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

[bobbydigius]

This is just Duke trying to make this messy to be petty to show their fanbase they aren’t going down without a fight while also trying to squeeze some more money out of us. They know we want him in for the spring.

 

[Canesfreak]

Yep.. seems backwards to me. Lucas was handled the other way and then he just unenrolled and enrolled at UM and circumvented the portal.

Not sure of the way around this one.

Lucas's agreement was different from this one. This one is pretty tight imo. I read the complaint and contract last night.

 

[CanesAreAble]

Once duke gets another QB, going to be hard to prove irrefutable harm lol

Was just about to post the same thing.

 

[Dwinstitles]

Duke tears have to be flowing lol

 

[Notsince1985]

Mensah will enter the NFL draft before playing for Duke

 

[mirvin88]

A copy of the contract has been posted online. It is an exhibit to the complaint most likely. It's a very one sided contract. If Duke breaches the contract, the player has very limited monetary damages with the parties waiving consequential, punitive and special type damages. But if the player breaches the agreement, then duke can obtain injunctive relief, preventing him from resuming his athletic career.

it's pretty clear that he breached the agreement. So it's entirely a question of what damages are appropriate. Often, these kinds of one sided contracts are not enforceable and injunctive relief would not be appropriate when clearly there is a finite amount of dollars that would make duke whole.

one more thing. The tro was not granted. That doesn't mean this is over because duke could still win the injunction, just not the temporary emergency one.

also, contracts stimulating ahead of time that an injunction or irreparable harm is “agreed” by the parties are controversial in Virginia. creates a rebuttable presumption…..

In it, Duke states 4m paid. That’s the damages. The rest is just fluff.

 

[CanesHoopsman]

Mensah will enter the NFL draft before playing for Duke

He cant

 

[Dwinstitles]

This could start a Duke Miami rivalry where we completely destroy them yearly. It would be amazing.

 

[ajamaican]

Mensah will enter the NFL draft before playing for Duke

So Miami either way then? I’m with it

I wanted him to enter for my Lolphins

 

[RVACane]

There is a NC statute that expressly allows you to seek injunctive relief pending the arbitration.

It would enable who to seek an injunction, Duke?

 

[Alex Del Piero]

So Miami either way then? I’m with it

I wanted him to enter for my Lolphins

I know it's a joke but he can't enter this year, he is a sophomore.

 

[TwentySix]

I know it's a joke but he can't enter this year, he is a sophomore.

Redshirt

 

[TakeitinDiaz]

In it, Duke states 4m paid. That’s the damages. The rest is just fluff.

But how are those damages? For the 4 million paid, he performed on the football field and gave them an ACC championship. Seems pretty fair

 

[Alex Del Piero]

Redshirt

My bad, he redshirted in 2023.

 

[Golsen82]

Is Eget good? Maybe we try snagging him

 

[NorthernVirginiaCane]

Odds are he plays for Miami next year, but this is in no way a done deal. Sophisticated parties represented by counsel (bad lawyers for Mensah) negotiated and executed an agreement. Mensah breached the agreement.

Normally, courts do not enforce these kinds of injunctions when monetary damages are easily calculable and appropriate. Probably that's the end result. But sometimes judges enforce the letters of agreements, especially when both sides are sophisticated and supposedly have lawyers representing them (as opposed to a consumer signing a form agreement with a big institution).

Duke could easily drag this out so it's not resolved for months.

 

[JD08]

 

[Manfred_Cane]

Is Eget good? Maybe we try snagging him

Why lmao

 

[PIPO]

Isn’t this what was meant when @Cribby said they would get some $$ from Miami?

Not sure if he meant $4 million but it wasn’t $400k either.

 

[RVACane]

They can't lol he's not an employee.

Even if he was an employee they can’t force him to work for Duke.