Duke suing Darian Mensah

[18IsTheMan]

Says he has a signed NIL deal and must remain with the program. My gut tells me Duke has pretty good lawyers.

Duke University sues QB Darian Mensah to keep him with football program

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www.on3.com

The timeline of this could be interesting. I don't know how quickly this could be resolved, but if it turns out to be a protracted battle, other programs will move on and sign other QBs. Could force Mensah to just drop it and stay at Duke.

 

[18IsTheMan]

Well, NC court has denied a TRO preventing Mensah from transferring. Lawsuit goes on and there can still be an injunction.

What are these NIL deals even worth if it states that a player can’t enter the portal but they do anyway and the courts refuse to enforce the signed NIL deal? What if a school arbitrarily withheld payment from a player?

 

[KingWard]

I love it, whatever happens. Something's got to happen to get this thing settled down.

 

[18IsTheMan]

I love it, whatever happens. Something's got to happen to get this thing settled down.

I guess the denial of the temporary restraining order only means that Mensah can enter the portal. A different judge will rule on whether or not he can enroll at another school or license his NIL, both of which are expressly prohibited in his Duke NIL contract. Seems open and shut but that only makes it less likely to be enforced.

 

[SC95]

Well, NC court has denied a TRO preventing Mensah from transferring. Lawsuit goes on and there can still be an injunction.

What are these NIL deals even worth if it states that a player can’t enter the portal but they do anyway and the courts refuse to enforce the signed NIL deal? What if a school arbitrarily withheld payment from a player?

Players under contract should not be allowed to enter the portal. Feels like the ACC should step in and prevent a move within the same conference.

 

[18IsTheMan]

Players under contract should not be allowed to enter the portal. Feels like the ACC should also step in and prevent a move within the same conference.

That makes too much sense.

 

[I4CtheFuture]

Well, NC court has denied a TRO preventing Mensah from transferring. Lawsuit goes on and there can still be an injunction.

What are these NIL deals even worth if it states that a player can’t enter the portal but they do anyway and the courts refuse to enforce the signed NIL deal? What if a school arbitrarily withheld payment from a player?

There's plenty of courts and "judges" out there not obeying the law, but rather making it up from the bench...

They should be removed from the bench, disbarred, and arrested, and tried for sedition, treason. It's coming...

 

[USCEE82]

I guess the denial of the temporary restraining order only means that Mensah can enter the portal. A different judge will rule on whether or not he can enroll at another school or license his NIL, both of which are expressly prohibited in his Duke NIL contract. Seems open and shut but that only makes it less likely to be enforced.

Contract? What is this contract you speak of?

 

[adcoop]

There's plenty of courts and "judges" out there not obeying the law, but rather making it up from the bench...

They should be removed from the bench, disbarred, and arrested, and tried for sedition, treason. It's coming...

I will translate making it up from the bench. It means ruling in a way I don't agree with. All law is interpretation unless you dig up the founding fathers and ask what did you mean by that again? With that being said, Mensa should not be let out of his contract. Said a couple years ago that programs need to start playing hardball with these contracts. All it will take is a couple players being made an example of to slow this insanity with the portal down.

 

[18IsTheMan]

I will translate making it up from the bench. It means ruling in a way I don't agree with. All law is interpretation unless you dig up the founders fathers and ask what did you mean by that again? With that being said, Mensa should not be let out of his contract. Said a couple years ago that programs need to start playing hardball with these contracts. All it will take is a couple players being made an example of to slow this insanity with the portal down.

I don't really see what's complicated about it or up for interpretation. Duke has a signed contract in which Mensah gives his full NIL rights to Duke and agrees not to enter the portal. I'm not a lawyer, but it seems open and shut.

The contracts seem to be totally non-binding for the players but imagine if a school just said "yeah, we've decided we're not paying you the agreed upon money".

 

[adcoop]

I don't really see what's complicated about it or up for interpretation. Duke has a signed contract in which Mensah gives his full NIL rights to Duke and agrees not to enter the portal. I'm not a lawyer, but it seems open and shut.

