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

[DREW!]

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

What all of this means is that Duke's damages are effectively stipulated by the contract itself. The parties negotiated and agreed that Mensah's exclusive NIL rights were worth approximately $4 million. That is not an arbitrary number—it is the arm's-length, market valuation of what Duke purchased. When Mensah repudiates and licenses those same rights to another school, Duke loses exactly what the parties agreed those rights were worth.

The point is that is not a case requiring speculative damages calculations or replacement cost analysis. You cannot "replace" Darian Mensah's NIL with another player's; the rights are unique to him. The contract has done the damages math for us. Duke's harm is $4 million—functioning as something close to liquidated damages even if not styled as such. That calculability, ironically, may cut against Duke on the TRO, because an adequate remedy at law traditionally defeats a claim of irreparable harm.

 

[DoctorKrazey]

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

We just made a ****load from the playoffs can’t we just give them the 4 mil and call it a day?

 

[flips]

Thanks. The solution is to pay Duke $4m.

 

[ajamaican]

S basically he will be entered into the portal tomorrow, can commit immediately, but can’t enroll/be “official” until the 2/2 hearing unless it’s moved closer?

 

[major kong]

It can be about money all they want it to be. I'm sure they haven't paid him any of or very little of the $4M yet so just cancel the rest and buyout/payback whats been paid. Surely it's monthly or quarterly. Maybe $1M at most or as little as $350k.

If they paid up front, they're pretty stupid.

I would guess he's been paid close to half. But that money is his. It's the value of the next year they'll be squabbling over.

 

[CanesLifer2]

S basically he will be entered into the portal tomorrow, can commit immediately, but can’t enroll/be “official” until the 2/2 hearing unless it’s moved closer?

I’m seeing conflicting my information on this. My understanding is he can enroll ALA Lucas, has NIL agreement cannot stop him from enrolling somewhere else. The only thing that can be damaged this part of this is of monetary value.

Don’t hold me to this, I’m an engineer, not a lawyer lol

 

[JayCane20]

I would guess he's been paid close to half. But that money is his. It's the value of the next year they'll be squabbling over.

Well ya that's what I'm saying. He's already satisfied at least half of the 2 year deal. He enrolled exactly a year ago. Of the $4M for year 2, there's no way they've paid him in advance on the full amount.

 

[aelmiami]

I’m seeing conflicting my information on this. My understanding is he can enroll ALA Lucas, has NIL agreement cannot stop him from enrolling somewhere else. The only thing that can be damaged this part of this is of monetary value.

Don’t hold me to this, I’m an engineer, not a lawyer lol

Seems like Duke is trying to ***** us and him by making him miss spring. I think they have no way of preventing a transfer. They either have to admit he’s an employee or admit he’s not. Can’t toe both lines.

The money thing is what will probably take the longest. Probably wouldn’t even be settled in the near future, short of an agreed settlement.

 

[hotshot]

The board definitely needs more AI slop. We appreciate you bringing it to us.

Can you please poRst more of it? Can you poRst exclusively AI slop?

Can you be our go to version of AI slop over @CIS Al Bot ?

In this case, some of that AI slop turned out to be true.

 

[major kong]

Well ya that's what I'm saying. He's already satisfied at least half of the 2 year deal. He enrolled exactly a year ago. Of the $4M for year 2, there's no way they've paid him in advance on the full amount.

Right, agree completely - I forgot it was a two year 8mm deal! Was thinking two yr. 4mm. So probably settle somewhere close or just pay the 4 and be done with it.

 

[CanesLifer2]

Seems like Duke is trying to ***** us and him by making him miss spring. I think they have no way of preventing a transfer. They either have to admit he’s an employee or admit he’s not. Can’t toe both lines.

The money thing is what will probably take the longest. Probably wouldn’t even be settled in the near future, short of an agreed settlement.

Obviously, it would be really nice to have him for spring, but I’m not too concerned about it to be honest with you. We did just fine this year with Beck having no spring and starting off against Notre Dame.

We have two tuneup games to start next season in case Mensah misses spring ball

It won’t hurt for the young guys to get some reps as well if we don’t bring in an additional transfer

 

[Negro-Wan Kanobi]

Grand opening, Grand closing.

Can I get an encore....

First thing popped into my mind.

 

[pyhooya]

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

So business as usual.............

 

[ristwasdown]

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

And this is exactly why Miami was okay with taking mensah. It's pretty clear

Duke just being a pain in the *** and trying to **** the kid over with spring ball.

 

[Caniac16]

Another good explainer from The Athletic

Duke sues Darian Mensah over star QB’s ability to enter transfer portal while under contract

The case would be the first known instance of a school suing a player to prevent the athlete’s exit.

www.nytimes.com

From the piece:
Trade secrets and sports attorney Kevin Paule called it an “uphill battle” to win an injunction at this stage because of the standard in place. It’s not enough to show the harm Duke would suffer if Mensah leaves; the school has to show that money alone won’t be able to remedy the harm.

“It doesn’t mean that Duke won’t succeed (at trial),” said Paule, a shareholder at the Tampa law firm Hill Ward Henderson. “It doesn’t mean they won’t recover money from Mensah. But I think it would be difficult to make the argument they’ll suffer such harm that if he leaves, they won’t be able to figure out what the monetary amount would be from the NIL standpoint.”

 

[Canes Legacy]

Can’t Mensah make the case that he would be harmed worse by not being allowed to enroll at another school?

 

[obcanes]

Why would you want to force a QB to stay with you that can throw an interception on every play. Get benched. And you are where you were to begin with.

 

[zipcode]

Need to see that Mensah contract with Duke. How it's worded. I wonder if the UM brain trust has laid eyes on it.

You would think we did.

 

[hotshot]

Best case scenario for Duke is they can prevent him from participating in spring ball. Honestly, if the shoe was on the other foot I would not see Mario being this spiteful.

Not so sure about that. It's a cutthroat business.

How'd he respond if some program came all-out for Toney? He ain't taking that lying down.

 

[Santana Sosa]

Y’all help me understand this, because I honestly don’t get it.

What does a school actually gain by blocking a player from transferring? Once you block him and it turns into lawyers and lawsuits, that relationship is done. Why would a kid want to play for you after that?

Maybe I’m just old school, but if a player doesn’t want to be there anymore, I’m letting him go. Yeah, it sucks, especially if he’s a good one, but I’m not trying to force someone to stay.

Like with Malachi, sure, I’m making my pitch to keep them. I’m doing everything I can to sell them on staying. But if they truly want out, I’m not blocking them just to block them. That does nothing for anyone.

Tbh, Duke probably doesn't give two ***** about him leaving. Their fb program has promise, but money is the basis.

In this particular situation tho...it's another team exerting their dominance......in their own conference. And that team is Miami.