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Second Circuit Clears Brian Flores’ Discrimination Suit to Proceed in Court

The court found the league’s arbitration clause unenforceable under the Federal Arbitration Act, paving the way for a public trial with discovery of internal NFL records.

Overview

  • The appeals court upheld Judge Valerie Caproni’s split ruling by rejecting the NFL’s bid to force Flores’ claims against the league and the Broncos, Giants and Texans into arbitration.
  • Circuit Judge Jose A. Cabranes wrote that the league’s arbitration provision amounts to “arbitration in name only” by vesting unilateral power in Commissioner Roger Goodell.
  • With arbitration blocked, Flores’ lawyers can seek emails, texts and sworn testimony during pretrial discovery that could expose internal hiring and promotion practices.
  • NFL spokesperson Brian McCarthy said the league “respectfully disagrees” and intends to seek rehearing or appeal to the U.S. Supreme Court.
  • The ruling follows a Nevada Supreme Court decision in Jon Gruden’s case that also struck down the NFL’s commissioner-led arbitration process, marking two recent judicial defeats for the league.