Miami Emerges As Favorite For Duke Transfer QB Darian Mensah

Trinton Breeze
1 min read

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The portal should be irrelevant here. If he’s unenrolled from Duke then he’s no longer their student. I would just enroll at UM and force Duke to go to a Miami court to try to enforce a North Carolina judge’s absurd order preventing this young man from enrolling in the school of his choice.
 
probably a counter sue, both cases get tossed, and Mensah leaves for free?
Not exactly. Going back to the original question by @RozayCane, if the court ordered, or if Duke agreed to put his name in the portal and then fails to do so, Duke could/would be held in contempt of court for failing to abide by a court order, or consent agreement. The penalty for which is tpyically a daily fine until the contempt is cured. In worst case scenarios it will result in jail until the contempt is cured.
 
I mean we pretty much know dude will be playing for us next year.. my only question is 'how much worse are the refs gonna **** us?' ******* tobacco road acc *** mofos
It won't matter. Not even if they go full Danny Davis.

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Not exactly. Going back to the original question by @RozayCane, if the court ordered, or if Duke agreed to put his name in the portal and then fails to do so, Duke could/would be held in contempt of court for failing to abide by a court order, or consent agreement. The penalty for which is tpyically a daily fine until the contempt is cured. In worst case scenarios it will result in jail until the contempt is cured.
Soooo there's a chance Manny Diaz goes to jail?!**





** I know it won't be Manny that goes but let a man dream
 
Below is a link to the docket, the NIL agreement is under the complaint PDF:


The below recap and analysis is for informational purposes only and is not legal advice or opinion.

Had Mensah entered the draft he would have owed Duke nothing. Nada zip. I wonder had he entered and then pulled his name and enrolled in another school, what, if anything, Duke would be asserting.

Some highlights from the NIL Agreement:

There are various installment dates of the NIL payments. In short it appears Mensah has been paid nothing for 2026.

Term: July 1*, 2025 from and until December 31* , 2026 (the “End Date”), unless terminated earlier in accordance with this the terms herein.

Unless earlier terminated pursuant to the terms hereof, this License shall expire by its terms on the earlier of (a) the last day of the Term, or (b) the Student-Athlete's graduation from Duke.

Duke's recourse and contemplation of Mensah's ability to enter the transfer portal:

2. Duke shall have the right, but not the obligation, to either, in its sole discretion (x) withhold an NIL Installment Payment or terminate this License prior to the end of the Term with no further obligations to Student-Athlete whatsoever by giving written notice to Student-Athlete with an effective termination date set forth in such notice, if: (a) Student-Athlete fails or refuses to perform under this License or is otherwise in breach or default hereof; (b) Student-Athlete violates any Duke or Governing Bodies' rules, policies or procedures or otherwise fails to maintain Student-Athlete's eligibility for participation in the Sport in accordance thereof; (c) Student-Athlete fails to enroll at Duke or withdraws from Duke or the Sport at Duke; (d) Duke dismisses or suspends Student-Athlete from participation in the Sport or from Duke; (e) Duke discontinues or suspends the Sport; (f) felony misconduct; (g) Student-Athlete has made a prior or subsequent commitment to attend and/or license such Student-Athlete's NIL to any other collegiate institution or other entity that would prevent the fulfillment of Student-Athlete's obligations under this License that Student-Athlete has not lawfully revoked; or (h) Student- Athlete (I) enters the transfer portal or signs or enrolls at another collegiate institution or (II) enters into the [DRAFT] or decides to sign a professional contract

Subject to Section VI.3., (a) neither Party shall be liable to the other party for any consequential, indirect, exemplary, special, or punitive damages, or for any loss of actual or anticipated profits (regardless of how these are classified as damages), arising out of or in connection with this License (including the entry into, performance, or breach of this License), regardless of whether such damage was foreseeable and whether either Party has been advised of the possibility of such damages, and (b) in no event will either Party's total liability to the other Party for any claims arising out of or in connection with this License (including for breach of contract) exceed the total value of all consideration provided by Duke to Student-Athlete under this License.

