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

[Ryanmilli]

That's the strategy I suggested on here a couple days ago! Still got some of the fastball left (very little). But play the irreparable harm card. Of course they will respond with Miami has indicated they can/will extend the deadline. Duke should remember the words of Ambrose Bierce: "Litigation is a process which you enter as a pig and emerge as a sausage."

Good thoughts. But "your honor, this CiS post from @TheOriginalCane says they will extend the deadline" probably will not work. There is no way for them to get that evidence given they are in state court and any witness they would need to establish that would be in Florida and a non-party to the suit (i.e., beyond the court's subpoena power and therefore requiring a separate Florida proceeding).

 

[hurricaneman]

I was most upset for guys like Cici and Bain. Would have been an amazing story if we could have sealed the deal at home. Love what we’ve built and where we are headed. But we let one slip away.

I'm with you on all this and this isn't the thread to do this in but I have to say it:

In retrospect, the better team won that game. Miami had the capability of being a better team than Indiana. Miami, when playing a clean game, likely beats Indiana by 10+. But the team that played Monday was the team we've been almost the entire year. Undisciplined with bad penalties, unpredictable QB play, and an offense that goes cold. All that stuff showed up. And Indiana played the game they've played all year. Minimal mistakes and make big plays when they're needed. I think if Miami had won that game they would have stolen one.

That may sound like I'm being a mope but, they way I see it, it's a lesson as to how to get better. Nobody wanted to lose to SMU but we took a step forward because of it. I absolutely HATED losing that championship game, but there are lessons to be learned from it that we may not have implemented without that pain. We can't continue to be undisciplined, we can't continue to neglect special teams, and we need offensive fire power beyond pounding the ball. I think we fixed that with Mensah and now I hope Mario fixes the other two issues.

 

[Problem2]

 

[jifarina]

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.

This was all tactically performed by Duke to bully Mensah into coming back.

The timing of Duke’s filing, on a national holiday (at the end of the day) is bush league.

Let’s see what happens here. Appreciate links to docket.

 

[RVACane]

At this point , I'd have to agree with @RVACane and others that he should just enroll this afternoon. Then he has the excuse that he tried to get a judgement, but just couldn't let the opportunity slip away due to the inaction of the court.

The court is doing irreparable damage. They can’t stop him from attending miami or playing at miami in NC and then enforce it in Dade, but regardless, enrollment would preserve rights he’d lose if the deadline passes (yes I know miami would make an exception).

 

[bacane]

I'm with you on all this and this isn't the thread to do this in but I have to say it:

In retrospect, the better team won that game. Miami had the capability of being a better team than Indiana. Miami, when playing a clean game, likely beats Indiana by 10+. But the team that played Monday was the team we've been almost the entire year. Undisciplined with bad penalties, unpredictable QB play, and an offense that goes cold. All that stuff showed up. And Indiana played the game they've played all year. Minimal mistakes and make big plays when they're needed. I think if Miami had won that game they would have stolen one.

That may sound like I'm being a mope but, they way I see it, it's a lesson as to how to get better. Nobody wanted to lose to SMU but we took a step forward because of it. I absolutely HATED losing that championship game, but there are lessons to be learned from it that we may not have implemented without that pain. We can't continue to be undisciplined, we can't continue to neglect special teams, and we need offensive fire power beyond pounding the ball. I think we fixed that with Mensah and now I hope Mario fixes the other two issues.

Credit to IU for winning, but not conceding anything, either. They clearly won 1st half & we took the second. Our offense scored more points: 21-20. We were definitely less disciplined, but what else is knew. If don’t get a punt blocked suspect we might have won

 

[Problem2]

 

[Problem2]

 

[Hurry-Cane]

For the 100th time, ******* Y O U Duke. You did the same thing to Tulane when you took Mensah from them, and do shady crap in basketball since the 80s but now you’re going to raise a stink about a bigger program doing it to you? Can’t hate these idiots any more.