The contracts seem to be totally non-binding for the players but imagine if a school just said "yeah, we've decided we're not paying you the agreed upon money".

It is open and shut. Programs just have been reluctant to push it through the courts in fear of taking a PR hit. They don't want to be seen as the big, bad program going after a kid. However, some of these kids need to learn a lesson that a deal is a deal.

 

[18IsTheMan]

It is open and shut. Programs just have been reluctant to push it through the courts in fear of taking a PR hit. They don't want to be seen as the big, bad program going after a kid. However, some of these kids need to learn a lesson that a deal is a deal.

That is probably accurate. These "kids" are making more in a single season than most of the fans in the stands will make in their lifetimes.

 

[Fried Chicken]

It’s good that it’s going to court. Might force something down the road. But could you imagine having a guy stick around because he has to?

 

[18IsTheMan]

It’s good that it’s going to court. Might force something down the road. But could you imagine having a guy stick around because he has to?

Well, this is pro sports now and it happens all the time in pro sports.

 

[KingWard]

I will translate making it up from the bench. It means ruling in a way I don't agree with. All law is interpretation unless you dig up the founding fathers and ask what did you mean by that again? With that being said, Mensa should not be let out of his contract. Said a couple years ago that programs need to start playing hardball with these contracts. All it will take is a couple players being made an example of to slow this insanity with the portal down.

I think it would be a definite turning point, pending an overall restructuring of the portal. I also don't see how overall service contracts can be avoided. If the top level of football can predict and control what their rosters will be from year to year, then college football should be no less regulated. Of course, there will always be some player movement in both.

 

[Lurker123]

There's plenty of courts and "judges" out there not obeying the law, but rather making it up from the bench...

They should be removed from the bench, disbarred, and arrested, and tried for sedition, treason. It's coming...

This is very true. When they go really sideways, its generally to make a political ruling, rather than a correct one.

In this case, does one political party really want the NIL deals to fail? If not, there's hope a judge may just rule on the law instead of the party.

 

[18IsTheMan]

I think it would be a definite turning point, pending an overall restructuring of the portal. I also don't see how overall service contracts can be avoided. If the top level of football can predict and control what their rosters will be from year to year, then college football should be no less regulated. Of course, there will always be some player movement in both.

I just don't even see how it's a point of debate. A signed NIL deal is binding. In Duke's case, it sounds like they did all they could to button up every loophole. Mensah's deal granted his NIL rights fully to Duke, stipulated that he could not enter the portal (not a necessity to transfer to a new school) and included no buyout. From Duke's perspective, what else could they possibly do?

Yet, he's walking away scot-free as of now.

Of all the aspects of the current state of CFB, this is the most perplexing to me. What gets me is that all utter hell, fire and brimstone would break loose if a school arbitrarily told a player "we're not honoring the NIL contract we signed." Players do it though, and folks shrug and say "it sucks, but what can you do?"

 

[Fried Chicken]

Well, this is pro sports now and it happens all the time in pro sports.

Yeah, I get that with contracts. Not what I mean. I’m talking about after suing the guy.

obviously that isn’t going to happen. They just want $$ back which I think they should get.

 

[18IsTheMan]

Yeah, I get that with contracts. Not what I mean. I’m talking about after suing the guy.

obviously that isn’t going to happen. They just want $$ back which I think they should get.

I don't know. From the few excerpts of the lawsuit that were posted online, it sure sounds like Duke's intentions are to keep him at Duke.

 

[18IsTheMan]

A good breakdown of the lawsuit. I can't see what argument Mensah has.

https://www.dukechronicle.com/article/duke-football-darian-mensah-lawsuit-explainer-diaz-lucas-heitner-contract-arbitration-20260121

Mensah’s contract sold his NIL rights to Duke under several distinct promises.

Most importantly, the agreement stipulated that Mensah would not “enroll at or compete in athletics for another collegiate institution.”

 

[18IsTheMan]

If the judge rules in favor of Mensah, I wonder what that will mean for the future of NIL agreements? Precedent will have been set that the agreements are non-binding for the player. Players can enter the portal, sign an NIL with a school basically as a placeholder and then continue shopping around to see if they can find something better. If not, they stick with what they have. If so, they just leave.

