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Duke's lawsuit might finally put end to some of this contract language restraining movemt
Posted on 1/20/26 at 2:24 pm
Posted on 1/20/26 at 2:24 pm
quote:
Max Olson
Mensah informed Duke coach Manny Diaz that he intended to transfer on Friday, the last day of the transfer portal window.
Under the terms of Duke's NIL contract with Mensah, any disputes must be settled through arbitration. The school said it filed a claim for arbitration on Monday and wants the judge to issue relief until the end of that arbitration process.
Mensah, who led the Blue Devils to a 9-5 record and ACC title this past season, announced Dec. 19 that he intended to return to Duke this coming season, instead of entering the NFL draft. He had a multiyear NIL contract with Duke, which expires Dec. 31, that was believed to be worth up to $4 million for the upcoming season.
I think this ones going to bring some attention to these NIL contracts that seek to limit player movement.
The B1G as an entire conference is using the same contract which does this as well.
This particular contract was multi year. So, this guy is apparently in the hook for really deciding that, instead of going to the NFL as planned, hed rather go do 1 more year in college for a big pay day at Miami im assuming.
LINK
This post was edited on 1/20/26 at 4:10 pm
11
Posted on 1/20/26 at 2:31 pm to Ebridg3
It doesn't really make sense to limit the power of the NCAA over freedom of movement to nothing just to give it to the member schools instead.
Posted on 1/20/26 at 2:32 pm to Ebridg3
How can Yahoo Sports and Ole Miss whine about Kiffin as he relates to this?
Posted on 1/20/26 at 3:13 pm to Ebridg3
It is interesting because they are coaching these agreements as “NIL Licening” agreements in reality they are employment contracts and most states are pretty strict about those.
Louisiana wouldn’t uphold a contract that preventing anyone else from taking a job in Mississippi.
Louisiana wouldn’t uphold a contract that preventing anyone else from taking a job in Mississippi.
Posted on 1/20/26 at 3:21 pm to SammyTiger
Athlete agents will need to start playing hard ball.
The schools will have to remove language or settle for one year deals.
Athletes have all the leverage. If enough athletes stop signing with certain schools due to restrictive contracts, those schools will quickly become irrelevant.
The schools will have to remove language or settle for one year deals.
Athletes have all the leverage. If enough athletes stop signing with certain schools due to restrictive contracts, those schools will quickly become irrelevant.
Posted on 1/20/26 at 3:24 pm to Ebridg3
He agreed to the contract. He didn’t have to sign it. They aren’t limiting his movement. It’s just like a coach, if he wants to get out of a contract, he has to pay a fine. All nil contracts should be enforceable just like all contracts.
Posted on 1/20/26 at 3:25 pm to bayouboo
the Big 10 was trying to keep their contract out of the news until Williams made it necissary.
it’s grossly one sided and they were worried teams would use it against them (they will)
People say “well what’s the contract for!”
and the answer is to put your compensation in writing and putting forth exactly what you have to do with to earn that money.
it’s grossly one sided and they were worried teams would use it against them (they will)
People say “well what’s the contract for!”
and the answer is to put your compensation in writing and putting forth exactly what you have to do with to earn that money.
Posted on 1/20/26 at 3:28 pm to SammyTiger
It’s not limiting him from going anywhere else. It says u have to pay a fine if u choose to go somewhere else. It’s just like any contract you sign. schools need to start canceling these contracts in the middle of the season if the player isn’t working out. How would they feel?
Posted on 1/20/26 at 3:29 pm to SammyTiger
That is the agent’s fault. They need to do better protecting the athletes.
Posted on 1/20/26 at 3:29 pm to Ebridg3
Going to force liquidated damage provisions with a hardwired number in if someone moves on.
Posted on 1/20/26 at 3:34 pm to Ebridg3
There is no way to fix this as long as the kids are not employees contracts will always have buyouts
Posted on 1/20/26 at 3:36 pm to bayouboo
Major players probably have agents and they absolutely should
you think every three star going to Michigan State has an Attorney?
you think every three star going to Michigan State has an Attorney?
Posted on 1/20/26 at 3:40 pm to SammyTiger
No, but if the high profile players stop signing with Mich St. or any other school due to restrictive contracts, those schools will either have to accept who is willing to sign or settle for one year deals.
Anyone signing a contract should have representation to explain the details.
If enough athletes avoid certain schools, it will change quickly.
Anyone signing a contract should have representation to explain the details.
If enough athletes avoid certain schools, it will change quickly.
Posted on 1/20/26 at 3:40 pm to Ebridg3
This lawsuit us not going to upend contract law in the US.
My opinion is some of the liquidated damage clauses are punitive and as such would not be enforceable.
My opinion is some of the liquidated damage clauses are punitive and as such would not be enforceable.
Posted on 1/20/26 at 3:47 pm to Tiger2tiga
quote:
He agreed to the contract. He didn’t have to sign it. They aren’t limiting his movement. It’s just like a coach, if he wants to get out of a contract, he has to pay a fine. All nil contracts should be enforceable just like all contracts.
Except in this case, they are specifically arguing in court to prevent his movement. They asked the court to issue an order to prevent him from entering the portal. That’s not just seeking liquidated damages.
Posted on 1/20/26 at 3:50 pm to bayouboo
quote:
That is the agent’s fault. They need to do better protecting the athletes.
How many players have an agent that is legit and not just some street hustler that is also learning as he goes.
Mensah’s agent on the right.
Posted on 1/20/26 at 3:54 pm to Tiger2tiga
quote:
It’s not limiting him from going anywhere else.
quote:
Duke's request for relief that would prevent Mensah from enrolling at another school, playing at another school and licensing his name, image and likeness to another school.
Posted on 1/20/26 at 3:58 pm to The Pirate King
quote:
It doesn't really make sense to limit the power of the NCAA over freedom of movement to nothing just to give it to the member schools instead.
When referencing football players, are we really talking about schooling anyway? You just had a high profile QB in a national championship game boldly state that he hasn’t attended school in two years.
Posted on 1/20/26 at 3:59 pm to Tiger2tiga
quote:
It’s not limiting him from going anywhere else.
Thats exactly what they are doing and exactly what these contracts can't include.
Posted on 1/20/26 at 4:03 pm to SammyTiger
Right. Why would the school be owed anything if it wasn’t pay for play? What kind of revenue sharing deal has buyouts and are they paying the kid upfront the way LSU is doing right now?
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