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[Agreement Reached] Miami Emerges As Favorite For Duke Transfer QB Darian Mensah/Plus hidden menu items at Publix, Greatest Wrestlers debate

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n0rcalcane said:
Mensah could be found in contempt of court by failing to abide by the order or would at least be fined/sanctioned.
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So what? He pays a fine.

As has been explained earlier, the TRO is flimsy. The next judge is not bound by it. It could certainly be appealed. Mensah wasn't even in the courtroom when the TRO was issued. People are acting like this is some kind of fugitive warrant, and it's not.
 
hoops156 said:
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.
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Take it a step farther, why is he allowed IN THE TRANSFER PORTAL if he is not, in fact, ALLOWED TO TRANSFER.

Makes no sense at all.
 
TheOriginalCane said:
So what? He pays a fine.

As has been explained earlier, the TRO is flimsy. The next judge is not bound by it. It could certainly be appealed. Mensah wasn't even in the courtroom when the TRO was issued. People are acting like this is some kind of fugitive warrant, and it's not.
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It really can’t be appealed. It’s a non-final order, usually issued ex parte w/ or w/out notice. But by law there must be a PI hearing soon after it’s issued. Very short shelf life.
 
hoops156 said:
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.
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Dukes agreement owns his NIL rights
If Mensah plays elsewhere, Duke won’t pay him

Sounds….predatory…
 
Problem2 said:
View attachment 354533

Oh no not Toney
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Ispyin said:
wrong on mackenzie- he's the @TheOriginalCane of acc fandom and duke in particular and a fairly huge lawyer- he got half the unc contracts with belichick exposed to through various legal means
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Whoa, whoa, whoa, stop the clock.

I don't want to be associated with David McKenzie.

Undergrad: Carson-Newman College in Jefferson City, Tennessee
Masters Degree in Divinity: Duke
Juris Doctor: North Carolina Central University

This guy may be a hustler and a helluva gadfly, but he makes himself out to be Duke's biggest defender, as if he has a Duke Law degree.
 
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Cane30 said:
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.
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No offense but everyone knows this already. Duke is just trying to save face. Miami is willing to pay. TBH this is all a nothingburger without Duke throwing a tantrum.
 
TheOriginalCane said:
Whoa, whoa, whoa, stop the clock.

I don't want to be associated with David McKenzie.

Undergrad: Carson-Newman College in Jefferson City, Tennessee
Masters Degree in Divinity: Duke
Juris Doctor: North Carolina Central University

This guy may be a hustler and a helluva gadfly, but he makes himself out to be Duke's biggest defender, as is he has a Duke Law degree.
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so his most useful degree is from NCCU and not duke. duke is where he got his degree to preach to people on sundays. guy seems like a hack compared to TOC (UM UG, UM Law, and UF LLM)
 
mirvin88 said:
No offense but everyone knows this already. Duke is just trying to save face. Miami is willing to pay. TBH this is all a nothingburger without Duke throwing a tantrum.
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miami is going to pay his buyout the way we paid marios buyout to oregon aka we gave mario a bloated salary in year 1 so he can pay the buyout to oregon.

same here - we give him a bloated NIL Deal part of which goes to duke via mensah to buy out of his NIL Deal
 
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Cane30 said:
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.
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Respectfully, Alan K. Fertel is wrong.
 
What’s to stop Mensah from going to a Florida court getting an order allowing him to transfer. I’m sure there’s something that would be applicable regarding his educational rights being violated
 
El Orange said:
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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Wisconsin literally had in their Xavier Contract that it was a breach to even enter the portal, and the NCAA DIDNT DO ANYTHING to punish them for directly breaking a written NCAA rule and failing to enter him into the portal. If they won’t touch that they aren’t touching ripping up a contract that is based on actual movement.
 
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