 

[TheOriginalCane]

View attachment 354715

Explain this to me like I'm a golden retriever....we fuccin or nah?

The brief is pretty well-written and I think there is a fairly good shot of prevailing (in one way or another):

A. Asks for 2 possible outcomes: (1) get rid of the TRO, or (2) give me the hearing today instead of (nearly) two weeks from now.

B. Says that he had 16 hours to respond to Duke's motion, including hiring an attorney. As such, he had no chance to figure out how many schools were interested in him, and what their enrollment deadlines are.

C. The prior judge ignored both a request for an earlier hearing, as well as setting the hearing for MORE THAN the 10-day duration of a TRO, and as such, we are now learning that the 2/2 hearing is "too late" to meet enrollment deadlines.

D. Now that we have more than 16 hours to assemble an "enrollment deadlines" schedule, it is effectively "new evidence", which is one of three grounds for challenging a TRO.

E. Another ground for challenging a TRO is "manifest injustice". Because Mensah is allowed to BE IN THE TRANSFER PORTAL, but not, you know, ACTUALLY TRANSFER until it will be too late to do so, this is a manifest injustice that allows the TRO to be tossed.

F. IN THE ALTERNATIVE (because a TRO is valid for 10-days or the resolution of the motion, whichever comes earlier), Mensah requests a hearing today. Same grounds as above.

G. Citation of various cases and rationales. Yada yada yada. The good stuff is in the middle of Page 6 and the bottom of Page 10.



Ultimately, I do not deny that a North Carolina judge in a North Carolina court may do a fat lot of nothing and rule in favor of Duke. That possibility always exists, though there are no "good" reasons for this, just laziness and "home cooking".

The "good" reasons for doing something are fairly clear. The kid was given 16 hours to respond, and the bizarre ruling both ALLOWS him to ENTER THE TRANSFER PORTAL but PREVENTS him from, you know, TRANSFERRING.

This is the classic "cut the baby in half" solution, and it's stupid. And it really should be overturned, if the court is in any way fair or impartial.

 

[RVACane]

This guy’s a moron. When I was in law school I’d listen to morons opine in class discussions and say to myself wow one day people will be depending on these people with their lives, with their businesses at stake. Scary.

 

[hurricaneman]

You guys continuing to post this guy is the new Genetics spamming.

 

[TheOriginalCane]

Good thoughts. But "your honor, this CiS post from @TheOriginalCane says they will extend the deadline" probably will not work. There is no way for them to get that evidence given they are in state court and any witness they would need to establish that would be in Florida and a non-party to the suit (i.e., beyond the court's subpoena power and therefore requiring a separate Florida proceeding).

I'm in Georgia. If they can find me, kidnap me to NC, and compel me to testify...

 

[mikesanchize]

These duke fans cosplaying as lawyers are hilarious man. They genuinely think (unless Mensah just decides to drop this whole thing, which at this point, I doubt lol) they are going to "win". They are going to get some money and enjoy that QB from San Jose St they brought on a visit. Embarrassing stuff

 

[itsacanething]

Dukes strategy is strange. forcing the kid back to duke would be a bad idea and could lead to a cancer in the lockeroom situation. blocking him from going elsewhere makes this contract into something it isn't and the NCAA doesn't want it to be - some kind of employment agreement. they need to settle the case and move on.

 

[JD08]

The brief is pretty well-written and I think there is a fairly good shot of prevailing (in one way or another):

A. Asks for 2 possible outcomes: (1) get rid of the TRO, or (2) give me the hearing today instead of (nearly) two weeks from now.

B. Says that he had 16 hours to respond to Duke's motion, including hiring an attorney. As such, he had no chance to figure out how many schools were interested in him, and what their enrollment deadlines are.

C. The prior judge ignored both a request for an earlier hearing, as well as setting the hearing for MORE THAN the 10-day duration of a TRO, and as such, we are now learning that the 2/2 hearing is "too late" to meet enrollment deadlines.

