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

[jifarina]

Duke is doing this to ensure that if Mensah can go somewhere, which precedent dictates he will be able to, that Mensah will not be able to participate in spring ball unless it's Duke.

 

[dirtyred786]

I really hope Heitner is not running lead on the litigation. Mensah needs real litigators. The idea a judge can enjoin someone from transferring schools is beyond the pale.

They cant because then they would have to recognize Mensah as an employee of Duke, and they do not want to open that can of worms. With player employees comes players unions and they are terrified of that.

 

[CanesLifer2]

Hey thats me ...also not the answer I was hoping for. Feel like there's always that risk that some judge tries to make an example. Hope its not at our expense

I get it. But no attorney is going to go into a case and guarantee a judge will or won’t rule something.

Hopefully this gets resolved sooner rather than later

 

[CanesLifer2]

Where’s our resident lawyers?

 

[88]

Legally what’s stopping Mensah from participating in spring ball anyway.

 

[anr96]

 

[drewm3i]

The ACC refs are going to **** us over this next year, aren't they?

 

[Notsince1985]

I know twitter is not real life, but based on the tweets from Duke's 23 fans, they don't want Mensah back. And a couple of players, while not saying anything directly, kind of hinted they're ready to move on, and not exactly thrilled with him. If for some reason he went back, it would be very awkward.

 

[Notsince1985]

The ACC refs are going to **** us over this next year, aren't they?

Which is different from every other year?

 

[CanesLifer2]

The ACC refs are going to **** us over this next year, aren't they?

Par the course, how’s it any different than every other year?

 

[Alex Del Piero]

Someone explain this like I’m 5

 

[Notsince1985]

Someone explain this like I’m 5

Duke = Babies

 

[Manfred_Cane]

Can't wait for him to enter the portal and commit to us

 

[Caniac16]

Someone explain this to me like I have no law background, which I don't.

 

[Problem2]

TLDR: Best case, Duke will get the $4 million back. That's it.

 

[Manfred_Cane]

Again, they can not withhold him from transferring somewhere else. They're doing this to make his life difficult and redeem any compensation.

 

[canes1239]

Someone explain this like I’m 5

Basically he thinks that Duke’s argument for damages is clear and that the damages = the $4mm paid to Mensah. But since the contract outlines the damages precisely, it weakens the argument for the TRO since you need to prove that “there was irreparable harm for which there is no adequate remedy at law”. Since the contract says that the cost of breaking the contract is $4mm, that shows there is a way remedy this by paying $4mm.

So my read of his opinion (not mine since I haven’t read the contract) is that the TRO preventing Mensah from enrolling is weak and should be arguable but that Miami / Mensah would owe $4mm to Duke

 

[sedlst11]

TLDR: Best case, Duke will get the $4 million back. That's it.

Im pretty dumb and thats what I got from it

 

[dycane]

This is garbage. They want to effectively interpret that provision as a restrictive covenant. It is not. And even if it were, it would not be enforceable because there is no LBI to support it. This is not an agreement with Duke. There is absolutely no legal basis to enjoin him from transferring schools.

 

[Handsome Squidbum]

Someone explain this to me like I have no law background, which I don't.

I am a lawyer but I am being lazy so I will copy paste from Gemini, which I think gets it right.

Based on the legal breakdown and the current status of the case as of January 20, 2026, here is my "prediction" for who prevails.

In the legal world, we'd say Mensah wins the war, but Duke might win a few battles. ### Why Mensah Likely Prevails (The "War")Ultimately, Mensah will likely play for Miami in 2026. Courts are historically loath to grant "specific performance" in personal services contracts—meaning they won't force a player to play for a team they want to leave.

1. The "Price Tag" Defense: Because Duke capped liability at the $4 million value of the consideration, they effectively admitted that $4 million makes them "whole." In North Carolina, if money can fix the problem, there is no "irreparable harm," and an injunction is legally improper.
2. The TRO Denial: The fact that the judge already denied the emergency TRO today is a massive signal. It means the court doesn't see this as a "stop everything" situation. By the time the preliminary injunction hearing happens on February 2nd, Mensah will already be deep into the enrollment process at Miami.
3. The Settlement Factor: Duke's goal isn't necessarily to keep a miserable quarterback; it's to get paid. By filing this suit, they are "fixing the fight" to ensure they get that $4 million back (or more). Most experts expect a settlement where Miami's NIL collective pays Duke to "release" the exclusivity rights.

Where Duke Wins (The "Battles")​

Duke has a very strong case for breach of contract.

• The Judgment: Duke will almost certainly win a money judgment. Mensah did breach the clear terms of his deal.
• 
  
• The $4 Million Check: Mensah (or Miami) will likely have to pay Duke back. Duke’s draftsmanship was successful in one major way: it turned a "free" transfer into a $4 million transfer fee.