Montana State backs out of Fargo game

[filbert]

Re: Montana State backs out of Fargo game

Thanks this makes sense to me, one of those things about contracts. Often they are enforceable. Would NDSU actually take MSU to court if they offered only 15k like they did last time? We are all nice schools after all with images to protect.

If the possibility of a buyout has been accommodated in the contract (and I can't imagine in this day and age that buyout clauses aren't usual and customary inclusions in such legal documents--especially *heh* for Montana schools *heh, again*), there's no basis for a lawsuit.

Of course, you can sue anybody for anything any time you want to. Doesn't mean you will win, or even have a case.

[JackJD]

Re: Montana State backs out of Fargo game

...Of course, you can sue anybody for anything any time you want to. Doesn't mean you will win, or even have a case.

Feel compelled to add one additional thought to filbert's comment above: if a lawsuit is start without any basis in fact or law, then the party (and their lawyer if they have one) are subject to sanctions. So, filbert's comment is correct BUT when someone sues without having any basis for a case, they get into trouble. I recently had the pleasure of making sure a party had the holy living crap kicked out of them for doing just that: sued my client without any basis. Judge threw the case out and awarded sanctions which covered my client's attorneys fees.

[Nidaros]

Re: Montana State backs out of Fargo game

Thanks this makes sense to me, one of those things about contracts. Often they are enforceable. Would NDSU actually take MSU to court if they offered only 15k like they did last time? We are all nice schools after all with images to protect.

I did not read the entire Forum article that started this thread which says NDSU will get 100k. Given this amount of buyout, I can see its probably best to move on. The 100k does not cover all the costs and inconveinence to NDSU, but they are a resilient bunch up there. They will find a way to make this all work. I had thought MSU was up to their old tricks and were going to walk away or give 15k to NDSU.

[SDSUAlum08]

Re: Montana State backs out of Fargo game

Waiting for the other shoe to drop and Montana buy out the u this next year. The ONLY reason they won't is because of Glenn and his ties to Montana.

And because Montana won't lose.

[propar80]

Re: Montana State backs out of Fargo game

And because Montana won't lose.

Anything, I repeat ANYTHING can happen in that toiletbowl. I wouldn't be one bit surprised if the U wins that game...and I won't be surprised if they take us down either. Pissed yes...surprised no. See the last two years MBB games down there.

[SDSUAlum08]

Re: Montana State backs out of Fargo game

Anything, I repeat ANYTHING can happen in that toiletbowl. I wouldn't be one bit surprised if the U wins that game...and I won't be surprised if they take us down either. Pissed yes...surprised no. See the last two years MBB games down there.

Valid point.

[Theee Catrabbit]

Re: Montana State backs out of Fargo game

I should be surprised by this in what way?

[MaddogJack]

Re: Montana State backs out of Fargo game

I've been waiting to pipe in on this topic. I have so much disain for the Big Sky - it's tough for me to be objective (with the exception of the Poly/UCD that have worked with us through the transition).

With that being said, I wouldn't enter into a contract with either Montana State or Montana U, EVER. Their fan board is pretty comical with the usual suspects "weighing in". My favorite is the Siouxsie who is aligning with anyone against NDSU and failing to give them credit for anything. I wish there were a little more "bite" to the ramifications of the buyout, but both schools crafted that agreement.

Even if you wrote a Home and Away contract, could you count on them to honor the first year of it based on their track record? Disappointing.

[JackJD]

Re: Montana State backs out of Fargo game

Below is a link to a radio interview of the Montana State U athletic director on the subject of MSU's buyout/backout of a trip to Fargo for $100,000. For your listening enjoyment, I give you Peter Fields, MSU AD:
http://740thefan.com/upload/2-19peterfields.mp3

His words: we had to do what's best for Montana State. In his comments, he states "football scheduling is so difficult". Well, yeah, duh...MSU's just got harder.
The interviewer did a decent job asking some questions like: Do you expect Gene Taylor to sit down with you in the future to discuss scheduling?
Another question: Will you write contracts for Montana State a little differently so this doesn't happen to you down the road? Stupid answer. The guy would have been better off not doing the interview.

My thoughts: Did he think what's best beyond this season? Hmmm.....cancelling a game in mid-February? Doofus.

