:11 PM)GoAppsGo92 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.

The only concern I would have as stAte is that taking Miami to court or arbitration will lead to a reluctance in other teams scheduling them. If you guys think the risk is minor and that it won’t hurt them then go for it. That’s obviously the calculation they are making.

I'm not overly worried about scheduling. I've mentioned this before, but we almost never play ACC teams generally because they are all cheap wads when it comes to buy games. There are only a couple that can afford us, and we're just not likely to venture to Florida State or Clemson for a game.

We're at a point right now where we're able to pick and choose our opponents. Have turned down a lot of offers for buy games in the next few years because we don't feel the game is advantageous to us.

Perhaps we'll have a hard time getting P5 teams to come to Jonesboro, but that was already darn near impossible.
02-16-2018 12:02 AM
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timber Offline
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Post: #49
RE: AState preparing to file Lawsuit against Miami
(02-14-2018 02:24 PM)RedWolfington Wrote:  
(02-13-2018 10:37 PM)timber Wrote:  Hurricane > Ark St....but they should reschedule.

Yeah, hurricane had zero to do with it. It was used as an excuse.
Not many hurricanes around Jonesboro except at JHS

Not worth debating, they should reschedule the game but I have 0 issues with them cancelling it originally.
02-16-2018 02:12 AM
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boroeagle2 Offline
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Post: #50
RE: AState preparing to file Lawsuit against Miami
I got into a mild twitter argument with an Atlanta radio personality who is a Canes fan about this last night. Then I remembered I didn't really care so I gave up.
02-16-2018 07:58 AM
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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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ApexRedWolf Offline
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Post: #58
RE: AState preparing to file Lawsuit against Miami
https://247sports.com/college/arkansas-s...-115865052

Miami files suit two days before deadline to pay A-State.

01-rivals
03-05-2018 01:38 PM
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ApexRedWolf Offline
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Post: #59
RE: AState preparing to file Lawsuit against Miami
In case you didnt know, football programs like Miami's have to schedule games years in advance... unlike you peons.

From their lawsuit, "43. While ASU may be disappointed that Game 2 could not be rescheduled to an earlier date, planning games such as these usually is done yearsin advance, particularly for a football program like UM’s."

[Image: giphy.gif]
03-05-2018 01:48 PM
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Post: #60
RE: AState preparing to file Lawsuit against Miami
(03-05-2018 01:48 PM)ApexRedWolf Wrote:  In case you didnt know, football programs like Miami's have to schedule games years in advance... unlike you peons.

From their lawsuit, "43. While ASU may be disappointed that Game 2 could not be rescheduled to an earlier date, planning games such as these usually is done yearsin advance, particularly for a football program like UM’s."

[Image: giphy.gif]

They still seem unable to grasp the difference between "impossible" and "I don't want to".
03-05-2018 01:56 PM
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