Portal Profile: Darian Mensah [Thread Closed}

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Injunctions are often filed as a mechanism to send a message or slow something down. Mensah now has to deal with litigation in federal court (albeit through lawyers), rather than focusing on more important matters (Spring ball).
 
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if you look at the arguments McCann points out Mensah could use one is the contract calls for the 2 parties to use an arbitrator but Duke decided to just bypass that one and sue him. Also seems heitner was the attorney that represented Mensah so I highly doubt he wrote a contract that would not provide Mensah an out if he decided he did not want to attend Duke.
 
if you look at the arguments McCann points out Mensah could use one is the contract calls for the 2 parties to use an arbitrator but Duke decided to just bypass that one and sue him. Also seems heitner was the attorney that represented Mensah so I highly doubt he wrote a contract that would not provide Mensah an out if he decided he did not want to attend Duke.
Some arbitration agreements provide that injunctive relief can be sought in court, while the substantive claims be arbitrated. I am going to pull the pleadings of pacer because this is interesting stuff.
 
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