NFL calls Jon Gruden allegations “entirely meritless,” vows to “vigorously defend” against the lawsuit

USA TODAY Sports

The NFL has done what most parties do when sued in civil court. The league has denied all charges.

“The allegations are entirely meritless and the NFL will vigorously defend against these claims,” NFL spokesman Brian McCarthy said in a statement issued to PFT on Friday.

The league has the right to defend itself vigorously, and to believe that the allegations have no merit. And to say so publicly. The reality, of course, is that the truth ultimately will come out in court, with a judge and jury presiding.

Unless it doesn’t. The NFL undoubtedly will try to argue that the entire controversy belongs in arbitration, based on any and all terms from Gruden’s contract or from league policies or wherever and however the league can take the matter from a public forum when a jury of regular people will make a decision and cram it into a private setting, with a lawyer or a retired judge making the decision.

The league surely will fight this aggressively, since the process of producing documents and making witnesses available for testimony will shed light on something the league prefers to keep secret — the investigation of the Washington Football Team. If preliminary efforts to force the case to arbitration fail, the best move could be not to vigorously defend but to generously settle.

In hindsight, that’s precisely what the league should have done after its vigorous effort to force the St. Louis relocation litigation into arbitration failed.

57 responses to “NFL calls Jon Gruden allegations “entirely meritless,” vows to “vigorously defend” against the lawsuit

  1. Is it arrogance? Is it stupidity? What is it that makes the NFL say and do the things they do?

  2. Does the lawsuit indicate Gruden has proof that leak came from NFL? Or proof of statements by nfl to Davis along lines of, “fire Gruden or more will come out”. If so, Gruden is in a good position.

  3. There is a 0.0% chance the NFL lets this get to discovery. This will be settled post haste.

  4. When organizations can afford squads of the best attorneys money can buy, they pretty much get whatever they want.

  5. And the soap opera that is the NFL continues to churn out one scandal after another…it’s really unbelievable.

  6. The NFL’s hands are dirty and even they know it.

    This is gonna be great..

    Nail them to the wall Jon!

  7. It just makes me laugh when I see high profile people on tv dressed to the nines, perfect tans, perfect smiles, and having respectful interviews all the while knowing, particularly in Goddell’s case, that he has zero integrity. The same can be said for Gruden.

  8. If the NFL conspired to shame Gruden publicly, then why should this matter be settled privately. I hope it goes to court, because I want to see the NFL owners, Goodell, and Gruden look bad. It would be a win-win-win.

  9. Who ordered the code red?
    Why was Gruden targeted? Or maybe the Raiders and Mark Davis were targeted?

  10. What’s the cause of action?

    I don’t see tortious interference because the NFL is a stakeholder and has a right to protect the “shield”.

    Nor do I see defamation. Gruden admitted his actions and apologized. Truth is an absolute defense.

    Mike, some very famous and powerful people have attacked “leaks” but it seems that’s because the truth hurts. How’s that actionable?

  11. The NFL is owned by petty white Post-War Cohort and baby boomer billionaires. Why are people shocked ? The NFL has always been a hot mess and will continue to be for a long time. Real change won’t come until those generations die out.

  12. I thought there was a report that Gruden had reached a termination settlement with Mark Davis and hence the league. This lawsuit would pretty much be a breach of that settlement.

    Also, not sure on what grounds he would subpeona the emails? The content of the emails isn’t in question just their custody.

    It would be hilarious to force Gruden to read his emails out loud in court. Kind of like an audio book of his emails. Might take a few weeks or months though but Gruden isn’t doing anything else for the forseeable future.

    knock on wood if your with me…

  13. At the end of the day, Gruden’s point may not even be to prove the NFL leaked it, but dragging this through the trial discovery process will force the WFT, NFL and investigators to publish the documents, emails and investigation results!

    That will put the spotlight squarely back where it belongs on Dan Snyder’s sick and dysfunctional organization and the inexplicable decision Goodell and the owners made to protect him! That would probably be victory enough for Gruden!

  14. Coach Jimmy Johnson would say they are lying–because they used the word “entirely”.
    If they were really meritless, they would have simply used the word “meritless”.
    It’s amazing how often people blow the whistle on themselves while trying to dress things up.
    “Entirely”, they say!
    Sure, bubba, lol.

