Duke QB to Miami?

[FloridaCuse]

When you have the facts, you argue the facts. When you have the law, you argue the law. When you have nothing else, you argue the witness/judge/police.

I think we are viewing Mr. Mensah's legal standing in this matter. This so not to say he will not play in Miami this fall, but someone will be shelling out some money. Just a guess.

you also scream like heck.

 

[Cusefan69]

His lawyer, who also teaches I believe NIL law at the University of Miami Law School, is now claiming on Twitter that the judge who held the hearing on the Duke complaint and request for a TRO, and who recused himself because he is a Duke basketball season ticket holder, should not have ruled at all and also his wife is a Duke library staffer.

Him teaching Nil law which I am not sure is even established law is a bit of fluff. I would imagine Florida contract law would govern constructs between Miami and players and so he is probably has contract law background in private sector or perhaps on behalf of municipalities. The fact that the NC judge recused himself is an excellent display of adherence to legal integrity which is in short supply nowadays.

 

[FloridaCuse]

Him teaching Nil law which I am not sure is even established law is a bit of fluff. I would imagine Florida contract law would govern constructs between Miami and players and so he is probably has contract law background in private sector or perhaps on behalf of municipalities. The fact that the NC judge recused himself is an excellent display of adherence to legal integrity which is in short supply nowadays.

From what I've seen on his Twitter feed over the last 4 or 5 months, and some articles he's written, I think he his practice includes a fair amount of representation of athletes who sue the NCAA for additional eligibility. I don't know if he's formally an agent but he may represent sports agents also. I think I read that he represented Mensah when he signe his contract with Duke. Heitner's point about the Durham judge is that even though he recused himself, he did so only after ruling on the initial Duke complaint. The judge denied a TRO (temprorary restaining order) on Mensah entering the transfer portal, but granted the others that Duke requested. I assume the judge did so because it was randomly assigned to him and requests for TROs have to be acted on quickly.

 

[Cusefan0307]

I don’t feel bad for Duke. Their basketball program has been getting away with shenanigans for years. What goes around comes around. Hope he ends up at Miami and Duke has to start Carlos Boozer at QB.

 

[FloridaCuse]

Full Tweet:

The TRO is out. There is no question Duke won—and won big—round one. The court enjoined Mensah from enrolling anywhere, playing anywhere, or licensing his NIL anywhere. The court did not enjoin Mensah from entering the portal, but so what?

The portal carve-out is meaningless for now. Yes, the order states that "nothing in this temporary restraining order shall be construed as to prevent Mensah from entering into the transfer portal." The court offered no explanation for this carve-out. No findings of fact. No legal reasoning. It simply appears in the decretal language without support.

But at this time, and I stress "at this time," every school considering Mensah now knows three things. First, Mensah cannot enroll. Second, he cannot play. Third, Duke holds exclusive rights to his NIL through December 31, 2026. Any school that signs him takes on a player who cannot suit up and cannot generate NIL revenue— the two categories that presumably matter most for a college quarterback.

Yet, this is only temporary, and things may change soon— though I honestly doubt it based on the public and court record of this dispute. More to come on Duke v. Mensah. The preliminary injunction hearing is February 2. The actual merits go to arbitration. But the early returns suggest North Carolina courts still enforce agreements as written.

 

[Cusefan69]

Full Tweet:

The TRO is out. There is no question Duke won—and won big—round one. The court enjoined Mensah from enrolling anywhere, playing anywhere, or licensing his NIL anywhere. The court did not enjoin Mensah from entering the portal, but so what?

The portal carve-out is meaningless for now. Yes, the order states that "nothing in this temporary restraining order shall be construed as to prevent Mensah from entering into the transfer portal." The court offered no explanation for this carve-out. No findings of fact. No legal reasoning. It simply appears in the decretal language without support.

But at this time, and I stress "at this time," every school considering Mensah now knows three things. First, Mensah cannot enroll. Second, he cannot play. Third, Duke holds exclusive rights to his NIL through December 31, 2026. Any school that signs him takes on a player who cannot suit up and cannot generate NIL revenue— the two categories that presumably matter most for a college quarterback.

Yet, this is only temporary, and things may change soon— though I honestly doubt it based on the public and court record of this dispute. More to come on Duke v. Mensah. The preliminary injunction hearing is February 2. The actual merits go to arbitration. But the early returns suggest North Carolina courts still enforce agreements as written.

 

[MikeSU02]

I don’t feel bad for Duke. Their basketball program has been getting away with shenanigans for years. What goes around comes around. Hope he ends up at Miami and Duke has to start Carlos Boozer at QB.

All I could think of is when he had spray on hair and him trying to wear a helmet with it. Legit lol'd.