Marshall lost to Pitt 43-27 in their 2016 game.
HUNTINGTON – Marshall University might have lost its 2016 football game against Pitt, but the Thundering Herd has claimed victory in two courtroom battles against the Panthers in the last two weeks.
On October 2, a Cabell Circuit Court jury ruled for Marshall after a weeklong trial in a civil lawsuit in which it alleged Pitt failed to come to Huntington in 2020 as part of a home-and-home contract. The Herd lost 43-27 at Pitt in 2016.
The 2020 game, which was part of the original 2014 contract, was called off because of COVID-19 restrictions as Pitt cited Atlantic Coast Conference pandemic rules. But the Panthers hosted Austin Peay the same week they were supposed to play at Marshall.
In 2024, Toney Stroud, Marshall’s chief legal counsel, sent a letter to Pitt requesting the rescheduling of the game or $1 million, which was the deal in the 2014 contract. The schools couldn’t come to an agreement, so Marshall filed its complaint in Cabell County.
But days before Marshall filed its case, Pitt filed its own in Allegheny County, Pa., seeking a declaration that it had not breached the agreement, did not have to reschedule the game and owed no money. That lawsuit was dismissed in September 2025 on sovereign immunity grounds because Marshall is part of West Virginia’s state government.
Pitt appealed that ruling to Pennsylvania Superior Court. That court rejected Pitt’s appeal September 24, saying Pitt failed to establish West Virginia had consented to being sued in Pennsylvania over its contractual rights.
In a unanimous opinion filed September 24, a three-judge panel of the Pennsylvania Superior Court ruling that Marshall, as an arm of the State of West Virginia, cannot be sued in a Pennsylvania court without the state’s consent. The ruling affirmed an Allegheny County judge’s decision to dismiss Pitt’s declaratory judgment action against the Marshall University Board of Governors.
Pitt spokesman Jared Stonesifer said the university was “disappointed” by the Cabell County verdict and intends to appeal.
“There were efforts made after that to reschedule, but things never did get finalized and in September of 2024, we sent a letter to Pitt asking to either reschedule the game or pay the damages,” Stroud told MetroNews. “I fully expect Pitt will appeal, and following that decision, assuming Marshall is successful, it could go to the West Virginia Supreme Court, so it could still take a couple of years for this to be finalized.”
Stroud said the case shows the school isn’t going to simply roll over
“I think it was important for Marshall to send that message,” Stroud said. “We may be a smaller school, but we’re not going to back down and not ask others to follow through with their contractual agreements with us.”
Cabell Circuit Judge Greg Howard will determine the amount of the settlement after post-trial motions are filed.
“When these games get cancelled, it is pretty difficult to determine an exact dollar amount, so most of the agreements contain a fixed amount, and under this agreement it was a million dollars,” Stroud said.
Regarding Monday’s verdict, a spokeswoman for Marshall University thanked the jurors and the attorneys who represented the school.
“Marshall University is pleased that the jury focused on the merits of this case and decided in Marshall’s favor, and we thank them for their time, attention and service throughout this proceeding,” Leah Payne said. “We also want to thank our excellent trial team at Steptoe & Johnson for their advocacy in representing Marshall in this matter.”
Marshall Athletic Director Gerald J. Harrison agreed.
“I often say it’s a great day to run with The Herd, and today is no different,” Harrison told WSAZ. “We are pleased with the verdict and grateful to everyone who contributed to this outcome. I especially want to thank Toney Stroud, Erik Legg and our terrific trial team at Steptoe & Johnson for their preparation, dedication and outstanding representation of Marshall University.
“Now, it is important that we turn the page and move forward. Our focus remains on creating exceptional opportunities for our student-athletes and supporting our coaches and staff as we continue our journey to build one of the most complete athletic departments in the country and make Herd Nation proud.”
Cabell Circuit Court case number 24-C-476