  15. mookie34 says:
    November 12, 2021 at 5:13 pm

    First time I’ve found myself rooting for Roger Goodell.
    ______________________________________________________________

    I’m rooting for the game. It’s here to stay, even if this league folds. The game is eternal and these bodies floating on both sides of the aisles are only here for a short time.

    Something absolutely needs to be done to clean up the mess. Let’s hope nothing detrimental to the game itself occurs as a result of this latest excursion/diversion outside the lines.

  16. Yeah somebody targeted Gruden with that handful of emails being released out of hundreds of thousands still being hidden.

    The NFL will fight tooth and claw to hide that treasure trove because the entire lot will be demanded as part of discovery and reasonably so. And they know very well there will be owners, other coaches, Goodell and his office all with some sort of awful behavior to hide that will cause earthquakes throughout the league if they are ever released.

    I predict they will huff and puff for now and then settle with Gruden before those emails can be revealed

  17. tigerlilac says:
    November 12, 2021 at 5:14 pm
    What’s the cause of action?

    I don’t see tortious interference because the NFL is a stakeholder and has a right to protect the “shield”.

    Nor do I see defamation. Gruden admitted his actions and apologized. Truth is an absolute defense.

    Mike, some very famous and powerful people have attacked “leaks” but it seems that’s because the truth hurts. How’s that actionable?

    —————————

    Torturous interference.

    Did it occur?

  18. The NFL, by releasing the email, did not break any law. I think that Gruden is trying to get even by forcing the NFL to release ALL of the emails, which will likely make owners and other coaches look terrible.

    This article is correct. Unless the NFL can force this case into secret arbitration, they will have to settle.

  19. That’s exactly what they said about the St. Louis lawsuit and we see how well that one has been going for them. Maybe St. Louis will get an expansion and Gruden will the owner, lol.

  20. Good article Florio. I love when you’re talking about legal stuff. You should have been a lawyer. Lol

  21. Future headlines:

    -Report: Goodell steps down as Comissioner due to Gruden lawsuit fallout

    -Mark Davis, Jerry Jones named possible interim Comissioner candidates

    What a time to be alive

  22. Meritless? Uh when there is 650,000 emails and only his got leaked, I would say Jon Gruden has a slam dunk case. It is time to expose the NFL for their corrupt behavior, and yes that includes to blatantly fixing games, supporting a referree that hip checked a player, making up the rule book as they go along, and charging an NFL owner a $650 million relocation fee, uh your voting requirement implicates every single NFL owner that supported the relocation. Looks like St. Louis and Gruden will be getting large deposits into their accounts. And don’t sign any NDAs. Its time for the TRUTH to come out and it will never happen if the NFL has any say.

  23. If the case is “entirely meritless” then why do you have to “vigorously defend”? If you have nothing to hide, then why do you hide, NFL? Everybody knows what what down. I’m sure the NFL will shred the tapes. But… Res ipsa loquitur. Remember that.

  24. IF the NFL cannot get this matter before arbitration they should settle immediately. They didn’t in the STL matter and look where they are now. IF it get’s to the discovery process it is time to get your popcorn!

  25. IT is meritless. In order to win, Gruden has to prove that the NFL or or Goodell not only released the email, but that they specifically did it to ruin Gruden’s career, butI don’t think that is Gruden’s goal

    I think that the sole purpose is to get back at Goodell and the NFL by forcing them to either release ALL of the emails or settle with Gruden for a huge sum of money

  26. I love reading comments from fans with no legal background on like the St. Louis case this isn’t going anywhere. Keep the ridiculous comments coming though.

  27. I love reading by people, that know nothing about the law, complaining about other people posting about the law.

  28. tigerlilac says:
    November 12, 2021 at 5:14 pm
    What’s the cause of action?

    I don’t see tortious interference because the NFL is a stakeholder and has a right to protect the “shield”.

    Nor do I see defamation. Gruden admitted his actions and apologized. Truth is an absolute defense.

