Duke Sues QB Darian Mensah Over NIL Deal as Transfer to Miami Sparks Legal Showdown
Just one day after Miami’s loss to Indiana in the national championship game, the Hurricanes’ offseason took an unexpected turn - and not on the field. Quarterback Darian Mensah, a transfer expected to compete for the starting job in Coral Gables, is now at the center of a legal battle with his former school, Duke.
Mensah, who previously played at Tulane and spent last season with the Blue Devils, is attempting to make his third collegiate stop - this time within the ACC, a move that’s raised more than a few eyebrows in Durham. But Duke isn’t just raising concerns; they’re taking it to court.
The Legal Fight Over NIL and Player Movement
Duke has filed a lawsuit against Mensah, claiming that the quarterback is contractually obligated to remain with the program due to an NIL agreement he signed while at the school. According to Duke, that deal binds Mensah to the football team, and his attempt to transfer - particularly to a conference rival - violates the terms of that contract.
This isn’t just about a quarterback changing schools. This is about the evolving world of Name, Image, and Likeness (NIL) in college athletics - and whether schools can use NIL contracts to limit player movement.
Sports law expert Michael McCann noted that the case could have far-reaching implications across college sports. While Duke is arguing Mensah must stay, the quarterback does have legal defenses, and the early court action has already gone in his favor.
Mensah’s attorney, Darren Heitner, told On3 that a judge ruled from the bench on Monday morning, denying Duke’s request to block the quarterback from entering the transfer portal. A written ruling is expected to follow, but for now, Mensah remains free to pursue his transfer to Miami.
Duke vs. Miami: More Than Just a Legal Dispute?
There’s more than a little ACC drama baked into this situation. Duke and Miami are conference rivals, and Duke’s head coach Manny Diaz just happens to be the former Miami head coach - the man Mario Cristobal replaced when he took over the Hurricanes’ program. That connection isn’t lost on anyone following the case.
Mensah has already said his goodbyes to Durham and is reportedly set to begin classes at Miami. But Duke is holding firm, arguing that the quarterback is still bound by the terms of his NIL deal. The school’s legal position is that because Mensah accepted NIL compensation tied to his presence on the team, he can’t simply walk away without fulfilling those obligations.
In a traditional contract dispute, Duke might have a case. But NIL deals exist in a gray area - they’re not employment contracts, and the NCAA has yet to establish consistent rules on how they’re enforced. To date, no court has upheld an NIL agreement as a binding reason to prevent a player from transferring.
What Comes Next?
The most likely path forward? A negotiated buyout.
Mensah may have to repay a portion of what he received through his NIL deal at Duke to satisfy the terms of his departure. That’s not uncommon in college athletics - we see coaches get bought out of contracts all the time. It’s not all that different from breaking a lease early: you can do it, but there’s usually a cost.
The question now is whether Duke is trying to recoup money - or make an example out of Mensah.
While player movement has become increasingly common in the transfer portal era (just ask TJ Finley, who’s played for multiple programs over his college career), this case could set a precedent. If Duke succeeds in enforcing an NIL contract to block or penalize a transfer, it could open the door for other schools to follow suit - which would fundamentally shift how NIL and the portal coexist.
For now, Mensah appears to be free to move forward with Miami. But the legal battle is far from over.
And as the college football landscape continues to evolve, this case is one to watch closely. It’s not just about one quarterback - it’s about the future of player rights, NIL enforcement, and the power dynamics between athletes and schools in the new era of college sports.