NFL head coach Jon Gruden triumphs in Nevada Supreme Court arbitration challenge against the league and commissioner Roger Goodell
Jon Gruden's Lawsuit against the NFL Moves Forward after Nevada Supreme Court Ruling
Jon Gruden's lawsuit against the National Football League (NFL) is proceeding in court following a significant legal victory. The Nevada Supreme Court ruled 5-2 that the NFL's arbitration clause does not apply to Gruden, a former employee, and is unconscionable, allowing his lawsuit to move forward publicly rather than being forced into arbitration.
The court's decision blocks the NFL from compelling Gruden to arbitrate his claims, which allege that the NFL and Commissioner Roger Goodell orchestrated a "malicious and orchestrated campaign" by leaking his offensive emails to damage his career. The NFL has described Gruden's claims as "baseless" and plans to appeal the Nevada Supreme Court decision to the United States Supreme Court but has not commented further.
The emails, containing racist, misogynistic, and homophobic comments, were from 2011 to 2018 when Gruden was a color analyst for ESPN's "Monday Night Football." They came to light during a league investigation into the workplace culture of the Washington Football Team and owner Dan Snyder. A federal court filing four months ago revealed new email correspondence of former Washington Football Team executive Bruce Allen that extended beyond Jon Gruden.
Nevada Supreme Court justices Kristina Pickering and Elissa Cadish dissented from the ruling, suggesting that Gruden should have been aware of arbitration language in his contract. However, the court justices also noted that Gruden, as a sophisticated party, had the ability to negotiate the terms of his contract, including the arbitration clause. The court determined that the NFL's attempt to force Jon Gruden into arbitration was "unconscionable" and does not apply to him as a former employee.
Gruden's resignation as coach of the Las Vegas Raiders in October 2021 made him exempt from a provision in the NFL Constitution mandating arbitration. Steve Henson followed Jon Gruden in a civil lawsuit against the NFL and commissioner Roger Goodell. Adam Hosmer-Henner, Jon Gruden's attorney, stated that they are pleased with the Nevada Supreme Court's decision and that it validates Jon Gruden's reputation and clears the way for him to receive full justice and hold the NFL accountable.
The Nevada Supreme Court agreed with Gruden, reconsidering a previous decision to dismiss his lawsuit. The court ruling states that if the NFL Constitution were to bind former employees, the commissioner could essentially pick and choose which disputes to arbitrate, potentially allowing for unfair treatment. The ruling appears to clear the way for Jon Gruden's lawsuit to proceed.
In other news, 65,000 volunteers are being recruited for the FIFA World Cup 26, to be held in the U.S., Mexico, and Canada over 39 days beginning June 11. No information about soccer was provided in this article.
[1] Nevada Supreme Court ruling [2] NFL statement [3] Jon Gruden's lawsuit [4] Wall Street Journal article [5] New York Times article