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Author Topic: A-State to sue Miami if payment not made for cancelled game  (Read 258 times)

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Seminole Indian

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A-State to sue Miami if payment not made for cancelled game
« on: February 12, 2018, 12:36:54 pm »

JONESBORO, AR (KAIT) -
Arkansas State University may file a lawsuit against the University of Miami over a football game that was cancelled during the 2017 season.

A letter released to Region 8 News from A-State indicates Miami must pay the Red Wolves $650,000 by Thursday, Feb. 15. The amount was based on a contract signed between the universities in 2013.

The game, which would have been the home opener for the Red Wolves, was scheduled for Sept. 9, 2017, and cancelled as Hurricane Irma approached Florida.

Furthermore, the letter indicated Miami had no intention of paying the sum during a telephone conversation.

The letter concluded:

Unless Miami changes course on or before February 15, 2018, we will begin the process of filing a lawsuit against the University of Miami in the appropriate Arkansas state court.

ASU System General Counsel Brad Phelps had the following statement:

It is very unfortunate that we have been unable to resolve this matter, and we remain hopeful this can be worked out without the need for litigation. Ultimately that will be up to the University of Miami.

http://www.kait8.com/story/37484717/a-state-to-sue-miami-if-payment-not-made-for-cancelled-game
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Swestwill66

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Re: A-State to sue Miami if payment not made for cancelled game
« Reply #1 on: February 12, 2018, 12:42:55 pm »

JONESBORO, AR (KAIT) -
Arkansas State University may file a lawsuit against the University of Miami over a football game that was cancelled during the 2017 season.

A letter released to Region 8 News from A-State indicates Miami must pay the Red Wolves $650,000 by Thursday, Feb. 15. The amount was based on a contract signed between the universities in 2013.

The game, which would have been the home opener for the Red Wolves, was scheduled for Sept. 9, 2017, and cancelled as Hurricane Irma approached Florida.

Furthermore, the letter indicated Miami had no intention of paying the sum during a telephone conversation.

The letter concluded:

Unless Miami changes course on or before February 15, 2018, we will begin the process of filing a lawsuit against the University of Miami in the appropriate Arkansas state court.

ASU System General Counsel Brad Phelps had the following statement:

It is very unfortunate that we have been unable to resolve this matter, and we remain hopeful this can be worked out without the need for litigation. Ultimately that will be up to the University of Miami.

http://www.kait8.com/story/37484717/a-state-to-sue-miami-if-payment-not-made-for-cancelled-game

Don't care!
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holeinthewall

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Re: A-State to sue Miami if payment not made for cancelled game
« Reply #2 on: February 12, 2018, 01:16:58 pm »

Simple solution they both have open the 9/12 date in 2020. Play the [CENSORED] game then.
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DeltaBoy

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Re: A-State to sue Miami if payment not made for cancelled game
« Reply #3 on: February 12, 2018, 01:30:14 pm »

Play in 2020 or the Canes need to pay up.
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holeinthewall

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Re: A-State to sue Miami if payment not made for cancelled game
« Reply #4 on: February 12, 2018, 02:19:15 pm »

Play in 2020 or the Canes need to pay up.

One thing the court will have to decide is the contact had an out clause for a natural disaster.  Since the Miami campus was closed for 2 weeks after he hurricane hit what will a court do except make a few lawyers richer.
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jbcarol

Re: A-State to sue Miami if payment not made for cancelled game
« Reply #5 on: February 12, 2018, 06:51:28 pm »

Manny Navarro‏Verified account @Manny_Navarro

Arkansas State to UM football: Pay up the $650,000 or prepare to be sued


Quote
One-time Category 5 Hurricane Irma is still stirring up problems for the University of Miami.

Arkansas State University, which was set to play UM on Sept. 9, 2017, in a football game in Jonesboro, Arkansas, before it got canceled because of Hurricane Irma, sent a letter to UM on Monday saying if it does not receive the “liquidated damages’’ fee of $650,000 “on or before February 15, 2018, we will begin the process of filing a lawsuit against the University of Miami in the appropriate Arkansas state court.’’

Thursday is the deadline date for the $650,000 payment, per the original contract that was entered in May 2013.

The game has been a point of contention between the schools since UM announced the cancellation of all sporting events on Sept. 6, as Irma moved toward South Florida.

Arkansas State wanted badly to play the game regardless of the hurricane. The program, according to a letter to UM dated Monday and signed by ASU general counsel Brad Phelps, said ASU athletic director Terry Mohajir “offered to pay $86,000-$88,000 for the entire Miami team and staff to fly from Miami to Memphis on a separate air charter service to ensure that Miami could travel safely to Jonesboro and Miami’s contractual obligations with other air carriers were not impacted.

“Despite these offers, accommodations, and a number of other unilateral efforts on behalf of Arkansas State University, Miami refused to appear. This refusal caused Arkansas State University, the community of Jonesboro, and others significant harm.’’

ASU also wants to reschedule the game for 2020 or 2021, but UM athletic director Blake James “refused this offer’’ because of “prior scheduling agreements,’’ the letter said.

“I am aware of Arkansas State’s position on this matter,’’ James told the Miami Herald in an email. “We believe strongly in our standing and will not comment further as both parties’ attorneys bring this to resolution.’’

...

Note that the original game contract has a “Force Majeure’’ provision that says: “This contract shall be void with respect to any of the games in the event that it becomes impossible to play such game(s) by reason of an unforeseen catastrophe or disaster such as fire, flood, earthquake, war, epidemic, confiscation, by order of government, military or public authority or prohibitory or injunctive orders of any competent judicial or other government authority. Notice of such catastrophe or disaster shall be given as soon as possible.’’
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GolfNut57

Re: A-State to sue Miami if payment not made for cancelled game
« Reply #6 on: February 12, 2018, 07:16:09 pm »

Don't care!

Yet you cared enough to click on the topic.
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twistitup

Re: A-State to sue Miami if payment not made for cancelled game
« Reply #7 on: February 12, 2018, 07:24:37 pm »


ASU won't ever get the money...The “Force Majeure’’ mentioned above ensures that.
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