NFL Pursues Review of Second Circuit Decision in the Flores Case Appeal
The National Football League (NFL) has filed a petition for a rehearing en banc with the U.S. Court of Appeals for the Second Circuit, challenging a ruling that sharply rebuked the NFL's system of arbitration. The petition comes in response to a three-judge panel's decision to uphold a 2023 ruling by U.S. District Judge Valerie Caproni, denying the NFL arbitration on race-related discrimination claims made by Vikings defensive coordinator Brian Flores against the New York Giants, Denver Broncos, Houston Texans, and the league.
The NFL argues that the panel's decision, if not reversed, will enable a court to invalidate an NFL scores agreement based on a value judgment that its procedures are unfair. The league contends that Flores' claims are governed by arbitration clauses from his interviews with the Broncos in 2019 and the Texans in 2022, as well as his contracts as a Patriots assistant coach in 2019 and a Steelers assistant coach in 2022.
However, the panel found that the NFL's approach to arbitration doesn't adequately safeguard Flores' rights, as NFL commissioner Roger Goodell can serve as the arbitrator or delegate that authority. The panel also stressed that Massachusetts law bars the enforceability of the arbitration language in the Patriots contract and that the Flores-Steelers contract submitted to the judge was never signed by Goodell.
Flores contends that the panel's repudiation of NFL arbitration means his claims against the Miami Dolphins can't be credibly resolved with Goodell or Goodell's designated pick to serve as arbitrator (former New Jersey Attorney General Peter Harvey) serving as arbitrator. Flores has petitioned Caproni to reconsider her decision on his claims against the Dolphins.
The NFL's brief refers to the case of NFL Management Council v. NFL Players Association (a.k.a. Brady's case) in its argument. It's important to note that petitions for rehearings en banc are granted less than 1% of the time, particularly disfavored in the Second Circuit. If a majority vote from 13 active judges on the Second Circuit is secured, the matter will be reheard.
Meanwhile, Douglas Wigdor and other attorneys for Flores will have the chance to rebut these arguments in a forthcoming filing. The NFL's filing for the reinstatement of a plenary decision at the Second Circuit was prepared by the league's legal representatives or attorneys.
Recently, U.S. District Judge Denise Cote cited the panel's decision in a case involving a former NBA referee suing the NBA and that contemplates arbitration. Last year, U.S. District Judge Jessica Clarke dismissed a trade secrets lawsuit brought by the New York Knicks against the Toronto Raptors to an arbitration process overseen by commissioner Adam Silver.
If the NFL's petition is granted and the court sides with the NFL, the panel's decision "will not enable a court to invalidate an NFL scores agreement based on nothing more than a value judgment that its procedures are unfair," as argued by the NFL. The outcome of this case could have significant implications for the longstanding, broad arbitration provisions of sports leagues, potentially causing problems for the MLB, NBA, and NHL.
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