 

[Lurker123]

If the judge rules in favor of Mensah, I wonder what that will mean for the future of NIL agreements? Precedent will have been set that the agreements are non-binding for the player. Players can enter the portal, sign an NIL with a school basically as a placeholder and then continue shopping around to see if they can find something better. If not, they stick with what they have. If so, they just leave.

I would hate it, bit not be surprised if thats what happens.

It would certainly end all multi-year NIL deals. I wonder what safeguards, if any, a school could put in even a one year agreement to hold a player while the portal is still open.

 

[18IsTheMan]

I would hate it, bit not be surprised if thats what happens.

It would certainly end all multi-year NIL deals. I wonder what safeguards, if any, a school could put in even a one year agreement to hold a player while the portal is still open.

If the judge ultimately rules that Mensah can transfer, I would guess there are no viable safeguards. Duke had everything safeguard imaginable in place.

Optimistically, one could hope if the judge rules in favor of Mensah that schools will stop giving NIL pay-to-play deal altogether and just let players sign marketing deals with outside companies as was intended. They won't though.

 

[Lurker123]

If the judge ultimately rules that Mensah can transfer, I would guess there are no viable safeguards. Duke had everything safeguard imaginable in place.

Optimistically, one could hope if the judge rules in favor of Mensah that schools will stop giving NIL pay-to-play deal altogether and just let players sign marketing deals with outside companies as was intended. They won't though.

Or start playing games with WHEN they sign players? Not even sure how that would work, but try to get players to sign at the end of the window, instead of early.

Then maybe they cant jump back in the portal? I dont know, just spitballing there.

 

[18IsTheMan]

Or start playing games with WHEN they sign players? Not even sure how that would work, but try to get players to sign at the end of the window, instead of early.

Then maybe they cant jump back in the portal? I dont know, just spitballing there.

The loophole is that a player doesn't HAVE to enter the portal to transfer. He can just quit and go enroll at another school. The portal is just a way for a kid to basically say "hey, I"m available for anyone who wants to contact me" and schools aren't supposed to initiate contact with players not in the portal. But there's nothing stopping a player from contacting another program and saying "Hey, if I come enroll there can I join the team?"

 

[Harvard Gamecock]

I will be very surprised if this lawsuit by Duke ever makes it to court. What I believe will happen is that both parties will have
their respective legal councils work for a compromise to avoid a protracted legal battle, and any possible unwanted negative public opinion.

 

[I4CtheFuture]

This is very true. When they go really sideways, its generally to make a political ruling, rather than a correct one.

In this case, does one political party really want the NIL deals to fail? If not, there's hope a judge may just rule on the law instead of the party.

The answer to your question lies in another question:

What will cause the maximum damage / chaos. - That's the goal of one political party - They will rule accordingly, damn the law.

The very same people will then look you right in the eyes and say "No one is above the law." (Except for them and illegal aliens and all criminals, of course) (Obviously that slogan doesn't apply to them)

 

[Lurker123]

Update:

Duke gets a TRO



Mensah cant enroll in another school, or play or practice with another team.

But it's only good thru Feb 6th when the hearing is. Might mean he cant start classes in time at any other school? But does that even matter anymore?

 

[18IsTheMan]

Might mean he cant start classes in time at any other school? But does that even matter anymore?

Carson Beck says "no".

 

[3USC1801]

As @Harvard Gamecock postulated, this may never end up in court. However, I envision a different motive than p.r. or legal duration if this case never makes it that far.

It’s very possible that Duke will demand so high a buyout that a school (Miami?) will be reluctant to pursue Mensah. Besides paying the buyout, they’d also have to pay more than the going rate (estimated at $4 million) for him.

Or, Duke may wish to make this a test case. If so, they have already proven their contract has validity by winning the first round. By issuing a temporary restraining order, the judge has agreed with them in principle and is waiting to hear the corresponding arguments by the defense.

