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

[YLCANE]

That is completely at the discretion of the school. They are their own self imposed rules. President Joe could say he could enroll an hour before spring practice starts, and that they will help him make up his work for the minimum credits required to be a viable student.

And nobody can do **** about it as long as he gets the work completed

I’m sure the school can and WILL accommodate all of the transfer portal players we will be getting in next few days
He just saw what the football team did/does for the school and he’s not going to sabotage the success!!!!
I just want some Bat Signals
Mensah
Wilson
Sloan
Davis
And duke Wr

 

[Cookie917]

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.

I agree, typically they cannot but also the timing just doesnt make sense. Pretty sure they walked this into chambers in NC State Court, a Judge holding Duke season tickets signed it to preserve the status quo, set a hearing in 10 days (pretty sure I saw the hearing is Feb 2), and recused himself. The hearing in 10 days will tell the bigger picture to either convert the TRO into a temporary injunction or dismiss the TRO and they can fight about money in State Court.

 

[YLCANE]

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.

I was thinking same thing
I’m no lawyer but couldn’t Mensah go to a Miami court and file/ask for Injunction so he can register and attend school

To me on its face it seems like his rights are being violated!

 

[El Orange]

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.

Bc Duke has been skirting the line of pretending to be above board on NCAA rules while having a clearly shady clause in their NIL deal that expressly goes against NCAA rules.

 

[TheOriginalCane]

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.

Yes, but it has an expiration date and does not have to be ordered by the next judge. As has been pointed out, the February 2 date of the next hearing (assuming it doesn't get rescheduled) is already beyond the 10-day duration of a TRO. I do not know if the "next" judge in the process has been assigned yet, but you could make an effort to communicate that time is of the essence, and the (approximate) 14 day waiting period could cause irreparable harm to progress towards a degree if he cannot enroll for the spring semester, when he is ALREADY allowed to enter the Transfer Portal.

I could certainly see the next judge choosing NOT to follow the TRO, and signaling that intent prior to 2/2.

 

[Ajcane8]

I swear to you....

He's basically Joe Jurevicuis

Jeff Samardzija (2-time AA, Belitnikoff finalist), without the fastball.

Seriously - sr year stats are almost identical.

 

[tr1ck]

So when this is all said and done how much is mensah gonna cost us ?!? Lol

 

[TheOriginalCane]

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

Usually, state courts are deferential to the actions of other state courts that handled the case first.

 

[JgDaCane]

Would be nice to see JoJo move to DB.

 

[filmcane]

Temporary Restraining Order me harder daddy!

I don't know how you did it, but it works!

 

[TheOriginalCane]

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.

If you recall, when the Xavier Lucas case began, I OPINED that it MIGHT be possible for an incredibly well-drafted NIL/Rev-Share deal to "buy out" a student-athlete's right to transfer. But you would have to have a specific clause that addresses this right, and separate consideration to pay for such a buyout.

OTHERWISE, in the absence of an explicit buyout of transfer rights, the student-athlete is free to transfer under the SUPERIOR rules of the NCAA.

You can't make it a "breach of an NIL contract" to take an otherwise legal action (transferring) that the NCAA has given to every student-athlete.

 

[Manfred_Cane]

Jeff Samardzija (2-time AA, Belitnikoff finalist), without the fastball.

Seriously - sr year stats are almost identical.

Good pull!

 

[BoxingRobes]

Like I said before the game, Becker is not your traditional "good white guy" catching passes. Actually, #13 played more like Barkate will play. Insteda, Becker crushes cushion in a hurry and then boxes out DBs. How we failed to have a specific plan for that on film is sort of beyond my understanding, but I do get that OJ was apparently limited.

I don't disagree, brother. Unfortunately, you need a least of these catching passes for you.

We won't really be able to take the next step until we get at least one of these types back there in the defensive backfield room. Really missed on Koi Perich for this very reason.

 

[dccane06]

kid is locked in on canes social media. I see him commenting on every post, hyping current/future canes up

Him and Dunnigan both. Dunnigan seems to be boys with almost everyone already.

 

[YLCANE]

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

that’s what I am saying!!!!

 

[skyman]

kid is locked in on canes social media. I see him commenting on every post, hyping current/future canes up

You can tell he gets social media.. Kid was doing videos awhile back

 

[Cognizantphotos]

Duke law school better than Miami's. Should we be worried?

You could be worried, the rest of us aren’t.

 

[CanesSkins26]

Yes, but it has an expiration date and does not have to be ordered by the next judge. As has been pointed out, the February 2 date of the next hearing (assuming it doesn't get rescheduled) is already beyond the 10-day duration of a TRO. I do not know if the "next" judge in the process has been assigned yet, but you could make an effort to communicate that time is of the essence, and the (approximate) 14 day waiting period could cause irreparable harm to progress towards a degree if he cannot enroll for the spring semester, when he is ALREADY allowed to enter the Transfer Portal.

I could certainly see the next judge choosing NOT to follow the TRO, and signaling that intent prior to 2/2.

Do we know if Mensah has litigation counsel? Heitner is obviously great on the substantive NIL related points, but it’s hope that he also has experienced trial counsel advising him.

 

[mirvin88]

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

Yes. Could’ve been done last Friday. Instead Duke wants to try saving face and take it to court for the same end result, just to delay and waste everyone’s time. Like the courts have nothing better to do than decide whether or not a college kid can transfer schools.

 

[JayCane20]

Duke law school better than Miami's. Should we be worried?

Depends... do you care if a few billionaires or this billionaire institution have to pay a few million to Duke? If not, not worried at all.