The NFL’s secret, rigged, kangaroo court is on life support.
In the lawsuit filed four years ago by former Dolphins coach Brian Flores, the presiding judge has reversed a prior order sending some of the claims to arbitration. Now, the U.S. District Court for the Southern District of New York has concluded that all claims will be litigated in open court.
The ruling means that the Flores claims against the NFL, the Dolphins, the Giants, the Broncos, and the Texans will be handled in court, not arbitration. It also applies to the claims made by Steve Wilks against the Cardinals, and by Ray Horton against the Titans.
Friday’s decision flows from last year’s ruling by the U.S. Court of Appeals for the Second Circuit, which denied arbitration as to the remaining Flores claims based on the NFL’s insistence that Commissioner Roger Goodell control the process. That same “fatal flaw” (as Judge Valerie Caproni described it) impacts all efforts to compel arbitration.
The league will undoubtedly fight the result. Although Goodell defended the practice during last week’s Super Bowl press conference, it is fundamentally unfair for the person hired and paid by the teams to be resolving legal claims made against his employers. No one in that position can be fair and impartial.
The NFL hates external oversight. It wants to control its business, and it hopes to keep any dirty laundry tightly under wraps.
The league previously filed a petition for appeal to the U.S. Supreme Court on the question of whether the arbitration requirement is legitimate. Whatever the final outcome, it’s long overdue that the highest court in the country examine and resolve whether it’s appropriate for any organization to require employees to submit their legal claims not to an independent party but to the boss.
