: The Blawgraphy
Life of a Law Student, University of Houston Law Center

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Duke’s Lawyers – To my first point, your honor… we suck

By: Luke Gilman | Other Posts by
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According to ESPN, when the Duke Blue Devil football team pulled out of the final three games of a four game contract, Louisville sued for breach and asked for $450,000 in damages. Duke’s lawyers successfully employed the seldom used “comparative sucking” defense – the Blue Devils’ performance on the football field was so disastrous (6-45) that Louisville was not harmed by having to find a replacement.

Judge Phillip J. Shepherd of the Franklin County (Ky.) Circuit Court agreed – “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.”

Louisville would have perhaps done better to argue that in an era where big time coaches now worry that they might get Appalachian State-d out of some serious bowl money, a team so reliably pathetic is a rare and valuable commodity and Louisville should get the benefit of its bargain.

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