A first-of-its-kind college sports case
Dan Etna, co-chair of Herrick's Sports Law Group, was quoted in The Athletic in an article discussing a case involving a multimillion-dollar contract between Duke and its quarterback and the broader implications for contracts with college athletes.
“This case if nothing else is a cautionary tale,” said Dan.
Duke University filed a lawsuit to prevent its quarterback from transferring while it "pursued arbitration over the contract, which includes exclusive rights to Mensah’s name, image and likeness 'with respect to higher education and football,' according to the complaint. Duke argued that Mensah transferring and competing elsewhere before arbitration would cause 'irreparable harm.'"
The two sides ultimately reached a resolution allowing the quarterback to transfer and play elsewhere in 2026.
The article discusses the broader impact on this suit, including schools losing their main legal tool to keep players beyond one season "or prevent other programs from poaching them." In addition, the article notes that players could end up being tied to schools, even if that player could get more money from another school or is ultimately not an asset to the team.
Read the full article in The Athletic here. Access may require a subscription.