Duke University sued quarterback Darian Mensah on Tuesday, and a judge denied a request for a temporary restraining order that would have prevented him from entering the transfer portal.
Darren Heitner, Mensah’s attorney, told ESPN that Durham County (North Carolina) Superior Court Judge Michael O’Foghludha ruled from the bench Tuesday, pending a written ruling, and denied Duke’s request that Mensah be enjoined from entering the transfer portal.
According to Heitner, Duke was expected to enter Mensah into the transfer portal on Wednesday.
“The judge, a Duke basketball season-ticket holder, and thus a booster, also recused himself from future proceedings,” Heitner said.
As a result, a different judge, Ed Wilson, will rule on Duke’s request for relief that would prevent Mensah from enrolling at another school, playing at another school and licensing his name, image and likeness to another school.
Heitner said Wilson is scheduled to hear the case on Feb. 2, but Mensah’s team will push to move the date sooner.
Mensah informed Duke coach Manny Diaz that he intended to transfer on Friday, the last day of the transfer portal window.
Under the terms of Duke’s NIL contract with Mensah, any disputes must be settled through arbitration.
The school said it filed a claim for arbitration Monday and wants the judge to issue relief until the end of that arbitration process.
Mensah, who led the Blue Devils to a 9-5 record and ACC title this past season, announced Dec. 19 that he intended to return to Duke this coming season, instead of entering the NFL draft.
He had a multiyear NIL contract with Duke, which expires Dec. 31, that was believed to be worth up to $4 million for the upcoming season.
“Mensah reversed course, informed Duke that he would seek a transfer, and issued a public farewell,” the lawsuit said.
“In so doing, he repudiated the contract.He proposes now to move onto another collegiate institution and act as if his obligations to Duke University do not exist. None of these facts can be disputed. But contracts mean something.”
Mensah, who started his college career at Tulane, has been linked to Miami, which is seeking a successor for quarterback Carson Beck.
The No. 10 Hurricanes lost to No. 1 Indiana in Monday’s CFP National Championship.
In a sign that Miami has secured a quarterback for 2026, backup Emory Williams told ESPN on Tuesday that he has entered the transfer portal. He is expected to go to East Carolina.
If Mensah is permitted to continue his course of ignoring his contractual obligations and transfer to another school to compete in football and license his NIL rights to that school, Duke University will have no ability to protect its rights in an arbitral proceeding,” the lawsuit said.
“Indeed, those rights will be practically worthless if Mensah is allowed to enroll at another collegiate institution, play football there, and relicense his rights.
This past season, Mensah led the ACC with 3,973 passing yards and 34 touchdowns, while completing 66.8% of his attempts.
Darian Okoe Mensah, born on January 25, 2005 is an American college football quarterback.
Darian whose father is Ghanaian, did not play an active role in his upbringing.
He was raised by his single mother, Naomi Brebes-Mensah, American along with four Siblings in California.
She is recognized for her resilience and for fostering her children, including twin sister Grace and brother Elvis, athletic pursuits despite significant financial struggles.
