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

[hoops156]

Could Mensah/UM get an emergency ruling in a Florida federal court overriding any order that the state of north carolina decides so he can enroll immediately?

he can still enroll tomorrow. there is nothing stopping a student from withdrawing and enrolling elsewhere as long as hes admitted into the university.

the only stop is signing an NIL deal because thats the issue here.

now, regarding courts, no. the venue is NC state court. it can be removed to federal court if miami becomes a party into the suit. for now, this is just between Mensah and Duke or if the damages to duke surpasses a certain amount that is sufficient for removal.

 

[El Orange]

he can still enroll tomorrow. there is nothing stopping a student from withdrawing and enrolling elsewhere as long as hes admitted into the university.

the only stop is signing an NIL deal because thats the issue here.

now, regarding courts, no. the venue is NC state court. it can be removed to federal court if miami becomes a party into the suit. for now, this is just between Mensah and Duke or if the damages to duke surpasses a certain amount that is sufficient for removal.

What if he enrolls and Miami offers him an NIL deal immediately. Why couldn't a university in a separate state have a right to offer a deal to a student athlete? I understand that Mensah would technically not be able to sign it yet, but Miami is fully legally allowed to give him a signed offer, no?

 

[n0rcalcane]

What if he enrolls and Miami offers him an NIL deal immediately. Why couldn't a university in a separate state have a right to offer a deal to a student athlete? I understand that Mensah would technically not be able to sign it yet, but Miami is fully legally allowed to give him a signed offer, no?

No because he’s violating the terms of the TRO in North Carolina. Miami can do whatever it wants, but Mensah is bound by it.

 

[dycane]

he can still enroll tomorrow. there is nothing stopping a student from withdrawing and enrolling elsewhere as long as hes admitted into the university.

the only stop is signing an NIL deal because thats the issue here.

now, regarding courts, no. the venue is NC state court. it can be removed to federal court if miami becomes a party into the suit. for now, this is just between Mensah and Duke or if the damages to duke surpasses a certain amount that is sufficient for removal.

He could’ve removed it. And his lawyers should’ve immediately done that and then enrolled him at Miami. Who cares if it’s remanded?

 

[El Orange]

No because he’s violating the terms of the TRO in North Carolina. Miami can do whatever it wants, but Mensah is bound by it.

Right by Miami should enroll him and hand him his offer immediately. It protects the kid knowing he has a deal AND gets him into school now.

 

[wnycanesfan]

Technically it is still open for the Miami players

But will be closed by the time they get any payment out of this since they decided to go the scorched earth lawsuit path rather then take your money and shut up route.

 

[n0rcalcane]

Right by Miami should enroll him and hand him his offer immediately. It protects the kid knowing he has a deal AND gets him into school now.

Mensah could be found in contempt of court by failing to abide by the order or would at least be fined/sanctioned.

 

[Caniac16]

he can still enroll tomorrow. there is nothing stopping a student from withdrawing and enrolling elsewhere as long as hes admitted into the university.

the only stop is signing an NIL deal because thats the issue here.

now, regarding courts, no. the venue is NC state court. it can be removed to federal court if miami becomes a party into the suit. for now, this is just between Mensah and Duke or if the damages to duke surpasses a certain amount that is sufficient for removal.

He cannot enroll until the injunction hearing takes place. It's stupid and doesn't make much sense, but for now, that is the case.

 

[wnycanesfan]

They would be stunned that a judge would allow a kid to choose where he wants to attend college. They do know slavery is no longer a thing correct

 

[hoops156]

No because he’s violating the terms of the TRO in North Carolina. Miami can do whatever it wants, but Mensah is bound by it.

id argue the TRO on its face isnt even something remotely legal tbh. preventing a kid from withdrawing from a school and enrolling at another is something the courts can force? id appeal the TRO and call for an emergency hearing asap.

the issue is whether Mensah breached his NIL deal. if NIL isnt pay for play, then being an enrolled duke athlete isnt something that can be part of the terms of a true marketing agreement. now, if he moves to miami to play and enroll at miami and he cannot complete the milestones/deliverables of the contract because of that then duke can sue for breach and the damages would be liquid. the contract would be done and thats it.

 

[hoops156]

He cannot enroll until the injunction hearing takes place. It's stupid and doesn't make much sense, but for now, that is the case.

i agree that if he enrolls he violates the order from the now recused judge, but id argue that it isnt even something the judge or the law can prevent.

 

[DamnLiesAndStatistics]

he literally is both a fan of theirs but also an intellectual property lawyer that has argued cases before the supreme court of the united states so....

I was not familiar with Waymo Money, Waymo problema arguing before the supreme court... I was referring to his response

 

[El Orange]

Mensah could be found in contempt of court by failing to abide by the order or would at least be fined/sanctioned.

Found in contempt for doing what? Enrolling at another school? I am of the understanding that there is no legal means to stop a kid from enrolling in a school of his choice.

What he can't do is sign an NIL agreement with Miami. But that doesn't preclude Miami from creating, signing, and handing the kid the deal immediately AND enrolling him as a student.

 

[Lagway>Beck]

Should’ve taken Lagway when you had the chance

 

[n0rcalcane]

id argue the TRO on its face isnt even something remotely legal tbh. preventing a kid from withdrawing from a school and enrolling at another is something the courts can force? id appeal the TRO and call for an emergency hearing asap.

the issue is whether Mensah breached his NIL deal. if NIL isnt pay for play, then being an enrolled duke athlete isnt something that can be part of the terms of a true marketing agreement. now, if he moves to miami to play and enroll at miami and he cannot complete the milestones/deliverables of the contract because of that then duke can sue for breach and the damages would be liquid. the contract would be done and thats it.

Agreed. I think the court granted it to maintain the status quo prior to the parties entering into arbitration per the contract’s provision. But yeah, all it comes down to is damages and the judge making the order has some fishy ties to Duke.

 

[El Orange]

He cannot enroll until the injunction hearing takes place. It's stupid and doesn't make much sense, but for now, that is the case.

I see. This is in violation of federal law IMO, and that recused Duke judge is an absolute disgrace and should be disbarred.

 

[Fatboycane]

Shocker that someone with "Nole" in their screen name feels this way.

In that pic, which one is Shannon?

 

[CaneThang2020]

Or the schools can treat the players as employees - can’t have ur cake and eat it too. Call them students/amateurs but then say you can leave my school because ur bound by an employee contract. If coaches can leave and break a contract, so can a kid, although I’m not a fan of breaking contracts (good for us but can be bad for us too if/when the rabbit has the ).

 

[Caniac16]

i agree that if he enrolls he violates the order from the now recused judge, but id argue that it isnt even something the judge or the law can prevent.

I **think** since enrolling in another institution was outlined as a breach of his NIL contract, the judge/law can for now prevent him from breaking that contract until a full hearing takes place.

It would be interesting to see what happens if Miami and Mensah say **** it. But at this point just go along with the game and get him here in February.

 

[Handsome Squidbum]

yes except most agents have multiple players they rep and not all are the subject of "dispute". so prove it...

Agents can also legally do “market research” to figure out the NIL value of a player before the portal opens. A agent could call up a coach before portal opens and say “what would your NIL deal be for a player not named Darian Mensah with stats similar to Darian Mensah.”