Miami Emerges As Favorite For Duke Transfer QB Darian Mensah

canes1239 said:

Basically he thinks that Duke’s argument for damages is clear and that the damages = the $4mm paid to Mensah. But since the contract outlines the damages precisely, it weakens the argument for the TRO since you need to prove that “there was irreparable harm for which there is no adequate remedy at law”. Since the contract says that the cost of breaking the contract is $4mm, that shows there is a way remedy this by paying $4mm.

So my read of his opinion (not mine since I haven’t read the contract) is that the TRO preventing Mensah from enrolling is weak and should be arguable but that Miami / Mensah would owe $4mm to Duke

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DamnLiesAndStatistics said:

Yep. Id add to your summary that whet he says "Duk wins and it's not close" he means they'll win the argument that Mensah breached the contract, but the remedy will be Duke gets paid $4M. Fair?

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hotshot said:

Should be $2M since Mensah fulfilled half of the contract. But who's quibbling.

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hotshot said:

Should be $2M since Mensah fulfilled half of the contract. But who's quibbling.

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hotshot said:

Should be $2M since Mensah fulfilled half of the contract. But who's quibbling.

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kwcanes9 said:

Ohhh manny Navarro. I thought you meant manny Diaz said on a pod that he was starting classes lol scared me

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El Orange said:

the reddit /ACC is a collection of the biggest pansies from Wake, Duke, UNC, UVA, et al circle jerking each other about how great "coastal chaos" is and dreaming of all winning the ACC as if that is even remotely cool in big boy football.

I refuse to go there now, but I imagine they are all saying how mean and unfair Miami is for doing this to the great and powerful Blue Devils.

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canes1239 said:

Basically he thinks that Duke’s argument for damages is clear and that the damages = the $4mm paid to Mensah. But since the contract outlines the damages precisely, it weakens the argument for the TRO since you need to prove that “there was irreparable harm for which there is no adequate remedy at law”. Since the contract says that the cost of breaking the contract is $4mm, that shows there is a way remedy this by paying $4mm.

So my read of his opinion (not mine since I haven’t read the contract) is that the TRO preventing Mensah from enrolling is weak and should be arguable but that Miami / Mensah would owe $4mm to Duke

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MiamiCanesFan77 said:

Apparently the current judge from which they are moving away from to a different judge is a Duke Basketball season ticket holder?

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jifarina said:

If Duke had created some masterclass contract, there is likely a damages provision in it. Not sure the fine line being crossed re pay for play and employer/employee aspect that Duke is teetering with here.

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CanesAreAble said:

So when is the absolute earliest that Mensah could join the team?

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obcanes said:

Why would you want to force a QB to stay with you that can throw an interception on every play. Get benched. And you are where you were to begin with.

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Tthe external timeline is a tweet from Liam Blutman, which Duke includes as an in-line exhibit rather than pleading as fact: At 2:07 PM—nearly two hours before Mensah called Manny Diaz—someone tweeted specific details of Miami's offer: Buyout of the Duke contractApproximately $10 million total (for what, IDK, but I'd assume for Miami)Country club housingAdidas campaign

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