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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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FL Cane said:
If you want to see the docket, here it is: https://portal-nc.tylertech.cloud/a...ED9B3133C926041DBE4DF9D3B797/anon/portalembed.

No order uploaded to it as of yet. Also interesting to see that Notice of Effort they filed. In addition to filing suit, you need to also effectuate service as a Plaintiff. You can’t just file suit and demand relief via TRO without making efforts to reach the Defendant. Doing so would be an ex parte action, which is permissible in certain circumstances but not immediately apparent here.

Also, seems they’ve called, texted, and email Mensah with no noted response. So everything (as it should be) is going through his reps. Also no Notice of Apperance from Mensah’s legal team. Heitner doesn’t make it sound like it, but genuinely wondering if Mensah even had counsel at the hearing, being that they didn’t even get 24 hours notice.

Overall it makes sense they denied the TRO on portal but granted as to the rest, which deal with the merits of the case. Nowhere near enough time to brief court. Also, judge should’ve recused before all of this.
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His lawyers should’ve accepted service and immediately removed the action to federal court. Then Mensah could’ve withdrawn from Duke and enrolled at Miami before Duke could get to a judge.
 
FL Cane said:
If you want to see the docket, here it is: https://portal-nc.tylertech.cloud/a...ED9B3133C926041DBE4DF9D3B797/anon/portalembed.

No order uploaded to it as of yet. Also interesting to see that Notice of Effort they filed. In addition to filing suit, you need to also effectuate service as a Plaintiff. You can’t just file suit and demand relief via TRO without making efforts to reach the Defendant. Doing so would be an ex parte action, which is permissible in certain circumstances but not immediately apparent here.

Also, seems they’ve called, texted, and email Mensah with no noted response. So everything (as it should be) is going through his reps. Also no Notice of Apperance from Mensah’s legal team. Heitner doesn’t make it sound like it, but genuinely wondering if Mensah even had counsel at the hearing, being that they didn’t even get 24 hours notice.

Overall it makes sense they denied the TRO on portal but granted as to the rest, which deal with the merits of the case. Nowhere near enough time to brief court. Also, judge should’ve recused before all of this.
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The TRO was granted, which is why there is a hearing on the 2nd. TRO's are "temporary, as in "Temporary Restraining Order." This is going to be an absolute ****show. I'm not sure Duke has thought this through. They really want the kid on the team at his point? They are litigating with him.
 
The local 99.9 sports radio here in Raleigh basically said Duke will have to settle for something quietly during arbitration (take a payout from Miami was mentioned), Mensah will enroll @ Miami, and Duke will have to suck it up and deal with it.
 
If he denied both tro he would have essentially ended the case when he was effectively trying to recuse himself.

Any language stopping him from going or playing at another school is deceptive because they had to come up with some cute way to make it pay for play but avoid saying it was actually pay for play, but the goal and end result of the restrictions matter more then how its worded.

It’s going to be really hard for Duke to argue how it’s not pay for play but they’re main objection is him playing for someone else and not monetary compensation.

It’s laughable to think a judge is going to side with an institution using deceptive wording and denying the arbitration clause, they themselves wrote into the contract. Saying it sucks to be you to the individual, you should have read it better now you can’t go to the school of your choice or earn.

The tro looks more like an attempt to deny timely arbitration more than anything else. They know there are deadlines involved and if they can delay long enough they could get what they want. It’s likely why the first judge lifted the first tro. I fully expect the second judge to lift the other tro quickly be their commitment to arbitration has already been demonstrated as not genuine and a delay tactic. They could be having those talks now but they’re not.
 
Mr. Dynasty1 said:
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
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His biggest mistake in the whole process was signing too early last year. He was one of the first QBs off the board and I think Duke was his only visit.
 
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Canesfreak said:
The TRO was granted, which is why there is a hearing on the 2nd. TRO's are "temporary, as in "Temporary Restraining Order." This is going to be an absolute ****show. I'm not sure Duke has thought this through. They really want the kid on the team at his point? They are litigating with him.
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TRO only granted as to him enrolling elsewhere but denied as to portal. It’s emergency relief to give time to hear the actual merits of the case. I don’t think Duke has a strong case here
 
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CreativeCane said:
No way this 2-year starter would commit to them as they continue to pursue Mensah, right? Wouldn't he want a guarantee he's the guy?
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Yeah and he’s also a RS-S.

He’s not leaving a starting role to potentially backup Mensah in his final season of eligibility.
 
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