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Donald Wine

๐Ÿ‘ค Speaker
3570 total appearances
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Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

And then while this was happening, he was clearly negotiating with somebody else and breaching that contract.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

So they're kind of setting up this thing saying, hey, all these things are happening because he has clearly intended to breach this contract and has breached this contract.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

but also with regards to Mensah declaring that he was going to come back.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

If you remember, there was really two options that people said he was considering, coming back to Duke or entering the NFL draft.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

In theory, Duke could release him from this if he had said back then, hey, I want to enter the trans portal.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

There may have been an amicable resolution because Duke could mitigate

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

their their their damages by going after another quarterback.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

And sure enough, they're still doing that right now.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

And honestly, that is what part of Mets is going to allege is, hey, the specific performance of the of this contract, which means specific performance means doing what is in this contract, that you're forcing me to stay at Duke and be a football player for Duke as opposed to going somewhere else because of this exclusive clause.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

A lot of courts don't like to do that.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

A lot of courts don't like to limit the movement of people in employment matters.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

That's why we've seen non-compete clauses kind of go away over the last few years.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

But I think he's going to allege that because Duke is still looking in the portal for different quarterbacks, that they're mitigating that damage of not having a starting quarterback.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

And now it's just about monetary damages, which, again, if you believe the tweet about what was being offered to him in Miami, that included money to kind of, quote, buy out this deal.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

There may not be a buyout, but monetary damages is part of this equation.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

And what Derry Mintz is going to try and do is say, OK,

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

Let's go to arbitration.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

Let's get out of the court thing.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

The court should rule that we haven't had arbitration yet.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

So there's nothing to be aggrieved by yet because nothing has happened in arbitration.