@patsmithradio@3ManFront Wait, doesn’t Alabama use Dixieland Delight, an Ode to Tennessee, as it’s in game musical tradition? 🦬 guy take. Not weird at all. Most people who went to any sporting event in WNY grew up knowing O Canada (at least the “we stand on guard for thee” parts).
Cayden presumably saw what UConn wanted him to see - the illusion of space down court. During the FT Raftery commented that UConn took its rebounders off the floor and went with five aggressive trappers who sold completely out for the steal. Having Evans and Ngongba 70 feet away in press break did nothing other than take the best FT shooter (Evans) out of the play. They didn’t open up the floor by not being at midcourt because their defenders didn’t go with them. UConn only had one chance - to steal the pass. They knew if the ball made it to the front court the game was over. They took a risk the pass would be over the top and Scheyer and Cayden guessed/executed wrong. Great game. Chess at the end.
@MA_BC Thank you Michael. The people in Tumbler feel the support. The community is processing unimaginable grief, but will persevere and comfort those who have lost so much.
I think your analysis is very thorough. IMHO entering the portal does constitute a breach, Duke just didn’t get a TRO on that basis. Going in the portal meant he could have chosen to stay at Duke. A reasonable reading of the TRO is the judge determined Mensah didn’t need to be restrained from merely entering the portal as that wasn’t enough of a change in the status quo as actually enrolling at another school?
If you seek equity, do equity. Mensah seeking to hit the transfer portal on the afternoon of the last day doesn’t weigh in his favor when he complains about enrollment dates for other schools. He also isn’t prevented from making a living in football. He has the option to turn actual pro versus the in between status of college pro. He just might not make $4 mm next year in the NFL if he did, which is insane. An equitable solution might involve him enrolling in another institution as a student only. Wouldn’t that be interesting.
Or. File suit to preserve the status quo within 48 hours of the breach of contract. They acted pretty fast - which is what’s required if you are seeking equitable relief. The time crunch is of Mensah’s own making, changing his decision and trying to skate on the contract with days left in the portal window.
@LowellKarr@ABLichtenstein Sued to enforce contract within days of breach. Not sure where that qualifies as delay. As for shame, UM Law School might have to offer a clinic in defending tortious interference cases.
Interesting. Since presumably he didn’t opt out of the House settlement class, wouldn’t he be estopped from taking this position? He’s still receiving NIL from broadcast revenue. For him to take a position that the contract was actually an employment agreement - wouldnt that trash the entire House settlement structure? And let’s see how he treated his NIL income for federal tax purposes- probably classified it as self employment income (no withholding) took a bunch of deductions to minimize tax (appropriate if you declare self employment income).
That’s certainly one way to look at it. Inducing someone under contract to violate its terms is not a great look for UM. Maybe read the NIL contract terms that are now in the public record and see what Mensah bargained away. NIL contracts are not some new special type of one way agreement. Try selling your house twice
Why would escrow have anything to do with it? Aren’t NIL contracts paid as performance objectives are met? Also, no one at this point is truly broke - how much of the broadcast revenue share is going to be spent on one player is an issue. Curious- has any pure NIL deal exceeding $1.6m annually passed NIL Go review yet?
@heitner@drob1209 And very common in business related NDAs especially. Businesses are routinely held accountable for actions of employees and agents and other third parties who may learn confidential info. This is a business. Be careful who you trust with confidential info.
@BMBarrio@heitner No one thinks of the NIL contracts as having mutual obligations. The Temple construct is arguably the intended outcome of NIL. If this were called what it is - pay for play— then yes, there would be a better argument for an unenforceable contractual penalty.
@BMBarrio@heitner insert the words “an amount equal to”, the damages provision is clearer. IMHO this isn’t a contractual penalty. If the deal cleared NIL Go it is judged fair value for use of the athlete’s NIL. When an athlete breaches by leaving the NIL payer loses the value of the future use.
Mainly because PIF has invested $5 Billion project to date and has not made a significant player addition in 2 years since Rahm. Because the largest LIV TV audience (Miami) was outdrawn by 4x by the Valero Open. Because the framework agreement gave up the major leverage LIV had in dismissing the anti trust cases with prejudice. Because LIV golf has abandoned its signature 54 hole format, (meaning they will have to rebrand as LXXII golf?). I am in favor of anything that provides more opportunities for pro golf, but if LIV were anything but a PIF project it would have folded years ago. It is the USFL with sovereign wealth backing. (I loved the USFL).
@ProGolfCritic@PGATOUR And I agree, this doesn’t mean the Tour solved the problems that prompted departures. PGA was weakened by LIV and LIV has failed to deliver. Both are worse off three years in.