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AState preparing to file Lawsuit against Miami
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asuwon Offline
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Post: #61
RE: AState preparing to file Lawsuit against Miami
(03-05-2018 01:56 PM)arkstfan Wrote:  
(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".

A judge should be able to explain the difference.
03-05-2018 03:03 PM
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Tom in Lazybrook Offline
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Post: #62
RE: AState preparing to file Lawsuit against Miami
I think A State should say...You know what, we'll reschedule the game for 2025 with the following two conditions.

1) The buyout clause is 20 million if you subsequently cancel and no force majure clause will apply
2) Miami will pay interest at 5% on the current buyout clause for the delayed period. Miami already got its revenue. Why should Ark State effectively loan Miami money during the delay period.

Miami has no intention of playing the game - ever, IMHO. They just want to avoid paying the buyout for 10 years.

Seriously Miami, you that hard up that you can't afford 800 grand?

----

I'm glad Ark State is suing them. We're now seeing games cancelled because of weather impacting OTHER weeks' games too. A contract, is a contract, is a contract. Its not Ark State's fault Miami doesn't want to play the game in 2019 or 2020. And why don't they? Way I see it, Miami could still have six home games in 2020 if they play at Ark State that year. Heck, I'll bet Ark State would buy out Southern Illinois (and actually pay them) in 2019. Miami has six home games already scheduled that year.
(This post was last modified: 03-05-2018 03:56 PM by Tom in Lazybrook.)
03-05-2018 03:44 PM
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HighCountry Offline
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Post: #63
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]

The last teams Miami has added to it's schedule were:

Alabama in 2021, 4 years in advance
Central Michigan in 2019, 2 years in advance
Temple in 2020 & 2023, 3/6 years in advance
Bethune-Cookman, ~8 months in advance
Florida in 2019, 3-4 years in advance
App State in 2016 & 2021, 1/6 years in advance

(full disclosure, I copied this from a TAMU fan on Reddit)
03-05-2018 04:30 PM
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Tom in Lazybrook Offline
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Post: #64
RE: AState preparing to file Lawsuit against Miami
Fun with math, U of Miami style

Take something that you own (say the rights to a home football game) that is worth $650,000 in 2017. Delay that until 2024. Assuming a 5% interest rate, that payment that should have been made in 2017 is only worth $340,000 in 2017 dollars if you can delay it until 2024. If its Miami's plan (duh) to simply schedule the game in 2024 and then cancel in late 2023, then basically they can cut their present value of their liability almost in half. All at Arkansas State's expense

In other words, if Arkansas State had to borrow the amount of money they lost by not having the home game in 2017, to be repaid in 2024, they'd have to pay 310,000 in interest on that loan if done at 5%

And that's before Ark State is left scrambling at the last minute to replace a home game that Richt and the U probably have no intention of playing.

Basically, Miami is probably trying to weasel not only out of the game, but out of the payment.

And if Miami can delay the game until 2024, what's stopping them from just delaying it in the future, forever? 2023 rolls around and Miami just says....oops we needed an 8th home game with Bethune Cookman, so we're rescheduling our trip to Jonesboro to 2040 or so. IF there's no reasonable time frame for the return game, then in effect, there IS no effective contract requiring Miami to perform anything.

Some sort of present value of money calculation should figure in the Ark State lawsuit.
(This post was last modified: 03-05-2018 08:28 PM by Tom in Lazybrook.)
03-05-2018 07:56 PM
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RonBurgundy Offline
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Post: #65
RE: AState preparing to file Lawsuit against Miami
Really hope Arky State comes out on top in this whole matter. Need to show the P5 teams that they gotta follow through with their agreements.
03-05-2018 08:32 PM
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Senatobia Offline
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Post: #66
RE: AState preparing to file Lawsuit against Miami
(03-05-2018 04:30 PM)HighCountry Wrote:  
(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]

The last teams Miami has added to it's schedule were:

Alabama in 2021, 4 years in advance
Central Michigan in 2019, 2 years in advance
Temple in 2020 & 2023, 3/6 years in advance
Bethune-Cookman, ~8 months in advance
Florida in 2019, 3-4 years in advance
App State in 2016 & 2021, 1/6 years in advance

(full disclosure, I copied this from a TAMU fan on Reddit)

They have dates open they could play, but want to schedule "home" games against FCS schools rather than travel to Jonesboro to fulfill the contract.
The arrogance exhibited is unmatched by anything I have ever witnessed.
03-05-2018 08:52 PM
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Fanof49ASU Offline
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Post: #67
RE: AState preparing to file Lawsuit against Miami
(03-05-2018 08:32 PM)RonBurgundy Wrote:  Really hope Arky State comes out on top in this whole matter. Need to show the P5 teams that they gotta follow through with their agreements.

In my legal opinion...(I’ve been around since the TribalGrounds days....I’m almost ready to take the bar)...Miami doesn’t have a prayer. Everybody hates them, especially in Florida.
03-05-2018 09:47 PM
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sdcritter Offline
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Post: #68
RE: AState preparing to file Lawsuit against Miami
This is their preemptive move to get this out of Arkansas courts. They seem to think they'll do better in a federal court. I think that will backfire on them. It's a lot easier to play the shenanigan game in district courts. All they have is shenanigans at this point. I'm not a lawyer. Just a guy who's covered a lot of trials in the past as a newspaper man.
03-05-2018 10:29 PM
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ark30inf Offline
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Post: #69
RE: AState preparing to file Lawsuit against Miami
(03-05-2018 10:29 PM)sdcritter Wrote:  This is their preemptive move to get this out of Arkansas courts. They seem to think they'll do better in a federal court. I think that will backfire on them. It's a lot easier to play the shenanigan game in district courts. All they have is shenanigans at this point. I'm not a lawyer. Just a guy who's covered a lot of trials in the past as a newspaper man.
Been refamiliarizing myself today. Near as I can tell, a private entity in Florida cannot sue the sovereign State if Arkansas in Federal Court. 11th Amendment.

Fairly recent ruling allows suit of a State in another State's courts by another State though. Not sure how a private entity suing a State in another State's courts goes though.

What happens when two different State's courts assert jurisdiction and have contrary rulings I do not know either. Who resolves that if there is no Federal jurisdiction.

I will say that Miami must be some broke-ass sb's to go to this trouble over a lousy $650k buyout.

If a G5 schedules Miami in the future they would be wise to insist on every t crossed and i dotted.

Sent from my SAMSUNG-SM-G870A using Tapatalk
03-05-2018 10:56 PM
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arkstfan Away
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Post: #70
RE: AState preparing to file Lawsuit against Miami
(03-05-2018 10:29 PM)sdcritter Wrote:  This is their preemptive move to get this out of Arkansas courts. They seem to think they'll do better in a federal court. I think that will backfire on them. It's a lot easier to play the shenanigan game in district courts. All they have is shenanigans at this point. I'm not a lawyer. Just a guy who's covered a lot of trials in the past as a newspaper man.

They filed in state court. They would get bounced from Federal Court under the 11th Amendment.

Since the game was scheduled to be played in Arkansas quite possible the Florida court will bounce it for lack of jurisdiction.
03-06-2018 01:33 AM
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