2025 ACC thread

[slugboy]

Judge says that Mensah can go in the portal for now. This strikes me as a "while we figure this out, don't do anything irreversible" decision. If Duke won on the temporary restraining order, Mensah would miss the transfer portal window and maybe Miami's enrollment date, and he'd be staying at Duke



This post by a North Carolina lawyer, and others, are confusing. Duke has a one sided contract that is probably valid. Maybe it means that they get their $4 million back, maybe it means Mensah can't get NIL anywhere else, maybe they pull in Miami for tortious interference...
For saying "Duke should win here" it's really unclear what Duke would win

 

[Northeast Stinger]

Anybody old enough to remember when torturous contract negotiations only happened with the pros?

 

[4shotB]

Anybody old enough to remember when torturous contract negotiations only happened with the pros?

So? nothing's changed here.

 

[SunBum]

I don't know how any of this works really but I heard on a podcast yesterday that some terms of the contract might allow Mensah to play for da U but he'd have to do it in a Duke uniform

 

[cpf2001]

I don't know how any of this works really but I heard on a podcast yesterday that some terms of the contract might allow Mensah to play for da U but he'd have to do it in a Duke uniform

One of the finest traditions of GT, playing against a QB in your own uniform, might finally be spreading.

 

[forensicbuzz]

This has brought back to the surface a thought I’ve had for a long time. Schools are maid a lot of money through the conference for the media rights to their games. The courts have ruled that the athletes get a share of that media contract. It would be argued that the players provide value from their name (people tune in to watch specific players), image (they’re used in marketing images, advertisement stills, etc. by the networks), and likeness (their likeness is transmitted across the airwaves across the US and the world) to promote the games that are being played. Therefore, the revenue sharing has to do with NIL for the players.

So, I could see it play out where Mensah could go to Miami, have to have a blacked out visor, not be able to do interviews, take his helmet off, be marketed by Miami, or even haw his name on the back of his uniform.

This is extreme hyperbole, but I could see it successfully argued.

 

[g0lftime]

Exactly what I was going to say. Mendoza was off target several times, including two back shoulder passes, but the receivers made circus catches. One of their receivers has yet to drop a pass this season!

I think that kid is from Nashville and played at one of our rival schools. They are a parochial school and have had some really good teams for a long time. Some of my friends played there.

 

[kg01]

I don't get it tho. For Duke, sure you were wronged ... I guess. But is the remedy (making him stay) worse than the penalty (having him leave)?

Just make Miami pay you back and move on. Can't imagine its all that inspiring having your leader have to be sued to even be there. That's an odd 'foxhole' dynamic.

 

[slugboy]

I don't get it tho. For Duke, sure you were wronged ... I guess. But is the remedy (making him stay) worse than the penalty (having him leave)?

Just make Miami pay you back and move on. Can't imagine its all that inspiring having your leader have to be sued to even be there. That's an odd 'foxhole' dynamic.

If it had been when the portal opened, I think Duke would be more agreeable to that. They’d still be angry, but they’d have options. With it being at the close of the portal when their options are nearly non-existent, I’m sure they feel different about it.

 

[stinger78]

I don't get it tho. For Duke, sure you were wronged ... I guess. But is the remedy (making him stay) worse than the penalty (having him leave)?

Just make Miami pay you back and move on. Can't imagine its all that inspiring having your leader have to be sued to even be there. That's an odd 'foxhole' dynamic.

It’s Dook and Miami. They can sue each other into oblivion. Ask me if I care. Answer = not exactly. I do want mutually assured destruction.

 

[4shotB]

It’s Dook and Miami. They can sue each other into oblivion. Ask me if I care. Answer = not exactly. I do want mutually assured destruction.

It's pretty gutsy for a smaller program like the U to take on a battle of any type with the powerhouse that is the reigning ACC champions. they obviously don't know their place.

 

[kg01]

If it had been when the portal opened, I think Duke would be more agreeable to that. They’d still be angry, but they’d have options. With it being at the close of the portal when their options are nearly non-existent, I’m sure they feel different about it.

