(03-08-2018 08:35 AM)HeartOfDixie Wrote: The shadow of all of this is that from a policy standpoint siding with A-State is essentially telling schools in Miami's position to be more concerned with contracts than with the safety and welfare of their student athletes and their families.
Also, it is kind of funny that people act as if the laws in Arkansas and Florida are somehow miles apart.
I think Arkansas State's argument that it was possible for Miami to play the game is a legal "Hail Mary"--probably won't work, but might as well try.
The more serious case is the fact that Miami isn't interested in scheduling in a reasonable time frame, placing a 7th home game above making Arkansas State whole. Or just paying the buyout.
(03-08-2018 12:32 PM)OdinFrigg Wrote: Doubtful a judge can order a game. That could be arbitrated though.
Expect the judge will look solely at financial loses claimed by both sides, and order one side to pay the discrepancy. The judge will be guided by the strict interpretation of the clauses in the contract with some reliance on precedence for anything ambiguous. This would pertain to any similar situations due to game cancellations, particularly as it relates to weather or other unexpected events that impact.
Most likely, they will treat the buyout number as a "liquidated damages" clause. When damages are likely to be sizable, but also hard to predict, and therefore the source of a huge legal mess, parties will often put a "liquidated damages" clause in, saying that losses from breaking this contract will be sizeable and hard to measure, so we're agreeing in advance on $X.
Since Miami and Arkansas State agreed in 2013 that cancelling the game would cost a $650,000 buyout, I figure the judge will say "that's the number." Even though the conditions for the $650,000 buyout may not apply.
(03-08-2018 07:10 PM)GE and MTS Wrote: Let's not rule out that Miami is postponing the game until 2024 or 2025 for Arkansas State to get better locker rooms.
That would be a better argument than anything Miami has put out, but I still don't think it holds any weight in court--presumably Arky State's locker rooms didn't suddenly become janky between 2013 and 2017.
Quote:In all seriousness, FIU and FAU played the games because they need the money. Georgia Southern needed the win (but failed to get it) and Florida State rescheduled theirs once it was apparent they needed it to be bowl eligible. Miami's game the following week against their biggest rival was cancelled. UCF had two games cancelled including a home game against Georgia Tech. Did they pay a cancellation fee or was that game rescheduled?
Miami-FSU was rescheduled, not cancelled. I'm not sure if UCF paid Georgia Tech a buyout, or if that's a pure "force majeure" case of "it's a poop sandwich, everybody has to take a bite". UCF is playing at Georgia Tech in 2020, anyway.
I don't think FIU vs Alcorn State in Birmingham was a big moneymaker for FIU. (Might have lost less money than it would have cost to buy out Alcorn State, though.)