Court Appearance Pursued by Flores in Approaching Dolphins Arbitration
In a significant development, former Miami Dolphins head coach Brian Flores has expressed dissatisfaction with the NFL's internal arbitration system. Flores alleges that the system has failed due to a lack of progress, transparency, and communication, particularly in cases involving race discrimination.
Flores' claims against the Dolphins involve allegations of an alleged tanking and tampering scheme, including bribes and a visit by Tom Brady to a yacht docked in Miami. Flores accuses the defendants of violating civil rights laws through racist acts in the hiring, employment, and firing of NFL Black coaches and executives.
The NFL, on the other hand, argues that Flores' relationship with the Dolphins is meaningfully different from his relationships with teams that didn't hire him, as Flores signed a contract with the Dolphins that contemplated league arbitration.
In a related story, the NFL has requested a replay on the Second Circuit ruling in the Flores case. The NFL hired former U.S. Attorney Mary Jo White to investigate Flores' allegations. White's probe confirmed allegations of tampering but didn't find sufficient evidence of tanking.
Flores questions the relationship and compensation of arbitrator Peter Harvey with the NFL and its teams, citing his role as arbitrator in the Deshaun Watson matter. He also criticises the delegation of arbitration oversight to Harvey, stating that it has not provided adequate justice.
Flores seeks for his case to be certified as a class action on behalf of all Black head coaches, offensive and defensive coordinators, QB coaches, general managers, and Black candidates for those positions who would fall within the applicable statute of limitations.
Pretrial discovery for these allegations would involve the sharing of sensitive texts and emails, along with depositions of high-ranking Dolphins and NFL officials. Flores maintains that Commissioner Goodell kept jurisdiction over the dispute despite it being non-football-related, contrary to NFL dispute resolution guidelines.
Flores alleges that Dolphins owner Stephen Ross offered him a $100,000 bonus for every loss in 2019, seeking to incentivize Flores to help the Dolphins land the first overall pick in the 2020 NFL draft. Flores was head coach of the Dolphins from 2019 to 2021. After a 5-11 season in 2019, Flores coached the Dolphins to 10-6 and 9-8 records in 2020 and 2021, respectively.
Flores contends he was fired in retaliation for failing to go along with a tanking scheme and was subjected to other indignities designed to stigmatize him as an 'angry' Black man. However, the NFL is expected to file a rebuttal, pointing out that the Second Circuit's ruling only pertains to Flores' claims against the Giants, Broncos, and Texans, not the Dolphins.
Additionally, Harvey has allegedly not issued any decision on the motion for arbitral disclosures or communicated with the parties regarding the proceedings, causing the arbitration to be in a standstill. The outcome of this case could have significant implications for the NFL and its approach to race and discrimination in the sport.
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