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.

 

[sufan59]

 

[sufan59]

 

[Sherman20]

You can't cap NIL. No sport does and the Supreme Court already said you can't (the old cap was $0). Congress is NOT going to do anything with NIL and it would probably be ruled unconstitutional.

If they allow player unionization and collective bargaining, you can have a salary cap and other guardrails.

 

[orangeinohio]

He's entering the transfer portal that is already closed so he can break his supposedly-legally binding NIL contract and sign with a team that has been tampering, but the new team is going to just pay a bunch of money to resolve the issue, so everything is just fine.

 

[Willy75]

Every day the ACC says/does nothing is further proof that the conference is going to bend over backwards to let the three football malcontents trample all over everyone else.

 

[texascpa]

If they allow player unionization and collective bargaining, you can have a salary cap and other guardrails.

I would find it highly unlikely that the player union would bargain into limiting their NIL, given the previous Supreme Court ruling. No league has done that.

 

[FloridaCuse]

Good article in the Raleigh News & Observer.

"I would think Duke would want to make it clear if you come to Duke University, we’re going to treat you fair and we expect you to live up to your contract.”

 

[florange44]

My crystal ball says that Mensah will end up in the NFL supplementary draft in 2026 since his legal case will drag on and he won’t want to risk sitting out a year. Even if the pay is the paltry NFL salary compared to his Miami “NIL” deal.

 

[Libero2]

My crystal ball says that Mensah will end up in the NFL supplementary draft in 2026 since his legal case will drag on and he won’t want to risk sitting out a year. Even if the pay is the paltry NFL salary compared to his Miami “NIL” deal.

That’s a good call out.

He seemingly is a lock to miss spring ball as he cannot enroll. You better believe Dukes intention is to have him in court turmoil into fall camp.

At that point, what is Mensah gaining here? He can’t be paid by either school, can’t play, and is certainly not returning to Duke to compete. So he can sit a year and play college next year, or he can just go pro now, and get a paycheck.

 

[DocFlanders]

I'm glad Duke is trying to hold Mensah to his contract. After this they need to go after Miami because there is no way this wasn't tampering.

 

[FrancoPizza]

My crystal ball says that Mensah will end up in the NFL supplementary draft in 2026 since his legal case will drag on and he won’t want to risk sitting out a year. Even if the pay is the paltry NFL salary compared to his Miami “NIL” deal.

idc what he gets paid as long as it leaves the "U" without a QB.

 

[jgeorge322]

I'm glad Duke is trying to hold Mensah to his contract. After this they need to go after Miami because there is no way this wasn't tampering.

Totally, tortious interference w contract. I imagine Miami will say they were approached and deny offering anything pending his release from Duke. But we know behind closed doors exactly what happened. Miami should be the one getting all the scrutiny, not Duke. These schools all play dirty.

 

[FrancoPizza]

Totally, tortious interference w contract. I imagine Miami will say they were approached and deny offering anything pending his release from Duke. But we know behind closed doors exactly what happened. Miami should be the one getting all the scrutiny, not Duke. These schools all play dirty.

I wouldn't rule out Mensah's agent sniffing around. Can't trust anyone these days.

 

[Tony DeFranco]

My crystal ball says that Mensah will end up in the NFL supplementary draft in 2026 since his legal case will drag on and he won’t want to risk sitting out a year. Even if the pay is the paltry NFL salary compared to his Miami “NIL” deal.

Yep, this kid aint playing college football unless Duke permits him to - I don't know his NFL potential but I would imagine he's gonna loses 4 mil with this stunt and be on a practice squad for a few seasons before he is arrested for a home invasion - I actually blame this all of UM for tampering with him

 

[PeteCalvin]

Yep, this kid aint playing college football unless Duke permits him to - I don't know his NFL potential but I would imagine he's gonna loses 4 mil with this stunt and be on a practice squad for a few seasons before he is arrested for a home invasion - I actually blame this all of UM for tampering with him

UM certainly shoulders much of the blame here, but it takes two to tango. I wonder if the kid caves if things drag towards Spring Ball without resolution? Any chance he crawls back to Duke a repentant man, has a news conference to apologize to the fans?

Either way, he’s screwed himself. He may not be eligible for Spring Ball anyway considering he’s not enrolled. That’s a lot of practice and prep to miss.

 

[FloridaCuse]

Full Tweet:

Thoughts on Duke and Mensah's Options

Option 1: Return to Duke

Theoretically available but practically dead. Duke can't afford to be seen as a paper tiger. If Mensah comes back and plays out 2026 like nothing happened, every future NIL negotiation at Duke starts with the other side knowing that breach is costless. Duke has institutional interests beyond this one quarterback. The precedent matters more than the player.

There's also a contractual wrinkle: Mensah entered the portal, which triggered Duke's termination right under Section III.2(h) of the Duke-Mensah deal. Duke could simply refuse to take him back. The door may already be closed. For heaven's sake, if contracts are going to matter in this new NIL world, it should be.

Option 2: Declare for the NFL Draft

This is where it gets interesting, and I think it's Mensah's most viable path, but it's not clean.

Section III.2(h) gives Duke the right, but not the obligation, to terminate if Mensah "enters into the DRAFT or decides to sign a professional contract." If Mensah declares and Duke terminates, he's free. Contract over. NIL restrictions gone. He enters the draft unencumbered.

