The University of Miami was first to file a lawsuit against Arkansas State over a football game cancelled due to Hurricane Irma.
According to the Arkansas Democrat-Gazette, Miami filed a lawsuit Feb. 13 for “declaratory relief” regarding the cancelled game. That lawsuit was submitted three days prior to one filed by ASU for breach of contract.
ASU issued Miami an ultimatum on Feb. 12, saying it would sue unless Miami paid the game contract’s $650,000 buyout or promptly reschedule the canceled game. Miami declined to do either and thus ASU filed suit on Feb. 16.
Who did what and when is important, as it will ultimately decide which school has jurisdiction over the case.
"We are not surprised that Miami took this step," ASU System General Counsel Brad Phelps said in a statement, "and we will respond to their lawsuit in due course."
The Democrat-Gazette reported that both lawsuits are aimed at understanding whether Hurricane Irma made it "impossible to play the game," which would free both parties from paying liquidated damages due to a "force majeure" clause that was included in the contract.
