Recent content by Pompous Elitist

I read they (Tulane) didn’t have a scholarship to give but you could be right. However, I don’t really see why they wouldn’t be able to offer him a scholarship after he “walked on”. In any event he didn’t have to sit out a year. Lucas was also able to enroll and play. Wisconsin alleges Miami...

Again, I’m not opposed to specific and defined consideration in contracts and yeah, the court may find in Dukes favor here. I think it’s a ludicrous argument to argue irreparable harm when Mensah did not have anything to do with a) the anti-competitive transfer portal or b) Dukes’ failure to...

I’m sure. Doesn’t mean the players know that. Unenroll at school A, enroll at school B. Jake Retzlaff did that this past summer and threw for 3168 yards at Tulane this season. Xavier Lucas played at Miami doing the same. Can the NCAA prove tampering? Not without a lot of help.

Duke’s contract with Mensah for example is alleging “irreparable harm” if Mensah breaks his contract and is subject to injunctive relief (ie potentially very high monetary loss by inability to move on) but in the same paragraph stipulates if Duke breaks the contract Mensah does not suffer...

Make the buyouts hurt.

^ You acknowledge the players are actually employees not ICs You acknowledge the schools are liable for their share of FICA taxes You acknowledge this is a farce perpetrated on the hapless unsophisticated players and families by the conferences, schools, and their current and future private...

I believe even the NCAA has folded up the tent on that. We’ve moved on to years of eligibility.

TRO until a non-biased court hearing. Original judge recused himself as a Duke booster. We’ll see what happens. What damages would you suggest are appropriate if an employee jumps ship? That is generally defined in a contract. Wasn’t here. “Irreparable harm” to a wealthy institution like...

There is no fair or unfair only what was specifically agreed to in a contract. Would you sign a contract that states you’re on the hook for unlimited “damages” if you leave for another position? No, and no court would find that enforceable, I’d guess.

Yep they are considered independent contractors which is a farce, legally or common sense-wise. There are tenets of employment versus IC and violators face very stiff penalties. Shall we proceed through each point? However, there are always carve outs so… Jiffypop at the ready.

In the Mensah case the hearing is Jan 29 so we will get a better idea of what irreparable harm amounts to and whether the non-Duke booster court agrees with Duke’s arguments..put a provable number on the NIL value... Good luck, since it’s obviously pay for play. From a common sense standpoint...

However this tragi-comedy turns out one thing is for sure: players and their representatives will scrutinize contracts and schools with a prejudiced eye, and use and insert or delete numbers and words from their contracts more carefully. They have all the leverage, in the end. What desirable...

So, you’re alleging this is then pay for play. An he is an employee of the school.

A non-compete like that would never be enforceable, as you know. The terms of the contract can be solid, or they can be squishy. As you know.

We will see selective application of the rules. Written by _______.