Marshall Sues Pitt for Backing Out of Game

The Pitt Panthers have been hit with a million dollar lawsuit.

Oct 1, 2016; Pittsburgh, PA, USA; Marshall Thundering Herd wide receiver Michael Clark (7) runs after a catch against Pittsburgh Panthers defensive back Ryan Lewis (38) during the fourth quarter at Heinz Field. Pittsburgh won 43-27. Mandatory Credit: Charles LeClaire-Imagn Images / Charles LeClaire-Imagn Images

PITTSBURGH -- Marshall is suing the Pitt Panthers for backing out of a scheduled football game that never took place.

Marshall University filed a $1 million lawsuit against the University of Pittsburgh for breaching a contract that required them to play each other in the 2020 season, according to a report from Chris Dickerson of the West Virginia Record.

The complaint says that the two teams scheduled two games against each other, with the first taking place in Pittsburgh on Oct. 1, 2016 and the second occuring on Sept. 26, 2020.

The Panthers took a 27-0 halftime lead in the first matchup, before the Thundering Herd cut the deficit to 30-27 with less than five minutes remaining in the fourth quarter. The Panthers would score a quick touchdown and then a pick-six gave them a 43-27 victory over the Thundering Herd.

Both schools then agreed in the following spring that they would change the date of the following game from Sept. 26, 2020 to Sept. 12. This agreement stated that it, "does not reference the occurrence of a pandemic or epidemic as a permissible basis for cancellation of a game,”

The COVID-19 pandemic altered the 2020 season for every football team, especially Pitt. Instead of playing four non-conference games and eight conference games, the ACC had their schools hold a schedule of 11 conference games and one non-conference game on July 29, 2020.

The ACC also advised that its schools play their non-conference game against a team in its own state.

Conference USA, where Marshall was a member at the time, announced that its teams would play eight conference games and four non-conference games with no location restrictions.

Former Pitt Director of Athletics, Steve Pederson, sent out a letter on Aug. 7, 2020 to former Marshall Director of Athletics Mike Hamrick which stated that his school couldn't play the game, due to the ACC's COVID-19 rules.

The complaint states that because this was a home game for Marshall, and not Pitt, that the Conference USA and their rules and regulations govern the game and not those of the ACC. It also said that the game could've been played according to Conference USA rules, prior to their negotiations on Aug. 7.

Marshall is also using the fact that Pitt traveled to four other states for five of their conference games in 2020, and that they hosted FCS program Austin Peay, from Clarksville, Tenn., that their argument doesn't hold up.

Both schools, after Pederson's letter, negotiated to play the game at a later date, considering both the 2026 and 2028 seasons, but they never confirmed a final date, according to the complaint.

Marshall sent a letter on Sept. 27, 2024 that demanded Pitt satisfy their contractual agreement by either playing the scheduled game or paying the $1 million sum they agreed to.

Pitt then filed a declaratory judgment action in the Court of Common Pleas of Allegheny County, Pennsylvania on Nov. 26, 2024, which sought that it was not obligated to play the game or pay damages to Marshall.

The complaint says that Pitt filing for the declaratory judgement action in Pennsylvania serves as a breach of contract, as they aren't honoring their agreement. It also said that Marshall wants to dismiss the Pennsylvania action, "based on its sovereign immunity from private suits brought in courts of other states."

Marshall accuses Pitt of a breach of contract, because Pitt not playing in 2020 game wasn't "impossible" and that there isn't a "justification" or "excuse" for not participating, which damaged Marshall.

The current Marshall athletic director is Christian Spears, who previously served as the deputy athletic director and chief operating officer at Pitt before leaving in 2022 for his position now.

Susan L. Deniker, Shawn A. Morgan and Stephenee R. Gandee of Steptoe & Johnson in Bridgeport are representing Marshall and Circuit Judge Paul Farrell is presiding over the case.

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