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Donald Wine

πŸ‘€ Speaker
5586 total appearances
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Podcast Appearances

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.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

There's nothing where Duke says, hey, arbitration did get us what we want.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

So let's go to arbitration as per the contract and let's figure out the monetary solution for me to be done with this so that I can go on and you can go on.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

I think there are two different answers for that because I think a court is going to be – I wouldn't say that they're likely to do it, but they're more inclined to say you got to stay at Duke while this is worked out.

Duke Basketball Roundup
#789 - Mensah Mess Heads to Court

Arbitration is going to be where they're going to go in and they're going to talk about obviously all these different things, and an arbitrator's job is not necessarily to say –