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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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Cribby said:
I implied before he entered the portal we’d pay a buyout which was later reported by multiple outlets. Duke just decided to make a stink out of if which wasn’t expected.
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@Cribby Are you concerned at all after this ruling that we may not get Mensah to be our QB next year? God knows we need him.
 
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yes we know he can transfer wherever he wants, question is will he still be able to be compensated via NIL.

for example OL **** Dend had a buyout well apparently he doesnt
 
mossmadness said:
I’ve never dealt with them. I do personal injury law. We have automatic stays before we have TROs.

Only thing I can think of if trying to “read the tea leaves” is a low TRO would be:

1. For a fairly poor plaintiff that you don’t want to deter from being able to file a TRO. They do serve an important purpose within certain areas of law.

2. You think Plaintiff is going to lose and don’t want to punish them too much because you like them.
Think of all the TROs we have seen filed against Trump. Most of them were granted by sympathetic lower courts. The Plaintiff purposely chose those courts via venue shopping for that very reason. Most of them were stayed by higher courts.
You’re not going to set the bond to an amount that would possibly deter the TROs against the administration even if you know it’s bull**** but you’re sympathetic to the bull****.
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Duke is the plaintiff here correct? Who sets that? The court or the plaintiff? I appreciate you spelling this out. I’m fortunate to have spent my 35 years outside the judicial system so I’m about as knowledgeable as a 4 year old in the actual inner workings of this stuff.
 
Handsome Squidbum said:
I don’t know of any precedent that prevents Miami from enrolling Mensah. A NC court determination about enrolllment means nothing to Florida. Students are dual enrolled at two universities all the time. All he has to do is send his enrollment paperwork to Miami and Miami can enroll him.

If Duke wants to keep fighting to keep him off the field due to contract law and NIL,
they can obviously do that. But you can’t prevent a student from enrolling at another university any time he wants. He’s not a slave where they decide he doesn’t get to leave the plantation
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To clarify- Court could hold him in contempt for enrolling in violation of the TRO, but I think his lawyers have a very strong argument for an emergency motion to let him conditionally enroll as a student before the Miami enrollment deadline. He wouldn’t be able to participate in sports activities until it’s sorted out but it’s crazy to think a court would tell a student he is required to stay at Duke while the lawsuit is pending and miss a semester of his education due to a NIL contract dispute.
 
Problem2 said:



lol
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Animated GIF


Dude has a weird obsession with Miami.
 
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mossmadness said:
TROs are emergency orders where the Defendant doesn’t have a right to respond.

So the Court is taking the rights of Defendant away without Defendant getting to defend himself/herself.
Courts are willing to do that to some degree because it’s temporary. 10 days isn’t that much of a burden.
But it is a burden. As you have lost a right for 10 days at least.

So Courts can require a bond to make sure the side making the allegations is serious. You’re less likely to go down to the court to get a TRO so the state comes and seizes your ex-husband’s firearms, if you have to post X amount in a bond and lose it when the court finds out this was all bull**** at the prelim hearing.
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Further context for the OP—a bond is security against damages caused if the injunctive relief is later determined to be wrongfully entered. It’s discretionary with the judge. Usually the moving party will ask for no bond.

I’ve rarely seen injunctions accompanied by large bonds. But $1k seems very low for a case where the judge is ostensibly denying someone the freedom to pursue an education and other NIL and rev share opportunities. It might as well be zero.
 
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