    Mike, some very famous and powerful people have attacked “leaks” but it seems that’s because the truth hurts. How’s that actionable?
    —————————————————————————————————-
    #legallyclueless

  29. In reading the lawsuit, most of the claims will require proof. If Gruden has proof that nfl did the leaking or that nfl threatened Davis with more leaks then he has a good chance. If he does not have proof then “negligent hiring” and “negligent supervision” are the only two claims I can see that he would have a chance to win on because there is proof that the leaks happened, and the nfl was responsible for hiring and supervising all people with access to the emails.

  30. Baloney! We are done with this ‘cancel culture’ crap.

    You can’t destroy someone because they don’t like the same people you do, or because you misinterpret their written word, or because their works were in the past and you now want to apply ‘current standards’ to them.

    It’s already been said. This never goes to trial, Gruden walks away with millions and the woke NFL gets fisted.

  31. radar773 says:
    November 12, 2021 at 6:58 pm
    I love reading by people, that know nothing about the law, complaining about other people posting about the law.
    —————————————————————————————–
    Okay, point taken, but what do you think is gonna happen?

  32. Is the real threat here that the lawsuit will cause all the emails to go into the public record? If so, the nfl would try to settle this with a truckload of cash. Would be interesting if Gruden says “screw u, I want all the emails to come out and I don’t care about the $. u screwed me and now it’s payback time”.

  33. It would be really interesting if Gruden refused any offer of a settlement. Let’s see those emails and find out who the leaker is.Gruden shouldn’t be the only one to go down for this.

  34. stellarperformance says:
    November 12, 2021 at 4:08 pm
    When organizations can afford squads of the best attorneys money can buy, they pretty much get whatever they want.
    _________________

    Sounds like your Green Bay Packer Bub. NFL pretty much ruined Gruden’s career over emails that should have never been leaked. Racist sure but last time I looked being a racist is not cause for what the NFL did. NFL is acting like they “Woke”, they are not. They know who they want there and who they don’t. Rodgers is good fodder for them just like Gruden is/was. Racist or not man has a right to work. This cancel culture crap has got to stop, people make mistakes. It’s all fine and dandy with the schadenfreude until it happens to you.

  35. Funny how the NFL immediately reacts to bringing a lawsuit against them but as far as the Watson fiasco with 22 suits against him they haven’t said or done anything. The NFL plays by their own rules and they will make them up as they go of necessary, that is a scary organization.

  36. I’m glad Gruden sued, and I hope he takes the case to trial.

    I also think that, if he wins, it opens up an avenue for him to coach again in the NFL. It’s hard to imagine that Gruden’s sin is career-ending, given all of the moral failings of people who play and work in the NFL.

  37. This stinks of an NFL cover up. What was going on in Washington and how much was Godell involved?

  38. I asked a simple legal question. If The NFL did what Gruden’s lawyers claim how is that actionable? That raised the ire of a few readers but no one answered the question.

    It’s not defamation to tell the truth about someone.

    Yes, the NFL knew of the contractual relationship between the Raiders and Gruden. Let’s assume they can prove the NFL released the emails. The court would have to find the release was improper. I doubt they were evidence produced under seal or a protective order.

    The CBA between the NFL and players heavily favors the league (the Brady case proved that). I expect the NFL has similar rights vis-a-vis coaches. In short, I question whether they would be legally considered a third party barred from interference.

    I woukd appreciate some edification on the matter that doesn’t just admonish “cancel culture”.

  39. they should pull the last 10 year’s of emails from ALL owners and athletes and let the chips fall.
    .
    pretending gruden is the only person in the NFL to use language like that in what he thinks at the time is a private email…lust lying to yourselves.

  40. Courts are not fishing expeditions. There’s no reasonable argument for a judge to release “all” the Washington emails. Nor is it a place to claim “what about them” in reference to guys that said objectionable things in emails. The league doesn’t have to defend not taking action against other Neanderthals.

    Gruden filed a lawsuit to be awarded monetary damages.

  41. To Chiefs fan in LA:

    No one said Gruden is the only person to have said similar things.

    A private organization which oversees 32 franchises discovered conduct that they deemed warranted dismissal. The government didn’t do this. It’s not a criminal case. Gruden resigned and apologized.

    Those facts don’t require the NFL to go on a “witch hunt” to root out similar or non-similar misbehavior, nor de-franchise owners that may have done so.

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