The Volokh Conspiracy - Losers Can Be Winners:

The Louisville Courier-Journal reports:

[University of Louisville] sued Duke for $450,000 — or a series with another Atlantic Coast Conference opponent — after the Blue Devils backed out of a four-game football contract with three dates remaining.

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 the Blue Devils, which have a record of 6-45 over the past five seasons, were so bad that any team would be a suitable replacement.

[Franklin, Ky., Circuit Court] Judge [Phillip J.] 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."

Thanks to Paul Milligan and Above the Law for the pointer.

	[Eugene Volokh, June 23, 2008 at 11:13am] Trackbacks Losers Can Be Winners: The Louisville Courier-Journal reports: [University of Louisville] sued Duke for $450,000 — or a series with another Atlantic Coast Conference opponent — after the Blue Devils backed out of a four-game football contract with three dates remaining. 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 the Blue Devils, which have a record of 6-45 over the past five seasons, were so bad that any team would be a suitable replacement. [Franklin, Ky., Circuit Court] Judge [Phillip J.] 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." Thanks to Paul Milligan and Above the Law for the pointer.