Posted at 4:23 p.m., Thursday, November 8, 2007
CFB: Louisville sues Duke for canceled games
By Jason Riley
The (Louisville, Ky.) Courier-Journal
According to the suit, which was filed in Franklin Circuit Court, in 2003 Duke backed out of three games two to be played in Louisville scheduled for this year, 2008 and 2009.
The lawsuit did not say why Duke decided to cancel the agreement. A call to Duke's athletic department was not immediately returned. U of L sports information director Kenny Klein said the lawsuit "speaks for itself" and declined further comment because the litigation is pending.
Louisville requested a $150,000 buyout for each of the three games or a suitable replacement team from the Atlantic Coast Conference, of which Duke is a member.
But Duke, according to the suit, asked U of L to find its own replacement, and agreed to pay Louisville only if the program could not, after a "good faith" effort, find a replacement game.
U of L claims its athletic department has spent countless hours looking for a replacement for Duke but that no team of similar stature will agree to play the U of L at Papa John's Cardinal Stadium two of the three games, as Duke was supposed to do.
The suit claims U of L is now short an out-of-conference game for next season and "was forced" to replace Division I-A Duke with Division I-AA Indiana State for 2009.
The lawsuit is seeking $450,000 for the three football games and any other relief the courts deem appropriate.
Claims made in filing a lawsuit present only one side of the case.
The Sept. 7, 2002, game between the two schools was played with U of L winning 40-3.
It's not unusual for a college team to back out of a scheduled game and pay a buyout. Louisville and Western Kentucky University had a two-game basketball contract that began when the Hilltoppers beat U of L in Freedom Hall during the 2000-01 season, but when Rick Pitino took over as the Cardinals' coach, he decided to exercise a $25,000 buyout clause.
The teams eventually played on a neutral court in December 2003.