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Losing helps Duke win football lawsuit
Submitted by jpg on 06/20/2008 - 11:37
A Kentucky circuit court verified Thursday what ACC fans have known since Steve Spurrier left Duke — the Blue Devils stink.
Duke won its breach of contract lawsuit with Louisville, according to the Courier-Journal, after its lawyers argued that at 6-45 over the past five seasons, the football program was so bad, any team would have been a suitable replacement for the Cardinals.
After a 40-3 loss in Durham in 2002, Duke backed out of a three-game series with Louisville. The Cards, in turn, sued for $450,000 for breach of contract. Except, as the Duke lawyers argued, the contract called for Duke to pay a penalty of $150,000 per game if a date with a “team of similar stature” could not be arranged.
Judge Phillip J. Shepherd, a Franklin, Ky. Circuit Court judge, sided with Duke's lawyers.
"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.”
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J.P. Giglio covers the ACC for the News & Observer, where he has worked since 1997. Want to post a comment?
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Lawsuits
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Fri, 06/20/2008 - 15:06 — Daryl (not verified)Why can't we dress all the lawyers as quarterbacks, and just forget about a defensive line?
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Fri, 06/20/2008 - 14:27 — MaestroWPS (not verified)Please keep playing Northwestern! You may be a Wildcat alums' only hope this season. Besides one of those 6 wins was against NU in Evanston last year.