One can only imagine the recruiting implications that astute competitors can find in a University ADMITTING that they are the worst football program in all of America.
The contract called for a penalty of $150,000 per game if a date with a “team of similar stature” could not be arranged.Duke’s lawyers argued that the Blue Devils, who are 6-45 the past five seasons, are so bad that any team would be a suitable replacement.Judge Shepherd agreed in his summary:
“At oral argument, Duke (with a candor perhaps more attributable to good legal strategy than to institutional modesty) persuasively asserted that this is a threshold that could not be any lower. Duke’s argument on this point cannot be reasonably disputed by Louisville.”
According to Shepherd, finding a suitable replacement literally meant any NCAA Division I team would suffice — including those in the Football Championship Subdivision (formerly known as Division I-AA).
After the teams played their initial game in 2002 — a 40-3 U of L win in Durham, N.C. — Duke opted out of the remaining games in 2007, 2008 and 2009.
Once I read this I realize that either (a) the judge really whiffed or (b) Louisville was represented by moron’s.
Duke’s point in the case was that ‘we are the worst, so anyone that L’ville scheduled would be a ‘better’ replacement’.
Louisville’s point should have been that the goal was not to schedule a good team…the goal was to schedule a guaranteed win in Division One’ (against a recognizable name from a BCS conference).
Duke’s admission of their program’s lowly stature would have actually proved Louisville’s case — there is NO OTHER program as bad as Duke’s in Division One that would have provided L’ville the sure win.
buy an ultrasound machine today.
