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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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ddann said:
Can you imagine?

“We literally sued our own QB to force him to come back and play for us one more season.”

How would that even work? He’s out there on the field trying to run a two minute offense to engineer a game-winning drive…and he suddenly thinks, “Hey wait, these clowns screaming and cheering up there in the stands sued me!”
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I don't have to imagine, it's what Washington did.
 
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Bender said:
He's playing for Miami next year. Duke can make flips as much as they want to, but it's their own undoing.

Colleges refuse to accept that student athletes can't be treated legally as employees if they don't want it. This is the same situation here - if Mensah were an employee, this would be totally different. NIL agreements are not binding contracts that force you to stay at a school.

All sports lawers that I follow on Twitter immediately said that Duke has little to no chances winning this because of that little aspect. The judge who rejected the TRO without a written statement was a Duke booster, who proceeded to remove himself from the case afterwards. So even their own folks refuse to participate in this BS.

The legal situation does not allow schools to force student athletes to stay based on a NIL agreement. Heitner is on the case and schools hate him because he practices law the way it is and not the make believe that schools believe it is.

Relax, people. All is well
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Are season ticket holders 'boosters' now?

I don't want to be considered a Venky's booster.
 
Calinative said:
The question is really just how much the damages will be.
I think clearly it's maxing out at $4M which is the presumed Amount that he was set to make.
However I think it's entirely reasonable to have an argument for lesser damages amount. Like ultimately I just think it makes absolutely no sense that you can have a non-employement agreement and not receive ANY money for the 2nd year (the 1st yrs $4M was Paid, and the NIL value from Mensah was delivered to Duke), yet OWE $4M to break that contract.... So for playing 1 year at Duke due to the damages, he'll have essentially made $0.

Like literally Duke will have paid Mensah $4M for 1 year of play, then not paid him anything for this following year, and gets a $4M "damages". So NET they'll have paid $0 and gotten a year of NIL rights... Kinda makes zero ******* sense when you look at it that way. No player should EVER sign a multi-year NIL deal if that's the case.

I just can't see any court ruling that tbh. Wouldn't that be unjust enrichment for Duke...

I'd bet this end with a $1-$3M settlement. Most likely closer to $2M in damages.
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That's a great perspective and start. From there I would take the range of damages and compare it to getting insurance before coming back for another year as a corollary to the value the length of the contract provided from Duke's perspective.

Year 1 he could be said to have made NIL + Insurance Premium, where that premium payment is essentially the damages.

I suspect that this would end up putting you closer to the bottom of your range, but not sure how much underwriters want for that sort of thing these days.
 
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The U is back to work said:
Do you have anything to expand on that? I didn’t think the post was a homer post I thought it was measured so I’m curious what you see as wrong
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The biggest issue here for Duke is that this judge/court will not be the first in the country to restrain student-athlete mobility through private NIL contracts absent legislative guidance. NIL is the Wild West.

The issue here is monetary damages, which Duke has an argument for. However, Duke’s own damages provisions undercut its push for an equitable remedy via injunction. The agreement caps liability at approximately $4 million and waives consequential damages. While that cap does not function as liquidated damages as a matter of law, it makes it easier for a court to conclude that money damages are an adequate remedy in practice, especially when the alternative is unprecedented judicial involvement in NIL and transfer dynamics.

Basically, they may be able to prove breach, but there is an adequate remedy via monetary damages. Duke “winning on the merits” like that post stated would imply they get their requested relief of an injunction.
 
FL Cane said:
The biggest issue here for Duke is that this judge/court will not be the first in the country to restrain student-athlete mobility through private NIL contracts absent legislative guidance. NIL is the Wild West.

The issue here is monetary damages, which Duke has an argument for. However, Duke’s own damages provisions undercut its push for an equitable remedy via injunction. The agreement caps liability at approximately $4 million and waives consequential damages. While that cap does not function as liquidated damages as a matter of law, it makes it easier for a court to conclude that money damages are an adequate remedy in practice, especially when the alternative is unprecedented judicial involvement in NIL and transfer dynamics.

Basically, they may be able to prove breach, but there is an adequate remedy via monetary damages. Duke “winning on the merits” like that post stated would imply they get their requested relief of an injunction.
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Makes sense but in his post he basically said the same thing that Duke likely wins but that win is $4M not Mensah being forced to return to Duke or not play football because that is what the contract states are the damages for breaching it. To me that is what makes the whole suit pointless other than they want to be ****s and drag this out. They could simply say you are clear to transfer you just owe us $4M for the breach. Then Miami or a Mas Bro would just cut them a check and Mensah could move on which is likely what everyone expected since Duke initially said they would enter him in the portal.
 
krashlite1975 said:
Best case scenario for Duke is they can prevent him from participating in spring ball. Honestly, if the shoe was on the other foot I would not see Mario being this spiteful.
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Sure but our expected starting qb would not be transferring to Duke. It would likely be a backup that had no chance at playing here.
 
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wnycanesfan said:
Makes sense but in his post he basically said the same thing that Duke likely wins but that win is $4M not Mensah being forced to return to Duke or not play football because that is what the contract states are the damages for breaching it. To me that is what makes the whole suit pointless other than they want to be ****s and drag this out. They could simply say you are clear to transfer you just owe us $4M for the breach. Then Miami or a Mas Bro would just cut them a check and Mensah could move on which is likely what everyone expected since Duke initially said they would enter him in the portal.
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I really am waiting for the day when a school sues a player for declaring for the NFL Draft.
 
Alex Del Piero said:


Ole Miss initially blocked this guy from entering the portal because he just signed a new deal with them.
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For the lawyers on here, can a school add financial penalties in excess of the buyout? Mensah's theoretical buyout currently is $4M, but could a school in the future insert language so that the buyout penalty is worth far more than the value of the contract...i.e. $40M or $400M?
 
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