D. Now that we have more than 16 hours to assemble an "enrollment deadlines" schedule, it is effectively "new evidence", which is one of three grounds for challenging a TRO.

E. Another ground for challenging a TRO is "manifest injustice". Because Mensah is allowed to BE IN THE TRANSFER PORTAL, but not, you know, ACTUALLY TRANSFER until it will be too late to do so, this is a manifest injustice that allows the TRO to be tossed.

F. IN THE ALTERNATIVE (because a TRO is valid for 10-days or the resolution of the motion, whichever comes earlier), Mensah requests a hearing today. Same grounds as above.

G. Citation of various cases and rationales. Yada yada yada. The good stuff is in the middle of Page 6 and the bottom of Page 10.



Ultimately, I do not deny that a North Carolina judge in a North Carolina court may do a fat lot of nothing and rule in favor of Duke. That possibility always exists, though there are no "good" reasons for this, just laziness and "home cooking".

The "good" reasons for doing something are fairly clear. The kid was given 16 hours to respond, and the bizarre ruling both ALLOWS him to ENTER THE TRANSFER PORTAL but PREVENTS him from, you know, TRANSFERRING.

This is the classic "cut the baby in half" solution, and it's stupid. And it really should be overturned, if the court is in any way fair or impartial.

Thank you for helping me get over any unresolved feelings of loss for not having been able to attend law school.

 

[TheOriginalCane]

I'm sorry, but with all due respect to @Ispyin , I have definitely come to the conclusion that David McKenzie is either (a) stupid, or (b) intentionally misrepresenting facts in order to make himself appear correct, even when he is not, in fact, correct.

This motion is being made in order to have a ridiculous TRO tossed out, or else to move a hearing up to today's date. It is not supposed to be a full recounting of all the things (right or wrong) that Darian Mensah has ever done in his entire life.

IT'S NOT SUPPOSED TO BE A "MEANINGFUL ENGAGEMENT" WITH THE PHILOSOPHICAL MEANING OF THE WORD "COMMITMENT". It's a god**** short brief on the legal reasons why a 10-day TRO for a hearing 13 days in the future should be tossed out, or in the alternative, for the hearing to be moved up.

David McKenzie is an absolute garbage human being.

 

[RVACane]

These duke fans cosplaying as lawyers are hilarious man. They genuinely think (unless Mensah just decides to drop this whole thing, which at this point, I doubt lol) they are going to "win". They are going to get some money and enjoy that QB from San Jose St they brought on a visit. Embarrassing stuff

yes i agree

On another point, will you be changing your name to “The Sanchize” or “The Sanchise” at some point? We already have @The Franchise but he’s shy and doesn’t post lately so there’s an opening.

How are you with fireside chat types of posts?

 

[TheOriginalCane]

This guy’s a moron. When I was in law school I’d listen to morons opine in class discussions and say to myself wow one day people will be depending on these people with their lives, with their businesses at stake. Scary.

I can't give this post enough 100's.

 

[CanesDynasty]

I actually watched Indiana celebrate and was in some bizarre way happy for them. It ****ed me up really. I’m certainly not getting more mature or growing up. They showed big balls in that game and made the plays when they needed to. Sure we can blame O’Connor and Bauman and Beck, but that’s not how I felt personally

This playoff run was my favorite sports memory even though we didn’t close the deal

If Indiana were playing anybody else I would have been rooting for Indiana. Their coach is as cool as it gets. Probably the best coached team I've ever seen.

I felt terrible for our players, but hopefully they can look back and appreciate what they accomplished. The brotherhood on our team was special. It truly felt like they were all playing for each other. Credit to Mario for identifying some real leaders and even guys like Jason Taylor were instrumental in this seasons success

* I want to stay on topic, hopefully we land Cooper Barkate soon