[FargoBison]

Re: Montana State backs out of Fargo game

I've never heard so many excuses. I think at one point he was even talking about recruiting in Texas being a reason to not play in Fargo, it was embarrassing. The guy needed to own up for the mess he made and apologize for screwing NDSU because it was the only way out of it.

[Kemo]

Re: Montana State backs out of Fargo game

Below is a link to a radio interview of the Montana State U athletic director on the subject of MSU's buyout/backout of a trip to Fargo for $100,000. For your listening enjoyment, I give you Peter Fields, MSU AD:
http://740thefan.com/upload/2-19peterfields.mp3

His words: we had to do what's best for Montana State. In his comments, he states "football scheduling is so difficult". Well, yeah, duh...MSU's just got harder.
The interviewer did a decent job asking some questions like: Do you expect Gene Taylor to sit down with you in the future to discuss scheduling?
Another question: Will you write contracts for Montana State a little differently so this doesn't happen to you down the road? Stupid answer. The guy would have been better off not doing the interview.

My thoughts: Did he think what's best beyond this season? Hmmm.....cancelling a game in mid-February? Doofus.

Ugh to that interview. MSU's AD sounded as timid as his team looks by backing out of the game in Fargo.

I know he won't come out and say it, but I believe a big motivation for the buyout and scheduling SMU is the likelihood of victory and the consequences of defeat. Southern Methodist is far from a great FBS team, and Montana State's chances of beating them are similar to winning in Fargo. The difference is a loss to SMU means next to nothing come playoff time, but a loss to NDSU (especially a big loss) would have a major impact on their perception on a national stage and would affect their bid/seeding.

Also, as JD said, it's very short-sighted thinking when it comes to "what's best for Montana State." If he thinks scheduling is difficult now, wait till he tries to negotiate future contracts after this debacle.

[MaddogJack]

Re: Montana State backs out of Fargo game

Ugh to that interview. MSU's AD sounded as timid as his team looks by backing out of the game in Fargo.

I know he won't come out and say it, but I believe a big motivation for the buyout and scheduling SMU is the likelihood of victory and the consequences of defeat. Southern Methodist is far from a great FBS team, and Montana State's chances of beating them are similar to winning in Fargo. The difference is a loss to SMU means next to nothing come playoff time, but a loss to NDSU (especially a big loss) would have a major impact on their perception on a national stage and would affect their bid/seeding.

Also, as JD said, it's very short-sighted thinking when it comes to "what's best for Montana State." If he thinks scheduling is difficult now, wait till he tries to negotiate future contracts after this debacle.

They will never own their decision and they will never apologize to NDSU for screwing the pooch. I'm not a fan of more rules and legislation, I simply hope that fellow FCS teams take note of their track record and make life as difficult for them as they make it for the schools that they leave at the altar.

Screw the U and the Big Sky, too. (That's what I've always said....)

[joeboo22]

Re: Montana State backs out of Fargo game

I'll agree that scheduling can be a pain, and you could make the argument that SMU is better for the schedule. But its too late, to buy someone out. In MSU's defense it is kinda a one sided story. Its quite possible that there was more to the story. I also look at NDSU though and I'm guessing in the future that they will have a earlier buy out date. February is late. Maybe in the future a Dec. 1st or Jan. 1st buyout for future contracts.

Its a contract, and if it says that a buyout is in place, well I guess they have the right to use it. Its bs, and it will hurt them in the long run.

[TK22867]

Re: Montana State backs out of Fargo game

There are at least 2 parties to every contract. Someone from MSU and NDSU signed on the dotted line.

MSU simply excercised an option in that contract. Was it poor form? Probably, but that's why you have a contract.

To me, the bigger question is, who is the contracts dufus at NDSU that thought allowing a buyout this late in the game was an acceptable contract term?

[joeboo22]

Re: Montana State backs out of Fargo game

There are at least 2 parties to every contract. Someone from MSU and NDSU signed on the dotted line.

MSU simply excercised an option in that contract. Was it poor form? Probably, but that's why you have a contract.

To me, the bigger question is, who is the contracts dufus at NDSU that thought allowing a buyout this late in the game was an acceptable contract term?

That is what I was wondering, buyouts are one thing, but allowing a buyout for no reason, this late in the game is one of those things that NDSU has to look itself in the mirror at.