Duke College sued quarterback Darian Mensah on Tuesday, days after Mensah requested and publicly introduced his intention to enter the switch portal.
In a criticism filed to the Superior Court docket in Durham County, N.C., Duke claims that it has a multi-year contract with Mensah that ends Dec. 31, 2026, and consists of unique rights to Mensah’s identify, picture and likeness “with respect to larger schooling and soccer.”
The criticism seeks a brief restraining order and preliminary injunction that might stop Duke from having to enter Mensah into the switch portal whereas it seeks arbitration, which is a non-public methodology of resolving disputes exterior of public courtroom.
Darren Heitner, Mensah’s lawyer, advised The Athletic {that a} choose dominated from the bench on Tuesday morning, pending a written ruling, denying Duke’s request for a restraining order that might prohibit Mensah from getting into the switch portal. Heitner additionally stated that the choose, a Duke basketball season ticket holder, recused himself from future proceedings. There shall be one other listening to in entrance of one other choose to “flesh by means of the rest of Duke’s requests,” in accordance with Heitner — such because the request for a preliminary injunction — except the 2 events can come to a peaceable decision previous to that. That listening to has been scheduled for Feb. 2.
Heitner added that, in gentle of the choose’s ruling, there may be nothing in Mensah’s contract that enables Duke to not adjust to Mensah’s request to enter the switch portal. If Duke doesn’t course of that request inside two enterprise days, it could be in violation of NCAA bylaws. Mensah submitted his request final Friday, the ultimate day of the switch portal window; due to the Martin Luther King Jr. Day vacation, Duke would have till Wednesday to enter Mensah within the portal.
Legal professionals representing Duke College didn’t instantly reply to requests for remark.
Duke claims within the criticism that below the phrases of the income sharing contract Mensah signed with the college, which was accredited final summer time, the events are required to submit all disputes to arbitration. The criticism argues that if Mensah is allowed to interrupt the contract by getting into the switch portal, enrolling at one other faculty, taking part in soccer and/or licensing his NIL rights to a different faculty, it could trigger Duke “irreparable hurt.” Mensah’s contract doesn’t embody an early termination, or “buyout,” clause.
The criticism additionally argues there’s a “robust public curiosity” on this case and that permitting Mensah to breach the contract would “undermine the integrity of those agreements.”
Along with searching for financial damages through arbitration, Duke can be searching for injunctive aid by the arbitrator that might stop Mensah from enrolling at one other faculty to play soccer and/or license his NIL rights for the rest of his contract with Duke.
“Duke College seeks this aid solely till the top of the arbitration course of, at which level the ultimate choice of the arbitrator will be enforced by this Court docket,” the criticism reads.
Mensah has been linked to Miami since saying his intentions final Friday. The Hurricanes misplaced to Indiana within the nationwide championship on Monday evening and have been available in the market for a brand new quarterback for the 2026 season.
Mensah’s switch choice comes lower than a month after he introduced his return to Duke for the 2026 season. A second-team All-ACC honoree in 2025, he led the Blue Devils to their first outright convention championship since 1962. Mensah initially transferred from Tulane to Duke forward of the 2025 season, signing a multi-year deal value greater than $3 million yearly. The deal, which started as a third-party NIL settlement, transitioned to a income sharing contract with Duke final summer time below the phrases of a multi-billion-dollar antitrust settlement generally known as the Home settlement. As of July 1, 2025, faculties are allowed to distribute as much as $20.5 million in income sharing on to athletes throughout all sports activities for the 2025-26 faculty yr.
That is faculty soccer’s second high-profile contract dispute in current weeks. Earlier this month, Washington quarterback Demond Williams Jr. publicly introduced plans to switch regardless of having signed a $4 million contract with the Huskies for the 2026 season simply days prior. (Williams additionally retained Heitner, a distinguished NIL lawyer, as authorized counsel.) Washington made it clear it had no intention of releasing Williams from that contract, and two days later, the quarterback introduced that he would honor the deal and play for the Huskies in 2026.
That dispute raised questions concerning the enforceability of income sharing agreements, which aren’t conventional employment agreements, as a result of faculty athletes aren’t authorized workers. Williams remaining with Washington means that his contract labored as supposed. Mensah and Duke appears to be the following take a look at case, and it has already resulted in authorized motion.
If Duke elects to not adjust to the switch request, Mensah might probably un-enroll from Duke and enroll at a brand new college exterior of the switch portal, the place he may very well be eligible to play soccer in 2026. That’s what occurred with defensive again Xavier Lucas, who left Wisconsin and went to Miami in January 2025 after Wisconsin refused to enter Lucas within the portal, claiming Lucas had a “binding settlement” with the college.
Lucas performed for the Hurricanes in 2025, together with in Monday’s nationwide championship. Heitner additionally represented Lucas in that matter.
“There may be nothing improper a couple of scholar un-enrolling from one faculty and enrolling at one other,” Heitner beforehand advised The Athletic. “My inclination is that no choose goes to [prohibit] an athlete from altering faculties.”
In June, the College of Wisconsin sued the College of Miami for tortious interference, claiming Miami deliberately interfered with a contract between Wisconsin and Lucas. That case is ongoing.
— The Athletic’s Stewart Mandel contributed reporting.