NIL contract ensures that Duke has remedies that would be impermissible by law when it comes to damages, however in the case of Duke breaching it is only monetary:


Student-Athlete acknowledges that any breach by Student- Athlete hereunder shall cause Duke irreparable harm for which there is no adequate remedy at law and, in the event of any such breach, Duke shall be entitled to injunctive or other equitable relief unless otherwise prohibited by the Settlement Agreement. Student-Athlete recognizes and confirms that, in the event of a breach by Duke, the damage to Student-Athlete, if any, shall not be irreparable or sufficient to entitle Student-Athlete to injunctive or other equitable relief and that Student-Athlete's remedies shall therefore be limited to the right to seek monetary damages through the dispute resolution process set forth in this License and in no event shall Student- Athlete have the right in any manner to interfere with, enjoin or restrain the production, distribution, advertising, publicity, promotion or other exploitation of the Rights or Materials or to terminate or rescind this License.

Mensah is a private contractor (no shock here):

Relationship of Parties. This License does not constitute and shall not be construed as constituting an agency, a partnership or joint venture between Student-Athlete and Duke. Student-Athlete shall furnish all services hereunder as an independent contractor and Student-Athlete shall not be deemed an employee, agent, partner, or joint venturer of Duke for any purpose whatsoever. Student-Athlete shall be solely responsible for all federal, state, and local taxes; Duke has no obligation to withhold any federal or state taxes from payments to Student- Athlete hereunder or provide any worker's compensation, unemployment insurance, medical insurance, or other employee benefits with respect to Student-Athlete. Student-Athlete is not authorized by Duke to incur obligations in the name of or on behalf of Duke, or to make any promise, warranty or representation with respect to the Rights, the Materials or otherwise, and shall not hold itself out as being so authorized. Except as otherwise set forth herein, Duke shall have no right to obligate or bind Student-Athlete in any manner whatsoever, and nothing herein contained shall give or is intended to give any rights of any kind to any third persons.

Mensah's December 19, 2025, social media post does not mean anything, does not alter anything and does not constitute an agreement between him and Duke:


9. Amendments. Except as provided elsewhere herein, this License may not be amended, supplemented, or otherwise modified except by a written agreement executed by both parties.

TL/DR: In my opinion Duke is ******* cooked and trying to force Mensah into arbitration to scrounge every dollar they can. They are disgusting punks who can't read their own NIL contract WHICH CANNOT BE MODIFIED BY A SOCIAL MEDIA POST.
 
Honestly the offense he ran at Tulane is closer to a "Mario type" offense, but he showed this year he can sling it around (though he's best at play action or RPO). His best throws are intermediate and crossing routes, though he does have nice touch on deep balls. He's not a runner. At all. He can scramble, but Beck might actually be a better or equal runner.

With all of that said, I think he'll have a great season at Miami. I don't think he'll throw for 4,000 yards like he did this year, but that's only because of our offense here. If you want to see what he might look like with Toney, watch his highlights at Tulane with Mario Williams who had 1,000+ yards receiving Mensah's year at Tulane.
Yea I have seen most of his throws when he was at Tulane, he was actually the QB I wanted last year and almost all my post were always wondering why we never had him on campus and how did all these schools who needed a QB let ******* Duke snatch him up with 2 years. Your other post cleared that up about how they got on him super early with the tampering.. lol. Thanks
 
Lucas unenrolled from Wisconsin and enrolled at miami. The Wisconsin drama of not putting Lucas in the portal was irrelevant because he was not an enrolled student at their school at that time.

Likewise, Mensah is not enrolled at Duke so Duke does not have the standing to even enter his name in the portal.

In my no longer practicing law for decades opinion, the North Cackalacky judge’s restraining order or injunction preventing a person from enrolling in the educational institution of their choosing is an unlawful infringement on:

1. Mensah’s right to freely associate with who he wants to under the 1st Amendment, regardless of it not being about speech and expression.

2. Mensah’s right to freely work where he wants not where Duke wants which is involuntary servitude in violation of the 13th Amendment.

3. Mensah’s right to travel and live freely across state lines in violation of the Commerce Clause.

4. Basic contract law. This is an NIL dispute with monetary remedies available to compensate Duke. There is no additional right to restrict any of the above.

Duke gets their $4 million or whatever it is which miami is willing to pay and they can **** off. I hope Mensah just enrolls because I want to see the Tobacco Road plantation owner descendants try to enforce that **** in Miami-Dade.
 
Soooo is he in the portal
 
Then he does what Xavier Lucas did
That would surprise me and it is not at all the same situation. Our case would be very weak if we went that route with Mensah and Duke responded with scorched earth litigation. Our case vs Wisconsin is very strong.
 
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