Duke sued quarterback Darian Mensah on Monday to try to enforce its contract against the outgoing star.
On Jan. 16, the last day for athletes to enter the transfer portal, Mensah announced his intention to leave Duke. The lawsuit states that Mensah would sign away rights he has already guaranteed to Duke—including his NIL “with respect to higher education and football”—if he enters into a contract with another school.
In its 44-page suit filed in Durham County Superior Court, Duke argues that Mensah’s transfer decision violates the contract he signed with the school through Dec. 31, 2026. The suit says that Mensah’s contract dictates all disputes must go through arbitration, a process the school has already initiated, and that if the quarterback leaves, Duke’s ability to seek relief through arbitration will be significantly limited. The filing also says Mensah, his family, or his representatives breached the contract by discussing his Duke deal or transferring with another school.
“Mensah’s actions violate numerous provisions of his contract with Duke University and disregard his promises and obligations to the University,” the suit says. “And, 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.”
Mensah had previously announced in December he would stay at Duke. The quarterback who started his career at Tulane led the Blue Devils to a 9–5 record and the ACC title this season.
Duke requested the judge issue a temporary restraining order to block the quarterback from entering the transfer portal while the arbitration process unfolds. Mensah’s attorney, college sports lawyer Darren Heitner, tells Front Office Sports that following a hearing earlier Tuesday, he anticipates the judge will formally deny Duke’s request. The judge is also a Duke basketball season-ticket holder and is recusing himself moving forward, Heitner says.
Mensah can’t play or enroll at another school until a new judge reviews the case, Heitner said in a post Tuesday afternoon.
Mensah has been linked to Miami, which fell Monday night at home to Indiana in the national championship game. Heitner, who teaches at Miami School of Law, tells FOS he can’t comment on those rumors.
Duke and Mensah are not the only messy case study of schools trying to enforce their contracts with athletes who wish to transfer in the new era of college football. Washington considered suing Demond Williams during a dramatic 48 hours earlier this month before the quarterback announced he would stay in Seattle.
Last summer, Wisconsin sued Miami for “tampering” when Xavier Lucas (who is also represented by Heitner) transferred after signing “binding” contracts with the school and its name, image, likeness collective. That case is still ongoing.
