Yeah I don't think Darian Mensah woke up one morning wanting to be a Miami Hurricane. Some real pressure probably from the Miami NIL lawyer who represent his agents and Miami via a record breaking offer to screw over Duke at the 11th hour and go to Miami. This is so wrong on many levels and screw Miami for even entertaining this to happen. Morals are already low in this business, but they find a way to go lower. This is only happening because Miami became desperate that all the QBs that entered the portal at a reasonable time for their former teams to regroup went elsewhere. Miami will over pay the market price for these QBs because they are terrible at the actual relationship building part of recruiting. You see Miami fans complain they didn't have enough explosiveness on the field on Monday, your the Southeast Florida team in an area that produces that kind of player in volume more than anywhere else in the country. They have a margin of error because of their location and money. Even if Mensah ends up at Miami, I hope Miami reputation gets dragged through the mud and damages are paid one way or another.LOL, and this stupid knucklehead decides (with prompting?...) to test this all by trying to go to a direct conference rival. What a bonehead.
Duke has a rational motivation to say, if you won't play for us, you absolutely can not play for freaking Miami, of all places. If it had been UCLA or Texas Tech or whatever, maybe there is a way out.
Now what if Mensah says fine, rejoins the team, and just turns into a "locker room cancer" and doesn't really try. Can he afford to do that if he wants to keep playing football, especially professionally? (Wait, he is professional now, in reality - everyone is watching how he handles this...) Legally tho, wouldn't Duke have to pay his NIL anyway? It's not contingent on performance I think - could they stop paying if he got kicked off the team for cause?
I think the NIL contract prevents him from playing college football anywhere else, period.They need to fix all of this but I can’t see a way where mensah doesn’t end up at Miami. He can just unenroll ant Duke and walk on at Miami.
Yes, he'll be able to enroll at Miami. But will he be able to play, get paid, and/or owe Duke money.They need to fix all of this but I can’t see a way where mensah doesn’t end up at Miami. He can just unenroll ant Duke and walk on at Miami.
Yes, he'll be able to enroll at Miami. But will he be able to play, get paid, and/or owe Duke money.
He is still bound to his contract.They need to fix all of this but I can’t see a way where mensah doesn’t end up at Miami. He can just unenroll ant Duke and walk on at Miami.
I don't know if Deloitte will have to review that (unless you were intending to use the ever elusive sarcasm font). I think Miami had already figured that they'd need to pay damages of $4 million to Duke and that is included in the $10 million that has been quoted as their cost for Mensah.That's what I was hearing on the radio this morning. Likely outcome is that he can transfer anywhere he wants. But Duke is awarded damages. Which I assume someone at Miami will cover, and the unpaid interns at Deloitte will rubber stamp, at their $250/hour bill rate.
I don't know if Deloitte will have to review that (unless you were intending to use the ever elusive sarcasm font). I think Miami had already figured that they'd need to pay damages of $4 million to Duke and that is included in the $10 million that has been quoted as their cost for Mensah.
Where do we send applications to Deloitte? Asking for a friend.That's what I was hearing on the radio this morning. Likely outcome is that he can transfer anywhere he wants. But Duke is awarded damages. Which I assume someone at Miami will cover, and the unpaid interns at Deloitte will rubber stamp, at their $250/hour bill rate.
I think I saw some items when this Mensah move first started that any payment from Miami to Duke would come out of their revenue sharing cap. This year $20.5. Next year who knows. There are some schools pushing to eliminate any revenue sharng cap.But is that coming out of the $20M from the school? Doesn’t anything else have to go thru the interns?
Full Tweet:
Statement from Duke Atheltics on QB Darian Mensah: “Mr. Mensah has an existing contract with Duke which the university intends to honor, and we expect he will do the same. The court-ordered temporary restraining order (TRO) issued yesterday ensures he does not violate his contract. The university is committed to supporting all of our student-athletes, while expecting each of them to abide by their contractual obligations.”
They need to fix all of this but I can’t see a way where mensah doesn’t end up at Miami. He can just unenroll ant Duke and walk on at Miami.
Personal services contracts (which is what this is) are uniquely susceptible to injunctive relief being awarded as opposed to damages. It’s not like Duke could take $4 mm and go out and buy themselves an equivalent qb.That's what I was hearing on the radio this morning. Likely outcome is that he can transfer anywhere he wants. But Duke is awarded damages. Which I assume someone at Miami will cover, and the unpaid interns at Deloitte will rubber stamp, at their $250/hour bill rate.
I don't know. Miami and Duke may end up reaching a monetary settlement where Duke makes the point but Mensah gets to play. I don't know how if Duke would want to go so far as to prevent him from playing. I think on the legal merits Duke has the better case. As I think the 2nd paragraph of their complaint says, it's a simple case of contract law. There also may be the larger point to make -- keep your agreements.What do you think will be the result of this lawsuit FloridaCuse?
Mensah's lawyer, Darren Heitner of Miami, has been unusally silent about this case on X [Twitter].Amazingly enough Mensah’s lawyer didn’t put out a press release noting this development.
Mensah's lawyer, Darren Heitner of Miami, has been unusally silent about this case on X [Twitter].
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.A view of Mensahs attorney.
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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.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.