Hey legal guys, please weigh in on Darian Mensah

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SeaBee_Gopher

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Demond Williams was forced back to Washington because of his B1G contract. I have to imagine Duke's lawyers were smart enough to put together a solid contract too, right?

https://www.foxsports.com/stories/c...-qb-darian-mensah-transfer-portal-controversy

https://dukechronicle.com/article/d...z-lucas-heitner-contract-arbitration-20260121

I'm really interested in this part of the Duke Chronicle article:

"They could also refute Duke’s claims of “irreparable harm” given that damage liability would be capped at the amount Duke paid to Mensah according to the contract. In theory, since Mensah could be replaced on the field with another quarterback and monetary damages could be repaid, the actions don’t constitute “irreparable harm” to the University.

On the flip side, Duke could argue that because Mensah entered the portal at the last minute, he effectively precluded Duke from signing a replacement transfer. The Blue Devils’ backup quarterback, Henry Belin IV, transferred and committed to Missouri State a day before Mensah entered the portal."

Mensah entering the portal at the last second, reportedly on his way to conference rival, Miami, is a big time jerk move by both him and Miami in my opinion! And right after their backup QB transferred to Missouri State. Wow!!!

We could start seeing some stability in NIL if the conferences start to figure out how to enforce multi-year contracts, right? The B1G has apparently made progress.

I think I hate Miami and Oregon the most in the new NIL world.
 

SeaBee_Gopher said:
Demond Williams was forced back to Washington because of his B1G contract. I have to imagine Duke's lawyers were smart enough to put together a solid contract too, right?

https://www.foxsports.com/stories/c...-qb-darian-mensah-transfer-portal-controversy

https://dukechronicle.com/article/d...z-lucas-heitner-contract-arbitration-20260121

I'm really interested in this part of the Duke Chronicle article:

"They could also refute Duke’s claims of “irreparable harm” given that damage liability would be capped at the amount Duke paid to Mensah according to the contract. In theory, since Mensah could be replaced on the field with another quarterback and monetary damages could be repaid, the actions don’t constitute “irreparable harm” to the University.

On the flip side, Duke could argue that because Mensah entered the portal at the last minute, he effectively precluded Duke from signing a replacement transfer. The Blue Devils’ backup quarterback, Henry Belin IV, transferred and committed to Missouri State a day before Mensah entered the portal."

Mensah entering the portal at the last second, reportedly on his way to conference rival, Miami, is a big time jerk move by both him and Miami in my opinion! And right after their backup QB transferred to Missouri State. Wow!!!

We could start seeing some stability in NIL if the conferences start to figure out how to enforce multi-year contracts, right? The B1G has apparently made progress.

I think I hate Miami and Oregon the most in the new NIL world.
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Agree
 

the fascinating part in the statements is this to me

"will rule on Duke's request for relief that would prevent Mensah from enrolling at another school, playing at another school and licensing his name, image and likeness to another school,"

this type of thing would likely be a landmark ruling if so, from the standpoint of you are supposed to be paying for their NIL, not their right to play. However if the argument holds that their NIL is harmed by them playing at another school, I can see this being a landmark piece of legislation that let's schools start to restrict athletes, or at least stop them from breaking contracts as easily. There are numerous areas non-competes have been in place and have come under fire. They are legal (I believe) in North Carolina

at some point, a school is going to have to take this all the way to court and a place like Duke is probably a pretty reasonable place to try it as they have resources and aren't necessarily a place that's going to bend over backwards to try land 5 stars (like say GA who has to think about how it will harm future kids coming through if they take their legislation all the way to court).

The part that's additionally fascinating is this

"negotiate a license agreement for the rights that he has licensed to Duke."

If Duke owns exclusivity to his NIL rights, Mensah would have to reach agreement with Duke to get any NIL from Miami.

Think all of this comes pretty clearly as these kids really have no idea what they're signing in any amount of detail. I don't want to say I'm looking forward to the first one of these kids who completely gets fucked over, but its certainly coming and it will be quite the sight to see when a bunch of people start complaining like this isn't exactly what they asked for
 




#2Gopher said:
I think everyone on this board is a doctor and a lawyer based on the comments I've seen from everyone. No need to specifically ask for lawyers to comment.
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OP just asked the legal guys. That's all of us right?!
 

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