Probably right.

Guess they should get in on that Mendoza kid. Heard he just entered the portal. Oh wait, oh noooos, guess they missed out.

It’s Dook and Miami. They can sue each other into oblivion. Ask me if I care. Answer = not exactly. I do want mutually assured destruction.

See, this is why I like tolerate you. I agree. Fak em.

 

[RonJohn]

This post by a North Carolina lawyer, and others, are confusing. Duke has a one sided contract that is probably valid. Maybe it means that they get their $4 million back, maybe it means Mensah can't get NIL anywhere else, maybe they pull in Miami for tortious interference...
For saying "Duke should win here" it's really unclear what Duke would win

Not a lawyer, but my take: He is saying: The contract is pretty good, and it appears that Duke put everything they need in there to have a lopsided but enforceable contract. Mensah signed a contract that he would not initiate contact with another school, and would inform Duke within 48 hours of any school initiating contact with him. He initiated contact with Miami and negotiated a contract with them, which violated his contract.

Your question seems to be more about what the remedy would be. Likely he would be required to pay the $4 million he has been paid. McKinzie did say that. He also said that Duke put themselves into a bind that limits them from pushing for irreparable harm, since they have a price for the "harm" in the contract. Another thing he speculated about is that Duke could prevent him for playing for Miami.

"in no event shall Student-Athlete have the right in any manner to interfere with, enjoin or restrain" Duke's exploitation of his NIL

Miami could claim that they "own" his NIL rights until December 31, 2026. I don't think the court could prevent Mensah from "playing" for Miami, but they could prevent Miami from televising any game in which Mensah is visible. That would, in effect, prevent Mensah from playing for Miami.

I don't think the lawsuit helps Duke with regard to Mensah. I seriously doubt that he will be playing for Duke in late August. However, if NCAA schools are going to reign in the current portal and NIL situation, the contracts that the players sign is the way to do it in my opinion. If Duke wins, gets their $4 million back from Mensah, and make it impossible for him to play the 2026 season, it will set a precedent that will cause players who have an extended contract to think before engaging in the same type of activity. It might also cause players to pay more attention to the extended contracts before they sign them. Both of those are good in my opinion. Duke might not get their QB back. Duke might get some bad press. Duke might spend money on lawyers. But if it helps get players to pay attention to their contracts, and abide by their contracts, that is very positive.

 

[LawTalkin Jacket]

Not a lawyer, but my take: He is saying: The contract is pretty good, and it appears that Duke put everything they need in there to have a lopsided but enforceable contract. Mensah signed a contract that he would not initiate contact with another school, and would inform Duke within 48 hours of any school initiating contact with him. He initiated contact with Miami and negotiated a contract with them, which violated his contract.

Your question seems to be more about what the remedy would be. Likely he would be required to pay the $4 million he has been paid. McKinzie did say that. He also said that Duke put themselves into a bind that limits them from pushing for irreparable harm, since they have a price for the "harm" in the contract. Another thing he speculated about is that Duke could prevent him for playing for Miami.

Miami could claim that they "own" his NIL rights until December 31, 2026. I don't think the court could prevent Mensah from "playing" for Miami, but they could prevent Miami from televising any game in which Mensah is visible. That would, in effect, prevent Mensah from playing for Miami.

I don't think the lawsuit helps Duke with regard to Mensah. I seriously doubt that he will be playing for Duke in late August. However, if NCAA schools are going to reign in the current portal and NIL situation, the contracts that the players sign is the way to do it in my opinion. If Duke wins, gets their $4 million back from Mensah, and make it impossible for him to play the 2026 season, it will set a precedent that will cause players who have an extended contract to think before engaging in the same type of activity. It might also cause players to pay more attention to the extended contracts before they sign them. Both of those are good in my opinion. Duke might not get their QB back. Duke might get some bad press. Duke might spend money on lawyers. But if it helps get players to pay attention to their contracts, and abide by their contracts, that is very positive.

what are Dook's damages? if they paid him for last season, they got their money's worth, they likely haven't paid him for next season yet so they can't ask for that money back. They can say he breached and has to come back, but court won't MAKE him play for Dook if he don't want to, so Dook says "play for us or not at all" which court is also unlikely to do since him sitting out could destroy his career, will cost him $6m, and just isn't good for the economy in general. So, he can play somewhere and Dook has no QB.

