In a lawsuit filed days before Arkansas State University formally filed its own, the University of Miami said the Jonesboro institution “acted unreasonably” in rescheduling a contracted football game because of Hurricane Irma.
The Feb. 13 complaint made in Miami-Dade County, Fla., also argues that Miami isn’t required to pay liquidated damages “if it becomes impossible to play the game by reason of force majeure.”
"Although UM believes it has acted reasonably and in good faith in offering to ASU the Available Game 2 Dates, ASU has unreasonably refused to accept the Available Game 2 Dates and demanded earlier dates that are not available," Miami's suit states.
The document asks the court to relieve the university from any further rescheduling obligations.
An ASU spokesman said Monday that officials had been served that lawsuit.
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“We are not surprised that Miami took this step, and we will respond to their lawsuit in due course,” Arkansas State University System General Counsel Brad Phelps said in an emailed statement.
On Feb. 16, ASU sought $650,000 in a lawsuit filed in Craighead County related to the cancellation of a Sept. 9, 2017, game in Jonesboro because of Hurricane Irma.
A contract was signed between the football programs in 2013, stating that the Red Wolves would play in Miami during the 2014 season. The Hurricanes, meanwhile, would play in Jonesboro during the 2017 season.
It stipulated that if one team did not appear for one of the games, the other would receive damages of $650,000 by Feb. 15, 2018.
Information for this article was contributed by Brooks Kubena of the Arkansas Democrat-Gazette.