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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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Dont have time to read 20 pages. Is this a Demond UW situation where he's gonna get scared into staying or we good? thank you in advance
 
Caniac16 said:
I think at Stanford would be ideal. Fly out west super early.
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I would much rather play that game early in the season. I’m expecting Stanford to be a much improved team in ‘26 and between that and the west coast trip, it’s a potential unexpected L if it’s played later in the season.
 
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Caniac16 said:
Heitner has insinuated that there is a TRO preventing him from enrolling in another university.
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Thanks. I missed that and admittedly did a bit of a drive-by post.

I looked at the online docket and there is no order posted yet. It’s hard to tell what exactly the judge did without reading an order.

Heitner’s tweets are confusing. He says in one tweet that the rest will be decided later (assume he means at the PI hearing) and in another that Mensah is prevented from enrolling in another institution for the “time being.” Those two statements are contradictory. If the judge granted the TRO in part, that’s a strange way to convey that.

It’s unclear to me why the judge decided anything if he’s conflicted. And I agree with @dycane that Heitner should remove to federal court. The complaint alleges Mensah is a “resident” of North Carolina but I doubt he’s a “citizen” of North Carolina for diversity jurisdiction purposes. There is a high risk of getting homered in state court in Durham that would be lower in federal court.
 
Brains said:
That's exactly what I think is going on. They have zero interest in blocking his transfer or in creating direct conflict w/Miami. They just want their exit fee.

I haven't read the contract, but I suspect there is an exit fee, and they would be entitled to something. Rather than fight over that for too long, the parties will likely quickly resolve a number out of court, or it may be a liquidated damages situation that the judge can rule upon at the hearing.
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Been reported there is no buyout unlike Washington qb
 
An issue I have with these agreements is that they often have language that creates a discretionary buyout that the university is to decide. If this agreement has similar language no court will allow Duke to choose a buyout figure.
 
TboneJones said:
An issue I have with these agreements is that they often have language that creates a discretionary buyout that the university is to decide. If this agreement has similar language no court will allow Duke to choose a buyout figure.
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The buyout should be what they paid him. The remedy for a breach of contract is usually to "make whole." Everyone is back where they were before the contract. They paid him 4 mil, they get back 4 mil. Don't see how Duke has much discretion in determining the buyout figure.
 
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…..
 
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NorthernVirginiaCane said:
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 waving 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.
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What a mess!
 
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NorthernVirginiaCane said:
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 waving 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.
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The way Duke wrote the contract with restrictive non-compete covenants makes it look like Mensah is a paid employee of the school.

Not sure that’s the hill they want to die on.
 
NorthernVirginiaCane said:
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 waving 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.
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But wouldn’t that mean he’s an employee not s student of the university? I guess what I don’t fully understand is does duke “winning” the case. Whatever that looks like, mean he can’t play or here just lose/payback the money.

I’m sorry if someone already this. But from one page to the next I feel like the answer changes.
 
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