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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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Calling all legal scholars & clubhouse lawyers. Have yet to see a clear expiation . . . How can Duke, a judge or court prevent the young man from enrolling in classes at Miami?
 
Manfred_Cane said:
Any judge will look at this and just be like "Duke just take the money and shut up." Cause no judge will be the first judge to force Mensah to stay cause then at that point, you're sayin Mensah is an employee and you're opening Pandora's box.

I don't think a judge will bother dragging this out as well.
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It’s not a remedy in these agreements because it would make them employees of the schools.

You can’t seek a remedy that is not already agreed to in a contract.
 
My question is, does this only occur with very high price tag players? Thousands of kids enter the portal and transfer with no issue. Do the other kids just not set up similar contracts with similar language?
 
Ghandi said:
It’s not a remedy in these agreements because it would make them employees of the schools.

You can’t seek a remedy that is not already agreed to in a contract.
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So there's a chance we don't even have to pay Duke ****?
 
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TallyCane said:
Are they just trying to get us to pay some sort of buyout? Why would you sue the kid for him to stay around when he doesn’t want to?
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I think we all know why - this is about Grade A, pure and unadulterated pettiness. The funny thing is they act like people just forgot that they tampered with and stole him from Tulane in the first place. See, that’s the thing for me: Everyone and their mom can do it, but as soon as we do it everyone is up in arms and has a problem with it.
 
bacane said:
Calling all legal scholars & clubhouse lawyers. Have yet to see a clear expiation . . . How can Duke, a judge or court prevent the young man from enrolling in classes at Miami?
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Seems like the one thing they shouldn't be able to restrict and they're doing it.

Logically, they should be able to prevent him from entering the portal since that is associated with his eligibility and not his education.
 
dycane said:
There is no situation where a court can compel a person to attend a particular university or remain in a job.
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Exactly.

The best they can hope for is to ask for a return of $ paid; but only if it’s spelled out as a remedy.

You can’t say “employee x has to pay $500k to leave the organization”.

That’s what that post was alluding to.
 
Ghandi said:
Exactly.

The best they can hope for is to ask for a return of $ paid; but only if it’s spelled out as a remedy.

You can’t say “employee x has to pay $500k to leave the organization”.

That’s what that post was alluding to.
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I don’t think the damages case is nearly as clear as some believe, either, especially because they can’t tie the consideration to playing football for Duke. ****, discovery would likely show that Mensah saved them money by terminating the agreement. No chance they made $4mm in exploitation of the license.
 
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bacane said:
Calling all legal scholars & clubhouse lawyers. Have yet to see a clear expiation . . . How can Duke, a judge or court prevent the young man from enrolling in classes at Miami?
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Think it's because there is a clause in the contract Mensah signed that says he can't enroll at another university until his grievance has been arbitrated. I belive the contract is presumably valid at this point of the legal proceeding. There's also a clause that Duke has to follow all NCAA rules, which is why the judge required Duke to put him in the portal. So, if I understand this absurd situation right: Mensah will be in the portal, but cannot use the portal to transfer to another school. It's like something out of Seinfeld.
 
Ghandi said:
That might be Heitner’s burner account, lmfaooo.

He’s basically legally laid out why these are one-sided deals tilted heavily toward the players.

No chance anything that is multi-year survives in this current climate.
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This is the best quote,

"And honestly?
For a top-14 law school, this contract reads like something written to scare teenagers — not survive a courtroom."
 
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