Duke University has filed a lawsuit against its star quarterback, Darian Mensah, who entered the transfer portal last week. The university claims Mensah breached a multiyear Name, Image, and Likeness (NIL) contract that runs until December 31, 2026.
The lawsuit asks for an injunction and restraining order to stop Mensah from transferring to another school, especially a rival program like the University of Miami. There’s a lot at stake here, especially in this new era where schools can pay players directly but athletes aren’t technically employees.
Background of the Dispute
Duke says Mensah’s move to the transfer portal breaks his NIL contract with the school. According to Duke, the contract gives them exclusive rights to Mensah’s NIL for higher education and football.
If Mensah leaves, Duke claims he’s ignoring his obligations. The complaint notes there’s a required arbitration clause, which Duke insists it followed.
Still, the university argues an emergency restraining order is needed to stop Mensah from transferring before the contract gets sorted out.
Mensah’s Stellar Performance and Contract Details
Mensah is a hot commodity. He led the ACC in passing yards and touchdowns in 2025, set a Duke single-season record, and helped the Blue Devils win the conference title.
Duke agreed to pay Mensah a series of hefty payments in exchange for exclusive rights to his NIL for use in higher education and football. NIL here covers his persona, publicity rights, bio info, and jersey number.
The school emphasizes that these payments aren’t tied to how he plays on the field, trying to avoid any suggestion that he’s being paid to play, which would violate NCAA rules.
Legal Arguments and Potential Implications
Mensah’s attorney, Darren Heitner, says the judge ruled Duke must let Mensah enter the transfer portal. What happens next? That’s still up in the air.
Mensah might enroll at another college and play football there. But whether he can sign an NIL deal with that new school could spark more legal battles with Duke.
Duke’s Position
Duke insists that if Mensah joins another team, he’ll have to negotiate a new license agreement for rights already licensed to Duke. The university says enrolling at another school and playing football would violate his Duke NIL contract.
Duke claims this would cause “irreparable harm”—the kind that money can’t fix. They also point out that Mensah is tough to replace, especially since the transfer portal opened on January 2 and many quarterbacks have already found new teams.
Mensah’s Defense
Mensah will get his chance to answer Duke’s claims. One likely argument: a college can’t block a student from transferring elsewhere.
Enrollment is a voluntary relationship—students leave, schools dismiss, it happens. Mensah, despite his contract and football fame, is still a student and can go to another school that admits him.
Potential Arguments and Legal Strategies
Mensah could argue both sides agreed to arbitrate disputes, and Duke is trying to sidestep that by filing in court. He might say that athletes using the transfer portal is common sense, and Duke should’ve planned for it in the NIL deal.
He might also argue that the court should stay out until arbitration is done. Plus, he could claim his transfer wouldn’t actually cause irreparable harm—if there’s a breach, it’s about money, and money damages should be enough.
Employment and Unionization Considerations
Mensah might try to move the case to federal court. There’s always that worry—will he get a fair shake in a state court close to Duke, one of the area’s biggest employers?
Employment could be another angle for Mensah. Even though Duke says the NIL deal isn’t about playing football, Mensah could argue that suing him over a transfer contradicts that claim.
Implications for College Athlete Employment
Mensah might insist that while he’s technically paid for NIL, it’s really just a way to keep him playing football under Duke’s control. He could even argue that Duke could keep paying him for NIL if he played somewhere else.
If he’s an employee, Mensah would have more protections. This case comes right after the University of Washington almost sued quarterback Demond Williams Jr. over a similar NIL dispute—he ended up staying, so that one fizzled out.
Conclusion
The case of Duke v. Mensah might spark deeper conversations about whether college athletes are employees or not. There’s a real possibility we’ll see more talk about unionization too.
If Mensah had signed a multiyear employment contract with Duke, he couldn’t just transfer. But right now, things are less clear.
He’s technically being paid for NIL, but the school clearly wants him to stick around as a student and play football. It’s sort of like how an NFL team doesn’t want to lose its star quarterback, except in that world, the player’s an employee and part of a union.
For more details on this case as it unfolds, check out the full article on Sportico here.
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