From the article:
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.
Judge 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.”
I disagree with this decision. Should have made them pay. There are no teams of similar stature. No one is that bad!