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

[Caniac16]

So who is right? The Duke AD who says a TRO was issued yesterday or Heitner who says it was denied?

I'm so confused.

The TRO for him entering the transfer portal was denied.

The TRO for him enrolling in another university was granted.

Heitner didn't come out and say the second part explicitly, but it's implied in his "everything else will work out" sentence after saying the transfer portal TRO was denied. He confirmed in some tweet that Duke also filed for a TRO on his enrollment.

 

[RVACane]

Without having read the order denying the TRO, my guess is this is not a slam dunk for Duke as some are claiming. An element of a TRO is that a court has to find a likelihood of success on the merits. If the court didn’t find that then it doesn’t bode well for Duke . . . Also, if the contract is pay to play then it’s illegal and unenforceable but again haven’t read the complaint, the order, or supporting case law.

Now I know why you joined.

 

[Notsince1985]

The TRO for him entering the transfer portal was denied.

The TRO for him enrolling in another university was granted.

Heitner didn't come out and say the second part explicitly, but it's implied in his "everything else will work out" sentence after saying the transfer portal TRO was denied. He confirmed in some tweet that Duke also filed for a TRO on his enrollment.

Gotcha, thanks.

 

[beantowncane]

With the way things have gone so far, fair to assume Duke will enter Mensah into the portal at the very last second.

 

[Notsince1985]

I'm going to go binge watch Law and Order. I'll be back with my thoughts on this at a later time.

 

[NorthernVirginiaCane]

So what’s keeping this from being a done deal?

Legal hearings need to be scheduled and take place - preliminary injunction is what, Feb 1? What if Duke wins that, and then there are appeals.

And Miami and Duke need to negotiate a settlement.

Hopefully soon but probably need to work it out for a while.

 

[Cribby]

Are you sweating this at all @Cribby ?

Absolutely not , not even thinking about it . Mensah is our qb .

 

[tr1ck]

This is a mess poor kid gonna get so much hate from other fans and media when he on our team playing next year. We bouta be more hated from everybody hahaah

 

[BP Joe]

If the damages could be monetized, then no equitable relief (meaning no injunction). The Duke complaint alleges "irreparable harm," meaning that Duke could suffer damages that cannot be fixed with only a monetary award. In the contract, Mensah already stipulated to injunctive relief if he breaches the contract (that can be overcome, but it creates an assumption of irreparable harm). I'll be interested to see what Mensah files in response to the Complaint and request for equitable (injunctive relief).

These NIL contracts pay in advance? Why would someone structure a contract to pay out before spring practice/closing of the portal in this wild, wild west environment?

 

[We’reBeckCane]

I'm going to go binge watch Law and Order. I'll be back with my thoughts on this at a later time.

That would better prepare you to help out UGA. Instead, turn to reruns of the People’s Court.

 

[Brains]

So them entering his name has no bearing on his ability to enroll?

All you have to do is not be enrolled at the other school. Then you can enroll at the new school.

"Entering his name into the transfer portal" is just a way of saying he's no longer enrolled as a student at that institution.

 

[mosthated305]

This is a mess poor kid gonna get so much hate from other fans and media when he on our team playing next year. We bouta be more hated from everybody hahaah

He'll fit right in then

 

[CanesHoopsman]

The deadline hasn't passed. Why can't he?

He's a true junior. He isn't 3 years post high school.

 

[Ghandi]

If the damages could be monetized, then no equitable relief (meaning no injunction). The Duke complaint alleges "irreparable harm," meaning that Duke could suffer damages that cannot be fixed with only a monetary award. In the contract, Mensah already stipulated to injunctive relief if he breaches the contract (that can be overcome, but it creates an assumption of irreparable harm). I'll be interested to see what Mensah files in response to the Complaint and request for equitable (injunctive relief).

You can’t clearly document the relief ($4M) and then turn around and say “That was a lie! This will hurt me more than the $4M I said would be enough when we agreed and signed”.

The court isn’t there to give you a do-over on bad contract language.

 

[bacane]

Miami needs to set up a visit with the San Jose QB.

 

[Calinative]

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

Tight regarding damages maybe, not school he will play for.
Even then Mensah will have his argument for reduced damages

 

[JD08]

CIS University!

You can’t click on “next page” without getting a billable page in here from all of the lawyers that PoRsts or Maude here, right @RVACane? @JD08

Objection! Hearsay.

 

[RVACane]

If Duke goes forward with the lawsuit/case AND gets another QB in the portal, one would think they'd lose support they have in the court of public opinion.

They would have remedied non monetary damages to an extent

 

[ristwasdown]

The TRO for him entering the transfer portal was denied.

The TRO for him enrolling in another university was granted.

Heitner didn't come out and say the second part explicitly, but it's implied in his "everything else will work out" sentence after saying the transfer portal TRO was denied. He confirmed in some tweet that Duke also filed for a TRO on his enrollment.

It was pretty straight forward. The judge read the contract. An emergency hearing. No reference of the portal, so it was denied and he therefore he can enter. Language around transferring, so it was granted. That first hearing wasn't about merits and what should occur.

Was simply adhering to the contract until the real hearing can occur.

 

[Cribby]

This was the equivalent of a three-year-old, holding their breath having a tantrum on the floor