I would say, IF Dook went and got AMendoza, for $6m, they could argue that they had to pay an extra $2m for a QB so Mensah owes them that difference. If Dook can't find a QB and pays their eventual starter less than $4m, they would say "sure, but we lost 3 more games than we would have lost with him, and we lost ticket sales and tv revenue and ACC championship revenue that we would have gotten had he stayed, but that stuff is impossible to prove because the whole team is new and people aren't cancelling season tix by hundreds because Mensah is gone. So I am not sure what Dook could "win" other than a slap on wrist for Miami who may have tampered.

I do think that this could expose the entire myth about NIL and show that this is not NIL, but pay for play and ultimately prove that the athletes are employees and should be treated accordingly (with a union and collective bargaining).

 

[stinger78]

See, this is why I like tolerate you. I agree. Fak em.

 

[bobongo]

what are Dook's damages? if they paid him for last season, they got their money's worth, they likely haven't paid him for next season yet so they can't ask for that money back. They can say he breached and has to come back, but court won't MAKE him play for Dook if he don't want to, so Dook says "play for us or not at all" which court is also unlikely to do since him sitting out could destroy his career, will cost him $6m, and just isn't good for the economy in general. So, he can play somewhere and Dook has no QB.

I would say, IF Dook went and got AMendoza, for $6m, they could argue that they had to pay an extra $2m for a QB so Mensah owes them that difference. If Dook can't find a QB and pays their eventual starter less than $4m, they would say "sure, but we lost 3 more games than we would have lost with him, and we lost ticket sales and tv revenue and ACC championship revenue that we would have gotten had he stayed, but that stuff is impossible to prove because the whole team is new and people aren't cancelling season tix by hundreds because Mensah is gone. So I am not sure what Dook could "win" other than a slap on wrist for Miami who may have tampered.

I do think that this could expose the entire myth about NIL and show that this is not NIL, but pay for play and ultimately prove that the athletes are employees and should be treated accordingly (with a union and collective bargaining).

My guess is Miami will end up buying out Mensah's contract.

 

[orientalnc]

My guess is Miami will end up buying out Mensah's contract.

I agree that that could be what happens, but it looks like Duke is trying to force Mensah to play for Duke next season. They could easily agree on a buyout amount and avoid the legal mess and bad publicity. The TRO says Mensah cannot play for or enroll at another school before the 2/2/2026 hearing. You can bet that Duke will appeal any ruling that doesn't follow the contract. If the court lets Mensah enroll at Miami while the case is still being argued, they are creating a situation that cannot be undone should Duke eventually prevail. Mensah does not want to admit that he aleady has an agreement with Miami because that reaks of bad faith. And Miami would be in jeopardy of a lawsuit for tortius interference.

But, the bottom line is that the merits of this case will not be decided on 2/2.

 

[BainbridgeJacket]

Regarding Duke and Mensah, do you really want your QB to be a guy that you had to sue to make him play for you? Or is Duke just after $$?

I think the most comical possibility is Duke coming to the realization that contractually they're obligated to continue to purchase NIL rights for Mensah regardless of what team he plays for because otherwise it would violate pay for play so then Mensah fulfills his media obligations for Duke and is paid by them while playing for Miami. That would truly be my favorite outcome in all of this.

 

[UgaBlows]

I think the most comical possibility is Duke coming to the realization that contractually they're obligated to continue to purchase NIL rights for Mensah regardless of what team he plays for because otherwise it would violate pay for play so then Mensah fulfills his media obligations for Duke and is paid by them while playing for Miami. That would truly be my favorite outcome in all of this.

That would just be the Chefs kiss

 

[Oldgoldandwhite]

Let’s say a team, like Duke, is left without a quarterback on their roster, after all the portal stuff shakes out. What are their options?