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Mark Schlabach
Duke University has filed a lawsuit against quarterback Darian Mensah, and a judge has denied a motion for a temporary restraining order aimed at preventing him from accessing the transfer portal.
Darren Heitner, Mensah’s legal representative, informed ESPN that Durham County (North Carolina) Superior Court Judge Michael O’Foghludha made his ruling during Tuesday’s session, with a written opinion forthcoming, and rejected Duke’s motion to bar Mensah from entering the transfer portal.
Heitner indicated that Duke is likely to place Mensah in the transfer portal on Wednesday.
“The judge, a Duke basketball season-ticket holder and a supporter of the program, has also recused himself from any future proceedings,” Heitner mentioned.
because of this, another judge, Ed Wilson, will make a decision regarding Duke’s request for measures to stop Mensah from enrolling or playing at another institution and from commercializing his name, image, and likeness at a different school.
Heitner mentioned that Wilson is slated to hear the case on February 2, but Mensah’s team intends to expedite the process.
On Friday, the final day for entering the transfer portal, Mensah notified Duke head coach Manny Diaz of his plans to transfer.
According to the terms of Duke’s NIL agreement with Mensah, any disagreements must be resolved through arbitration. The university stated it submitted a request for arbitration on Monday and is seeking judicial relief until the arbitration concludes.
Mensah, who led the Blue Devils to a 9-5 record and an ACC title last season, announced on December 19 his intention to return to Duke instead of pursuing the NFL draft. He had a multi-year NIL contract with the school, expiring on December 31, worth an estimated $4 million for the upcoming season.
“Mensah changed his plans, notified Duke of his transfer intentions, and shared a public farewell,” the lawsuit states. “By doing so, he has rejected the contract. He is now seeking to shift to another collegiate institution as if his responsibilities to Duke University are nonexistent. These facts are indisputable. Contracts matter.”
Mensah, who began his college journey at Tulane, has been associated with Miami as they look for a successor to quarterback Carson Beck. The No. 10 Hurricanes were defeated by No. 1 Indiana in Monday’s CFP National Championship.
In a recent update suggesting Miami has secured a quarterback for 2026, backup Emory Williams announced on Tuesday that he has entered the transfer portal, with expectations of joining East Carolina.
“If Mensah is allowed to continue disregarding his contractual obligations and transfer to another school to compete in football and commercialize his NIL rights, Duke University will face significant challenges in protecting its interests in arbitration,” the lawsuit claims. “In fact, those interests will be virtually worthless if Mensah enrolls elsewhere, plays football, and monetizes his rights. If permitted to access the portal, Mensah can accomplish this within a day. basically, unless the current status of the parties is maintained, Duke University’s capacity to seek relief will be irreparably compromised.”
Duke’s legal team argued that Mensah breached the terms of his NIL agreement by “disclosing its financial details, attempting to license his NIL in football to another institution, seeking enrollment at another school, initiating contact with admissions or athletic personnel at another institution, failing to inform Duke if he is approached by another institution or its affiliates, and/or taking actions that have harmed both his reputation and that of Duke University by violating the terms of his contract.”
The lawsuit asserts that if Mensah transfers to another school, he will “negotiate a licensing agreement for the rights he has previously licensed to Duke.”
This past season, Mensah led the ACC with 3,973 passing yards and 34 touchdowns, while completing 66.8% of his passing attempts.
ESPN’s Pete Thamel contributed to this report.
