Duke, Darian Mensah Settle Lawsuit, Opening Door to Transfer

Duke quarterback Darian Mensah can play at another school.

Duke reached a settlement with Mensah to resolve litigation stemming from his decision to transfer. Duke claimed he violated the terms of a contract with the school. 

The settlement resolves the first-ever lawsuit filed by a school against a current athlete over an NIL and/or revenue-sharing contract.

On Tuesday, Mensah’s agency, Young Money APAA Sports, said in a statement that Duke had engaged in “good-faith discussions” to reach a resolution. Mensah’s attorney, Darren Heitner, called the settlement a “fair resolution.” 

In a statement, representatives from Duke said: “We are committed to fulfilling all promises and obligations Duke makes to our student-athletes when we enter into contractual agreements with them, and we expect the same in return. Enforcing those agreements is a necessary element of ensuring predictability and structure for athletic programs. It is nonetheless a difficult choice to pursue legal action against a student and teammate; for this reason we sought to resolve the matter fairly and quickly.”

Terms of the settlement were not disclosed.

The dispute began Jan. 16, just hours before the transfer portal closed, when Mensah announced he intended to enter the portal. In response, Duke filed a lawsuit on Jan. 20 in Durham County Superior Court in North Carolina arguing that Mensah had breached an agreement with the university by transferring before the contract expires on Dec. 31, 2026. The lawsuit argued that Mensah would further breach that contract if he began playing for another school. 

According to the lawsuit, Mensah’s contract stipulated all disputes should be settled through arbitration, which the school initiated. However, Duke said it filed the lawsuit to stop Mensah from transferring before arbitration was resolved.

“As Mensah agreed when he signed his contract, such breaches cause Duke irreparable harm for which there is no adequate remedy at law and, in the event of any such breach, Duke is entitled to injunctive or other equitable relief,” the lawsuit said.

A judge quickly granted a temporary restraining order allowing Mensah to enter the transfer portal, but prohibited him from signing with another school, beginning to play, or signing over his name, image, and likeness rights until a hearing scheduled for Feb. 2. But the settlement, which resolves both the litigation and any arbitration, came before the hearing. 

Mensah has not yet announced where he will transfer, but he has been connected to Miami.