The Duke Blue Devils have officially sued their quarterback to keep him from entering the transfer portal under holding his exclusive NIL rights.
It’s been three days since the stunning news that Duke Blue Devils quarterback Darian Mensah planned to enter the transfer portal on the final day of the window being open, despite committing to return to the program three weeks prior. That would leave the Blue Devils without a quarterback and no time to obtain one with all the potential starters being signed by other programs already. It brought up allegations of tampering by his presumed destination, reported to be the Miami Hurricanes. It also is a watershed moment in the NIL landscape of college football with large implications. That became clear when Duke officially filed a lawsuit and are suing Mensah for breach of his multiyear NIL contract, as reported by Michael McCann of Sportico.
The school has, frankly, received little sympathy in the public eye after the way they obtained Mensah in the first place, grabbing him from the Tulane Green Wave for a lot of money. The thought is that they shouldn’t be surprised that those types of players are now seeking bigger deals elsewhere. However, Mensah is under contract until Dec. 31, 2026, and it grants the school "exclusive rights” to Mensah’s NIL “with respect to higher education and football.” They argue that him transferring would be akin to acting “as if his obligations” to the university “do not exist.” Duke reportedly agreed last July to pay Mensah a series of “substantial payments” for his exclusive license for NIL, both in higher ed and in football – the former of which likely saves them from “pay for play” arguments.
Here is the full story from Duke Roundtable writer Matthew Schmidt on why the Blue Devils aren’t winning in the court of public favor.
Mensah has a few arguments at his disposal, including that a school can’t block a student from transferring elsewhere, as they sought an injunction and restraining order in Durham County (N.C.) Superior Court to block Mensah from leaving and joining another program. As Pete Nakos with On3 reported Tuesday, Mensah’s agent Darren Heitner told him that the judge ruled from the bench denying Duke’s request to block his entry, pending a written ruling.
It somewhat mirrors an earlier case involving University of Washington and quarterback Demond Williams Jr., who the school considering suing after he planned to go back on a signed deal with the school. He ultimately ended up staying. It doesn’t appear that Mensah will follow suit there. Duke v. Mensah could be a serious moment in college sports, one that officially opens the floodgates to athlete employment and unionization.