A portion of Brian Flores’ lawsuit against the NFL and a handful of its clubs may be heading to the United States Supreme Court. Per Mike Florio of Pro Football Talk, the league has filed a petition for writ of certiorari with SCOTUS in an effort to keep all of Flores’ claims in arbitration rather than open court.
In August, Flores’ claims against the league and three teams – the Broncos, the Giants, and the Texans – were allowed to proceed to court rather than remain in arbitration. In affirming that decision and ruling against the NFL, the Second Circuit Court of Appeals reasoned that Flores never signed contracts with mandatory arbitration language with those clubs (the basis for his claims against those three teams is that they allegedly conducted sham head coaching interviews to comply with the Rooney Rule).
On the other hand, because Flores and co-Plaintiffs Steve Wilks and Ray Horton had signed contracts with the Dolphins, Cardinals, and Titans, respectively, and because those deals included a mandatory arbitration provision, the claims against that trio of teams remained in the purview of Peter Harvey, the arbitrator whom commissioner Roger Goodell appointed.
The NFL sought a rehearing of the Second Circuit’s decision – originally made by a three-judge panel – before the court’s full 13-judge bench, but that request was denied. Left with no other alternative, the league is now seeking review from the highest court in the land.
Of course, the Supreme Court grants only a small fraction of the petitions for writ of certiorari it receives each year. The NFL has presented the following question for review:
Whether an arbitration agreement governing disputes in a professional sports league is categorically unenforceable under the Federal Arbitration Act because it designates the league commissioner as the default arbitrator and permits the commissioner to develop arbitral procedures.
By narrowing the scope of the question to professional sports leagues, the league is allowing the court – if it chooses to hear the case – to narrow the scope of its eventual holding in the same way. In other words, even if the court rules in the league’s favor, it would not necessarily be greenlighting CEOs of all industries to preside over arbitration claims involving their companies in the same way that Goodell (or his designee) has presided over arbitration claims involving the NFL.
The NFL’s petition will further delay any trial or hearing on the merits of the suit, which Flores initiated nearly four years ago. In the meantime, Flores’ coaching career is still going strong.
The 44-year-old just finished a successful three-year run as the Vikings’ defensive coordinator, and now that he is out of contract, he and Minnesota are discussing a new deal. Though he has been mentioned as a candidate for the Raiders’ head coaching vacancy, only the Ravens have put in a formal HC interview request as of the time of this writing.