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

[Felonious Monk]

Should’ve taken Lagway when you had the chance

Eagerly awaiting Phil>Mensah.

But more importantly, how do you feel about blocking running backs.

 

[dycane]

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.

You basically cannot appeal a TRO.

 

[El Orange]

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.

The problem is this Duke Mensah agreement also defers to the NCAA rules as taking precedence above any other arrangement. And NCAA rules, as granted by the SC state kids are free to transfer.

 

[dycane]

I asked around. Pops owns a big orthodontic practice in Newport Beach. Well connected guy. Zero chance Duke would try to leverage his son.

 

[hoops156]

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.

then the contract itself isnt a valid NIL contract and it is unenforceable

 

[hoops156]

You basically cannot appeal a TRO.

been years since ive went to court (im in house now so no more court life for me thank god), but i believe youre right. the TRO itself was improper in terms of the enrollment part.

 

[JayCane20]

USC needs WRs. Only thing I would be concerned about here.

 

[JHallCanes]

then the contract itself isnt a valid NIL contract and it is unenforceable

Saw people saying it was incentive based? Which I thought NIL couldn’t do?

 

[El Orange]

been years since ive went to court (im in house now so no more court life for me thank god), but i believe youre right. the TRO itself was improper in terms of the enrollment part.

Yea i think it's very clear that the TRO was a bull**** attempt by a Duke booster (the judge) to give Duke some time to convince the kid to come back and or to raise more money to induce him to return.

 

[MumbleRap]

Five. We got no TEs...

Mueller coming to take snaps from the room year 1. He’s the truth

 

[Cane30]

I watched Donno's podcast at lunch today because he had sports and entertainment lawyer and Miami grad, Alan K Fertel on talking about this case. This isn't a slam dunk for Miami at all. I am not typing it all out. He thinks they end up in a room hashing out a settlement where Miami probably pays a lot of money.

 

[ShadowSpring]

I watched Donno's podcast at lunch today because he had sports and entertainment lawyer and Miami grad, Alan K Fertel on talking about this case. This isn't a slam dunk for Miami at all. I am not typing it all out. He thinks they end up in a room hashing out a settlement where Miami probably pays a lot of money.

exactly what we been saying the whole time. Duke will get a buyout

 

[El Orange]

Final thoughts and I'll stop spamming the board today:

Every NIL agreement must defer to the rules of the NCAA. In other words, you can't have a contract that stipulates that for example, in order to earn your money you must also take steroids and avoid attending class.

The NCAA was legally forced to allow transfers, and thus the right of a student athlete to leave his school is now as fundamental to the NCAA rules as the banning of PEDs and going to class, and thus should not be permitted in ANY NIL DEAL. Any deal made with such language should be invalidated by the NCAA itself.

Otherwise, I could create an NIL deal which stipulates the student may never be drug tested, or that a former NFL player could return, etc etc.

(BTW disclaimer im NOT A LAWYER so don't take this as authority in any way. Just seems logical to me)

 

[SWFLSWAGG17]

This SHOULD be treated as fact tho. Because if I found access to her...I'm likely going to prison.

"Hey Sidney, I'm the CIS Special advisor to the Mope Society" You are ******' my boy.

 

[Alex Del Piero]

 

[SWFLSWAGG17]

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....

But does he know @DMoney ?? If he is not on Andijar and Levine's team, is he really that important?

 

[GOCANES05]

"Hey Sidney, I'm the CIS Special advisor to the Mope Society" You are ******' my boy.

LMAO SWFL , you are the BOMB

 

[jackedaround]

why dont the canes just do a side agreement to share the NIL profit with duke for the 1 year?

 

[ThomasM]

Should’ve taken Lagway when you had the chance

One man's trash is another man's trash as well. No thank you.

 

[TheOriginalCane]

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.

And what would happen if he violates the TRO? A fat lot of nothing.