Under limited circumstances a court can enter a temporary injunction prior to any discovery. A hearing on a permanent injunction is scheduled shortly thereafter.
I don't think you're wrong. I was always told to never talk someone into staying if they want to leave. The dynamic fundamentally changes once someone wants to be elsewhere, and it's best to let them go rather than deal with the ongoing questions of effort, loyalty, trust, or potential resentment. BUT a football player not playing to the ability in their last year could do real damage to their draft stock and long term earning potential. So I could certainly see their motivation for still working hard and playing well regardless of how happy they were. In a lesser way, this happens all the time with players who ball out only to later admit how much they hated their coach, school, program, etc after leaving.
Part of the conversation Heitner had with Williams had to be whether the factors of 2 million more in pay less attorney fees and costs and the positive exposure of the move outweighed the negative exposure/publicity to his draft stock. The benefit as a likely draftee probably didn't outweigh the negative to make economic sense. Now with a switch from Duke to a possible national champion with 6 million extra and an OL that might not get him damaged before the draft, the calculation may be different to absorb the long grind of a lawsuit. Bigger question is will the Miami program want the transparency of the legal process.
I believe your analogy to a point , but I think it might be overstated. Most of these kids have no allegiance to the school, only the bag. If williams balls out no one will remember the portal fiasco. My bigger question is at what point do you stand up for yourself? If you are Duke, with a 2 year deal on a QB, do you just let him break the deal on the last day of the portal? Dukes entire season lies in mensahs hands (unless they've been stockpiling QBs?). As a university and program, do you let the rich bully steal your lunch?
Williams came back and Mensah should also when he realizes the pain of litigation. Duke is paying him $4 million a year and controls his NIL under the contract. Hopefully, this young man will recognize that he is being used as a pigeon by some desperate characters.
As to the bully issue, Duke is no slouch and has already filed the lawsuit! They will not fade into the background on this situation, which is a straightforward contractual breach. Miami should fear discovery in this lawsuit, which should bring some dirty details out that will point towards tampering.
Gametime answered it. At some point you have to take a stand. He screwed over Duke with his timing of this big time. They are screwed either way if he stays or goes so might as well be the change...
if that happens, then he made the bed that he shit in, so be it. He has a contract to play at Duke for 2 years and he chose to break it, assuming there would be no consequences. scUM probobaly told him that they would pay his buyout and their would be no problems.
Asking for a friend: Are contractual relations under NIL contracts also sanctionable by the NCAA nowdays, or are they strictly legal matters handled in court ?
I don't think you have paid too much attention to civil court cases lately. Once the injunction was denied the way was paved for a long, drawn out legal process. Mensah will probably be retired from the NFL by the time this whole thing plays out. EDIT: One twit said that the judge denied Duke's motion and another indicated the restraining order was issued. The above would only apply if there was no restraining order preventing him from transferring. I don't know which is correct.
Only because he decided not to jump into the legal morass. The Wisky DB that transferred to UM last year didn't return to UW after being threatened with a lawsuit. The BIG has no magic potion to lock players to a school or punish tamperers.
Agreed, but they will counter-sue, get an injunction and play somewhere. These lawsuits won't even be heard until long after the player has finished their eligibility unless they increase the eligibility rules again.
I've actually wondered how much Heitner is paying for personal security with all the programs he is pissing on. It may not be enough.
He needs to go over to TN to file....they seem to be ruling iagainst the NCAA and for the individual colleges and players pretty much every time.
From a lawyer who still practices in North Carolina, Emergency TROs, like what Duke requested, are extremely hard to obtain. Every state has its idiosyncrasies and, apparently, North Carolina's include Emergency TROs. The case has been assigned to a "hardass," meaning a no nonsense, by-the-book judge. Bad for Mensah, IMO. Maybe Heitner will try some attention-getting and win a free weekend in the county jail for contempt. LOL! (Long . . . so open in Twitter to read all of it if you want). Edit: Several things I didn't know previously. Although Duke got no Emergency TRO, Mensah has already agreed, in writing, Duke is entitled to a restraining order or injunction against him in case of a breach. That should get them inches from the finish line. Sure, they got no Emergency TRO but what if a judge orders Menash not to play for any other team in, say, May? I sure hope so. That would really screw scUM. What that guy writing the long Twitter post misses is that part of Duke's "irreparable injury" is not only the money but the effect on the team and the program of losing their QB1 without any chance to replace him. Here's the specific section: VIII. Miscellaneous * * * 2. Injunctive Relief. Student-Athlete acknowledges that any breach by Student-Athlete hereunder shall cause Duke irreparable harm for which there is no adequate remedy at law and, in the event of any such breach, Duke shall be entitled to injunctive or other equitable relief unless otherwise prohibited by the Settlement Agreement.
