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<blockquote data-quote="RonJohn" data-source="post: 1156727" data-attributes="member: 2426"><p>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.</p><p></p><p>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. </p><p></p><p>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. </p><p></p><p>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.</p></blockquote><p></p>
[QUOTE="RonJohn, post: 1156727, member: 2426"] 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. [/QUOTE]
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