 

[Lurker123]

Carson Beck says "no".

Not that it really matters, imo. But Beck got away with it because he was a grad student. Like Joe Burrow did.

I was hoping undergrads still had the rules about progress towards degree, minimum hours, etc.

I know, it's a fool's hope.

 

[18IsTheMan]

As @Harvard Gamecock postulated, this may never end up in court. However, I envision a different motive than p.r. or legal duration if this case never makes it that far.

It’s very possible that Duke will demand so high a buyout that a school (Miami?) will be reluctant to pursue Mensah. Besides paying the buyout, they’d also have to pay more than the going rate (estimated at $4 million) for him.

Or, Duke may wish to make this a test case. If so, they have already proven their contract has validity by winning the first round. By issuing a temporary restraining order, the judge has agreed with them in principle and is waiting to hear the corresponding arguments by the defense.

Duke, for their part, does not seem interested in anything other than keeping Mensah at Duke. A buyout, no matter the amount, does them no good. Maybe that's what they'll have to end up settling for if they can tell that a ruling on keeping Mensah isn't going to go their way, but I really don't think that's their goal at the moment.

 

[3USC1801]

Duke, for their part, does not seem interested in anything other than keeping Mensah at Duke. A buyout, no matter the amount, does them no good. Maybe that's what they'll have to end up settling for if they can tell that a ruling on keeping Mensah isn't going to go their way, but I really don't think that's their goal at the moment.

Wouldn’t a steep buyout achieve the same purpose (keeping Mensah at Duke)? For example, let’s say they doubled the amount of the buyout to $8 million. Then, a university would have to pay over $12 million to sign Mensah. That’s a considerable chunk of money for just one player and would most likely drive them away.

 

[Lurker123]

Wouldn’t a steep buyout achieve the same purpose (keeping Mensah at Duke)? For example, let’s say they doubled the amount of the buyout to $8 million. Then, a university would have to pay over $12 million to sign Mensah. That’s a considerable chunk of money for just one player and would most likely drive them away.

One would hope. Might be the key to holding a few players together for the teams.

 

[18IsTheMan]

Wouldn’t a steep buyout achieve the same purpose (keeping Mensah at Duke)? For example, let’s say they doubled the amount of the buyout to $8 million. Then, a university would have to pay over $12 million to sign Mensah. That’s a considerable chunk of money for just one player and would most likely drive them away.

Oh, sure. I was just saying that I don't think Duke is going into this with the mindset of "let's just get some buyout money".

A buyout doesn't win them games next year. Mensah does. It was rumored that Miami's NIL offer to Mensah was $10 million. Who knows if true or not. Others said $6 million, which may be more believable. So, yeah, if they get a big buyout, it could just become financially untenable. Are you gonna pay north of $10 million to have a QB for one year? He wasn't even first team all ACC this season.

 

[3USC1801]

A buyout doesn't win them games next year. Mensah does.

Very good point.

 

[18IsTheMan]

Not that it really matters, imo. But Beck got away with it because he was a grad student. Like Joe Burrow did.

I was hoping undergrads still had the rules about progress towards degree, minimum hours, etc.

I know, it's a fool's hope.

I don't really buy the explanation that he took a couple classes last semester. When he was asked about class, he didn't say "I finished up my classes last semester." He said "I graduated 2 years ago, so no class".

 

[CWW]

I can’t believe college sports have gotten to this point. Remember when a school would be put on probation for providing a recruit a free ride or meal!

 

[3USC1801]

I can’t believe college sports have gotten to this point. Remember when a school would be put on probation for providing a recruit a free ride or meal!

Aaah, the good ol’ days when a McDonald’s take-out bag in Tennessee could buy a house!

 

[18IsTheMan]

I can’t believe college sports have gotten to this point. Remember when a school would be put on probation for providing a recruit a free ride or meal!

Back in the 70s (I think), Joe Paterno helped a player get a suit to wear to a funeral for one of his parents. Kid came from a pretty dirt-poor family. NCAA came down them. I don't recall the outcome, but that was a situation where a little common sense should have prevailed.