Duke quarterback Darian Mensah has managed to speed up the legal case that currently has him blocked from heading to another school.
An attorney for Mensah filed an emergency motion in Durham County Superior Court seeking a judge to “reconsider” the temporary restraining order (TRO) granted to the school that prohibits Mensah from enrolling elsewhere. That TRO sought by Duke runs through the next scheduled hearing in the case, but Mensah's request argued that enrollment deadlines for other schools expire as early as Friday.
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“Consequently, the TRO Order becomes more than ‘temporary,’ as it could permanently foreclose opportunities for Mensah to enroll at other collegiate institutions,” the motion states.
Additionally, Mensah's motion sought to reschedule the Feb. 2 hearing date to Friday if a judge didn't reconsider the temporary restraining order. Ultimately, that next hearing was moved up four days to Thursday, according to the state's online courts portal.
The school filed its lawsuit Monday in Durham County Superior Court, pointing to terms in the two-season contract Mensah signed with Duke for payments tied to his name, image and likeness (NIL) rights in college football through 2026. Duke's complaint came three days after Mensah reversed his previously announced plan to return to the Blue Devils after leading them to the Atlantic Coast Conference title.
Specifically, Duke’s lawsuit argued that the contract requires parties to go through arbitration before any dispute can be resolved. The school has issued a statement saying it “intends to honor” its contract with Mensah “and we expect he will do the same.”
A judge granted Duke’s request for the TRO, first verbally in a Tuesday hearing and then with a written order a day later, in an effort to “preserve the status quo” until the next hearing. That meant Mensah could enter his name into the transfer portal, but couldn’t take additional steps such as enrolling elsewhere and reaching a deal to play football.
Mensah's filing asks the judge for reconsideration based on “new evidence," then argues that “neither Mensah nor counsel was aware of any enrollment deadlines” for schools interested in adding Mensah at the time of the Tuesday hearing. It argues that Mensah would suffer “manifest injustice” if the deadline passes while the parties stay with the Feb. 2 scheduled hearing, while also arguing that date exceeds a 10-day limit prescribed by the North Carolina Rules of Civil Procedure.
In an accompanying affidavit, Mensah states he “learned for the first time” that enrollment deadlines at other schools “will expire” Friday and that he was “not informed” of deadlines before the hearing.
Mensah, who transferred in from Tulane and even faced his former team, finished second in the Bowl Subdivision ranks by throwing for 3,973 yards while ranking tied for second with 34 passing touchdowns.
The Mensah-Duke case is the latest in what is becoming a more frequent occurrence in the revenue-sharing era of college sports: legal fights over contracts between schools and players seeking to transfer.
Earlier this month, Washington quarterback Demond Williams Jr. announced plans to transfer before changing his mind two days later, coming amid multiple reports that the school was prepared to pursue legal options to enforce Williams’ NIL contract.
And in December, Missouri pass rusher Damon Wilson II filed a lawsuit claiming the athletic department at Georgia was trying to illegally punish him for entering the portal in January 2025.
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