But Duke holds that key. If Duke refuses to terminate, Mensah is in limbo. He could be drafted. He could sign a rookie contract— unless I am missing something, nothing in Section VII.3(a) of the Duke-Mensah deal prohibits playing in the NFL; that covenant only covers "collegiate institutions." But the NIL exclusivity in Section I.2 covers "(a) institutions of higher education and (b) the Sport." The Sport is defined as "Football" in the contract. Not college football. Football.

If Duke doesn't terminate, Mensah could theoretically play in the NFL while Duke still holds exclusive rights to his NIL in football through December 31, 2026. Could an NFL team live with that? Probably. They would pay his salary regardless. But Mensah's marketing value, his endorsement deals, his rookie visibility campaign are all complicated by a license that sits in Durham and that belongs to Duke University.

Would Duke actually refuse to terminate just to spite him? I have no idea. I doubt it. But Duke could use that leverage to extract a settlement— return of payments, fees, at least, and probably more.Option

3: Sit Out 2026Mensah could simply wait.

The contract expires December 31, 2026. He enters the 2027 NFL Draft. He loses a year of tape, a year of development, a year of visibility. But he's a redshirt sophomore. He's young. Players have sat out for less.

This is the cleanest exit if Mensah refuses to negotiate and Duke refuses to release him. It's also seemingly the most expensive for Mensah in career terms.

Option 4: Transfer Without NIL

Off hand, this is easily the most legally interesting question. Here, Mensah has room to argue, IMO. Section VII.3(a) includes a covenant against enrolling or competing at another collegiate institution; it is written broadly. It doesn't say "enroll and receive NIL compensation." It says "enroll at or compete in athletics for another collegiate institution." Period. A court could read that as prohibiting any transfer, NIL or not.

But a court might also read the covenant in light of its purpose: protecting Duke's exclusive NIL license. If Mensah transfers but signs no NIL deal with the new school, Duke's exclusive license isn't being infringed— it's just not being exploited by the next school. The harm Duke suffers is reputational and competitive, not contractual.

But here's the practical problem: why would, SAY, Miami want Mensah without his NIL? Any Mensah deal must include his NIL value, not just his arm. If, SAY, Miami can't market him, can't put him in Adidas campaigns, can't use his name and likeness in recruiting materials, what are they paying for? A quarterback they can't promote is worth a lot less than a quarterback they can put on billboards.

So yes, theoretically Mensah could go to Miami and play football while Duke retains his NIL rights through December 31, 2026.

Option 5: Negotiate a Buyout

This is probably where this ends. Duke doesn't want Mensah back. Mensah doesn't want to sit out. The NFL is a maybe. Another school, SAY MIAMI, wants him and allegedly has money to spend.

The question is price. Duke's damages are approximately $4 million AND the value of his NIL. But Duke might demand more: attorneys' fees, reputational harm, a premium for releasing a player mid-contract. Another school might pay it. Or Mensah might pay it from whatever, SAY MIAMI, gives him.Duke's leverage is the injunction. As long as that's in place, Mensah can't go anywhere meaningful. That leverage has a price.

The Bottom Line

Mensah's realistic options are:

1. Declare for the draft and hope Duke terminates (or negotiate a termination)
2. Sit out 2026 and wait for the contract to expire
3. Negotiate a buyout

Returning to Duke is off the table (or should be, IMO). Transferring to another school is blocked by the injunction— and even if a court allowed enrollment without NIL, it would seem like no school would want Mensah on those terms. Correct me if I am wrong.

Regardless, Duke holds the cards. This is Big Game Hunting. Millions are being paid. The words to a contract do matter as do the signatures.

 

[Newhouser]

Miami offers Duke a price. Duke says no. Miami says hey we've got some info about your hoops recruiting...Duke says, send the check.

 

[FloridaCuse]

Full Tweet:

Odds are @McCannSportsLaw has this right. A settlement looms. Why? Some (long) thoughts:

1. Lurking just beneath resolution of the contract issues are issues neither Duke nor NCAA want resolved by a state court. (Is NIL inducement to play in substance of not form? Indicative of employment?)

2. Contract remedies are awkward here for Duke. They can devalue Mensah’s transfer option significantly — and maybe further induce him to stay — but they cannot keep him playing at Duke via contract enforcement alone.

3. It sure seems Miami is willing to pay enough to offset the costs to Duke of losing Mensah. Gains from trade usually means settlement. I think the background legal risk to Duke and the NCAA also tips the scales toward settlement.

4. The NCAA (wrongly in my view) thinks Congress will save it from the antitrust bludgeoning it has been taking. And so it kicks the can. Gets further bludgeoned. Kicks it again. And so on. The colleges don’t want Duke v Mensah to resolve these issues while they wait for their Great Congressional Hope.

5. There’s a lesson for student-athletes in the college athletics business as well. The payoff of the antitrust wins is to be treated like a professional. I understand we are in an awkward in between phase now where everyone is figuring out what that means — institutions and players alike.

But the right that players WON is to be free of collective and collusive rules that limit competition for their services. A right people in most other industries have. BUT — are here comes the dose of medicine — the outcome of that competition is NOT just a bag of money. It comes in the forms of contractual rights and remedies. Just like for everyone else. Contracts in all kinds of industries restrict choices available to trading partners. Sometimes for really good reasons. Exclusive NIL rights might make the bag of money bigger but come with some real obligations.

You, student-athletes, have caught the tiger by the tail. Be careful what you do with it!!!