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

[We’reBeckCane]

In court papers this kid should start alluding to Duke’s efforts to pursue him while at Tulane.

 

[Manfred_Cane]

The Mensah people had to be know this would not go over well with the Duke people. I doubt they get spooked now.

Thank you!

Miami and their lawyers knew this would be coming, prepped and went over the scenarios with Mensah, before this all happened.

We did our due diligence with Xavier Lucas.

We expected this **** from Duke.

 

[Shogungts]

So if Mensah hired Heitner, he’s definitely not going back lol

To be clear, I don't think he is going back but the Washington QB also hired Heitner before returning to Washington

 

[Manfred_Cane]

It’s going to be just like when a coach signs a contract with a school then bails to another school - we give Mensah the $$ to buy out his NIL deal with Duke and he plays for UM. Duke can absolutely FO tho with crying about it when they did the same thing to Tulane when they got him.

This could've been over already if Duke didn't skip the arbitration.

 

[Manfred_Cane]

Also, the difference between Mensah and Williams situation is also the fact that Williams was gonna go to LSU with Lane. And Lane would've left his *** out to dry to all the public scrutiny that he received. I highly doubt LSU legal team prepped Williams for the **** storm that was gonna come when he entered because his own representation dropped him when he did it.

Miami and the legal team have their **** together and prepared Mensah & his representatives. Especially when it was his representatives that reached out to begin with!

 

[Hold My Beer]

I'm also curious if Williams returned to UW because he situation at LSU changed and that in turn made him hesitant to proceed.

From what I've read, a few things:

1) UW's contract was (apparently) much more airtight, enough so that Heitner advised Williams (and perhaps his handler who'd gotten involved) that his best bet for being able to play next season was staying with the Huskies.

2) Kiffin was probably playing the portal QB's (and their agents) against one another, waiting to see how each's availability shook out. May well have liked Leavitt better (although he'd gotten an early commitment Williams out of high school in PHX way back in 2022) and figured there wouldn't be the same sort of uncertainty going forward

 

[Mr. Dynasty1]

If I was an agent of a really talented player like Mensah who was at a school like Duke, I would encourage my player not to sign any renewal stuffuntil the latest portal deadline. Leaves you option in case bigger fish come calling. Also avoids messy stuff like this

 

[Hold My Beer]

If I was an agent of a really talented player like Mensah who was at a school like Duke, I would encourage my player not to sign any renewal stuffuntil the latest portal deadline. Leaves you option in case bigger fish come calling. Also avoids messy stuff like this

For sure.

Even in a "non-employee" arrangement like College Football, it still comes down to taking the sure thing vs. betting on one's self

 

[Ryanmilli]

This could've been over already if Duke didn't skip the arbitration.

There is a NC statute that expressly allows you to seek injunctive relief pending the arbitration.

 

[Ryanmilli]

For the lawyers on here, can a school add financial penalties in excess of the buyout? Mensah's theoretical buyout currently is $4M, but could a school in the future insert language so that the buyout penalty is worth far more than the value of the contract...i.e. $40M or $400M?

You could put that in a contract but a court generally will not enforce a damages provision in a contract that is unreasonable and disproportionate.

 

[Shogungts]

This feels like Duke just trying to ***** us over for spring.

I don't understand why Lucas could enroll in another school but Mensah cannot.

I am assuming that the contracts were worded differently and/or the state laws are different.

 

[Strobe]

who knew my obsession with the Canes would teach me so much about contract law lmao

I might as well pursue a law degree at this point

 

[Brains]

Feel like I’m the only one not sweating this

I'm not. Also as a follow up to @JamesQuall 's inquiry earlier, even with the Judge putting off enrollment until the next hearing, I don't think there's anything that can legally be done to stop Mensah from enrolling at a new school once he is disenrolled at Duke. I would just proceed with the enrollment process.

 

[CBurrr93]

If I was an agent of a really talented player like Mensah who was at a school like Duke, I would encourage my player not to sign any renewal stuffuntil the latest portal deadline. Leaves you option in case bigger fish come calling. Also avoids messy stuff like this

I’m sure the player likes the security of it though

 

[Brains]

The biggest issue here for Duke is that this judge/court will not be the first in the country to restrain student-athlete mobility through private NIL contracts absent legislative guidance. NIL is the Wild West.

The issue here is monetary damages, which Duke has an argument for. However, Duke’s own damages provisions undercut its push for an equitable remedy via injunction. The agreement caps liability at approximately $4 million and waives consequential damages. While that cap does not function as liquidated damages as a matter of law, it makes it easier for a court to conclude that money damages are an adequate remedy in practice, especially when the alternative is unprecedented judicial involvement in NIL and transfer dynamics.

Basically, they may be able to prove breach, but there is an adequate remedy via monetary damages. Duke “winning on the merits” like that post stated would imply they get their requested relief of an injunction.

yes

 

[Shogungts]

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.

To set a precedent.

Mensah is almost certainly not going back at this point, but so far we have not heard that there was any ill will between him and the school prior to transferring and I would assume that he tried to transfer b/c it was financially advantageous. If a future player is under contract and not at odds with the school, seeing the headaches this is causing - especially if Duke won - would likely give them pause before trying something similar.

 

[Brains]

I disagree with Jorkson and with this Twitterhead. They are just trying to get money here, and he will be gone.

 

[Manfred_Cane]

I disagree with Jorkson and with this Twitterhead. They are just trying to get money here, and he will be gone.

I do think Duke is trying to make it as difficult as possible. Is it to keep Mensah? Probably not. They may know they can't keep him and just want to be compensated. They will drag this out to be a headache.

 

[RozayCane]

 

[FL Cane]

Mom, I’ve made it. VIP status at Islas incoming