Miami Emerges As Favorite For Duke Transfer QB Darian Mensah

Trinton Breeze
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id argue the TRO on its face isnt even something remotely legal tbh. preventing a kid from withdrawing from a school and enrolling at another is something the courts can force? id appeal the TRO and call for an emergency hearing asap.

the issue is whether Mensah breached his NIL deal. if NIL isnt pay for play, then being an enrolled duke athlete isnt something that can be part of the terms of a true marketing agreement. now, if he moves to miami to play and enroll at miami and he cannot complete the milestones/deliverables of the contract because of that then duke can sue for breach and the damages would be liquid. the contract would be done and thats it.
You basically cannot appeal a TRO.
 
I **think** since enrolling in another institution was outlined as a breach of his NIL contract, the judge/law can for now prevent him from breaking that contract until a full hearing takes place.

It would be interesting to see what happens if Miami and Mensah say **** it. But at this point just go along with the game and get him here in February.

The problem is this Duke Mensah agreement also defers to the NCAA rules as taking precedence above any other arrangement. And NCAA rules, as granted by the SC state kids are free to transfer.
 
I **think** since enrolling in another institution was outlined as a breach of his NIL contract, the judge/law can for now prevent him from breaking that contract until a full hearing takes place.

It would be interesting to see what happens if Miami and Mensah say **** it. But at this point just go along with the game and get him here in February.
then the contract itself isnt a valid NIL contract and it is unenforceable
 
USC needs WRs. Only thing I would be concerned about here.
 
been years since ive went to court (im in house now so no more court life for me thank god), but i believe youre right. the TRO itself was improper in terms of the enrollment part.

Yea i think it's very clear that the TRO was a bull**** attempt by a Duke booster (the judge) to give Duke some time to convince the kid to come back and or to raise more money to induce him to return.
 
I watched Donno's podcast at lunch today because he had sports and entertainment lawyer and Miami grad, Alan K Fertel on talking about this case. This isn't a slam dunk for Miami at all. I am not typing it all out. He thinks they end up in a room hashing out a settlement where Miami probably pays a lot of money.
 
I watched Donno's podcast at lunch today because he had sports and entertainment lawyer and Miami grad, Alan K Fertel on talking about this case. This isn't a slam dunk for Miami at all. I am not typing it all out. He thinks they end up in a room hashing out a settlement where Miami probably pays a lot of money.
exactly what we been saying the whole time. Duke will get a buyout
 
Final thoughts and I'll stop spamming the board today:

Every NIL agreement must defer to the rules of the NCAA. In other words, you can't have a contract that stipulates that for example, in order to earn your money you must also take steroids and avoid attending class.

The NCAA was legally forced to allow transfers, and thus the right of a student athlete to leave his school is now as fundamental to the NCAA rules as the banning of PEDs and going to class, and thus should not be permitted in ANY NIL DEAL. Any deal made with such language should be invalidated by the NCAA itself.

Otherwise, I could create an NIL deal which stipulates the student may never be drug tested, or that a former NFL player could return, etc etc.

(BTW disclaimer im NOT A LAWYER so don't take this as authority in any way. Just seems logical to me)
 
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he literally is both a fan of theirs but also an intellectual property lawyer that has argued cases before the supreme court of the united states so....
But does he know @DMoney ?? If he is not on Andijar and Levine's team, is he really that important?
 
why dont the canes just do a side agreement to share the NIL profit with duke for the 1 year?
 
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