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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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coffeecane said:
This is actually the first NC game loss that I have gotten over almost immediately. We just got out executed by a better team. Did we have the better players. Yes but it came down to a final drive and they beat us on execution. In 85, 86, 92, 02 I never felt right. Maybe 85 and 92 not as much because we got dragged, but the other years those losses haunted me for years. I can sleep at night and feel like the school and program actually cares again and we are well built for the future.
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It was one of the greatest months of my sports life. Four cities, three playoff wins, seeing old friends from UM, and culminating in a national title appearance.
 
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Ryanmilli said:
Motion: https://portal-nc.tylertech.cloud/P...02C3149462D4C143036C07?caseNum=26CV000605-310

Affidavit: https://portal-nc.tylertech.cloud/P...5BE222690D61248E0C57FD?caseNum=26CV000605-310

Docket: https://portal-nc.tylertech.cloud/a...D86246010FD9246C2684797ADC0E/anon/portalembed
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Just got through them, thanks. First thought is this is well-crafted and a strong position to get it moved up, but has one very awkward exploitable weakness in that they do not specify anything about the supposed 1/23 deadline (i.e. deadline for what exactly and at what university exactly). There are very clear reasons why they did not specify those things. It was not a sloppy oversight. Let's see if that proves fatal.
 
Cignetti is a moneyball (for the baseball fans) style guy.

What he values is A) college experience on tape B) age/physicality C) guys who don't **** up

When every player on your team is not just older and experienced, but statistically proven based on analytics not to make errors (turn the ball over, target, commit penalties, etc etc) you can build a really nasty team. The closest comparison of their team for me is if late 90s and early 2000s Frank Beamer had a transfer portal and NIL.

He found a way to beat the big boys with fewer NFL prospects and without having to project 17 year old 5 star kids. I expect lots of people to copy it (and when they do, it waters the whole thing down and renders it less effective bc there are only so many guys that fit this specific mold, just like it did in MLB).

In the end, a wonderful Miami team that I would not consider even one of our top 10 most talented teams (2000-2003 1986-1994, 1983, THEN 2025 would be my list), just barely lost to this team. Talent is still the best way to win.
 
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Page 12 - Certificate of Service - I am not attaching this
 
RVACane said:
Yeah, like employment law is not remotely what I know and even I know courts are highly unlikely to enforce a restrictive covenant saying someone can’t work anywhere but at Duke. 🤣 And he’s not even an employee.
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unless this new podunk North Carolina judge wants to be the first one in common law history (well, at least since the 13th amendment passed) to enforce specific performance of an ambiguous clause in an employment contract (doesn’t matter what they want to call it - the NIL deal, as written, is plainly a contract between Mensah and Duke where Mensah is to be paid to play football at Duke)… I think we’ll be OK.

Up and until there is collective bargaining and there are clear and defined rules and regulations governing player retention and acquisition - the age-old adage of “big bank takes lil bank” is going to be the law of the land.
 
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Read through the emergency motion and Mensah's affidavit. I'll consider this my "continuing legal education" that I have to do for the Bar anyways. Basically, the motion asks the court to reconsider portions of the TRO and expedite the hearing date due to a "manifest injustice" based on new information since the hearing, which in this case, is essentially the school enrollment deadlines of today. Looks like it was filed last night but with the outlook outage (and certain counties if a doc is filed after 5 it shows up the next day which is unfortunate because the clerk doesn't accept it until the next day), they essentially want the hearing today. Unknown whether that would actually happen (i have the docket open in the background and nothing yet). So a new judge with a possibility that he cannot enroll in a school (Miami, although I am SURE we'd make an exception lol) and no prejudice to Duke to have the hearing sooner are the main points.

Not sure how likely it's granted but worth a shot
 
Caniac16 said:
Hard to argue irreparable harm when he can enroll after spring. Not sure this motion is going to work.

However, I've been convinced by all the law experts on this board. Just enroll and say **** it. Miami will pay your fines anyway.
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I'm sure Mensah's attorneys will be using this delay as a counter claim whenever arbitration/settlement occurs.
 
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MedleyCane said:
I hurt for my Canes after that loss, especially for the players and coaches but you're right about the level-headed reactions.
For starters, we played hard all postseason.
We barely made it into the playoffs and I kept thinking, hoping, that we show well into this tournament or we will never get the benefit of the doubt.
I hoped that we played hard and competitive. Prayers answered.
In fact, very proud of this team.
Contrast this with the old days where we had to wait 4 plus weeks to play the NC game and then, if you lost, it was a big disappointment.
These postseason games were thrilling, exorcising demons (beating OS*), inabilities to win bowl games, slaying the SEC propaganda in the process.
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3-0 against the big bad SEC
 
Caniac16 said:
Hard to argue irreparable harm when he can enroll after spring. Not sure this motion is going to work.

However, I've been convinced by all the law experts on this board. Just enroll and say **** it. Miami will pay your fines anyway.
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Certainly would delay his education for several months and his progression towards a degree or graduate degree. And the context here is important as well because the court has issued injunctive relief on the basis of the "cannot transfer or attend another school" clause that ultimately is likely unenforceable or at least unnecessary and harmful beause Duke has an adequate remedy via the arbitration/damages.
 
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Caniac16 said:
Hard to argue irreparable harm when he can enroll after spring. Not sure this motion is going to work.

However, I've been convinced by all the law experts on this board. Just enroll and say **** it. Miami will pay your fines anyway.
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You can't say for sure whether it would cause irreparable harm, though you could make a case that the lack of practice time could lead to a future injury, but it is a fact that you would be preventing him from enrolling at a school which is his right as an NCAA athlete.
 
Wake_Cane said:
Just got through them, thanks. First thought is this is well-crafted and a strong position to get it moved up, but has one very awkward exploitable weakness in that they do not specify anything about the supposed 1/23 deadline (i.e. deadline for what exactly and at what university exactly). There are very clear reasons why they did not specify those things. It was not a sloppy oversight. Let's see if that proves fatal.
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They requested a hearing and could present evidence at the hearing, including I presume Zoom testimony from Mensah or a supplemental affidavit that authenticates documents or communications he has received.
 
TaylorWalls said:
It was one of the greatest months of my sports life. Four cities, three playoff wins, seeing old friends from UM, and culminating in a national title appearance.
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It must be a similar experience to what fans of a soccer team feel following their nation in a World Cup.
 
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