NFL officially files motion to compel Brian Flores case to arbitration

NFL: JAN 09 Patriots at Dolphins
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When selecting June 22 for the date of the hearing at which Commissioner Roger Goodell will testify, the U.S. House Committee on Oversight & Reform either deliberately or coincidentally set the session for one day after the league’s deadline for filing a motion to force the arbitration of the Brian Flores litigation. Regardless, as Congress prepares to grill Goodell, the ink is still drying on the league’s effort to push the entire case into the NFL’s secret, rigged kangaroo court.

The presiding judge set the schedule earlier this year. The paperwork supporting the motion to compel arbitration must be filed by June 21. Via Danel Kaplan of TheAthletic.com, it has indeed been filed.

The threshold effort to compel Brian Flores, Ray Horton, and Steve Wilks to yield to the NFL’s internal dispute-resolution process comes from the contracts the three named plaintiffs signed with the Dolphins, Titans, and Cardinals, respectively. The league’s teams routinely include in coaching contracts broad, take-it-or-leave-it language requiring any claims to go to arbitration.

And while that’s increasingly common in American business (mainly because they never want to have to answer for their actions to independent judges and juries), most companies defer to an outside arbitration service. The NFL’s obsession with the micromanagement of every aspect of its business includes forcing coaches and other team employees to allow the man hired and paid by the owners of the teams to resolve claims made against those owners.

Fairness? Justice? Sure, Jan.

It’s ridiculous that the league does this. It’s ridiculous that the league has been permitted to do it. Hopefully, this is the case during which basic notions of equity will be applied to the NFL’s unfair effort to rig the system in its favor.

Flores, of course, has claims against other teams. Based on Kaplan’s article (we’re in the process of getting the raw court documents), it appears that the league has advanced the same argument that was rejected last month by a court in Nevada in the Jon Gruden case, based on the NFL’s Constitution & Bylaws.

The response to the motion is due one month from today. The NFL then will get the final word in writing. Eventually, a ruing will be made. Inevitably (if the NFL doesn’t get what it wants), appeals will be filed.

14 responses to “NFL officially files motion to compel Brian Flores case to arbitration

  1. It is sad the NFL does not want to have transparency with this issue. As fans, we should have the truth about the billion-dollar product we are the largest consumers of. I think the fear is the truth could cause class-action lawsuits against the NFL and every sports book on the planet.

  2. Don’t want that dirty laundry hanging out on the line for everyone to see…

  3. I’m sure Flores attorneys will be using the Gruden ruling to support their case. I seriously doubt this judge would rule differently

  4. Could this case end the kangaroo court all together? What the NFL calls arbitration is not arbitration. Goodell is an employee of the owners. Having him preside over arbitration is a conflict of interest and would never be allowed outside the NFL. The whole clause seems illegal. It is in every contract and as you said. If it is not accepted, you do not get the job. There has to be laws against this type of contract and precedent someplace. You can not force an employee who has an issue with senior management to have a middle manager decide what is fair. Goodell has always operated as the middle manager and not as the commissioner. He has never taken steps for the better of the NFL. It always has been for the better of the owners.

  5. Screw Snyder, screw the league and their Kangaroo court. We all know Snyder is dirty, he should be thrown out of the NFL.

  6. What if every NFL employee was to refuse to sign the contract unless an addendum was added nullifying the arbitration clause in their contracts?

  7. The “secret, rigged kangaroo court” that both parties mutually agreed to on their own accord. I don’t understand that constant characterization of a process that everyone actually involved agreed to do as somehow evil or wrong. This is a very common and perfectly legal process.

  8. If you’re wondering why there are people like myself pulling for the XFL, look no further.

  9. Cant stand the NFL and how they run the league like tyrants. Whether they should be allowed to do this is a different question but problem here is all parties agreed to arbitration so how can they back out?

  10. The “secret, rigged kangaroo court” that both parties mutually agreed to on their own accord. I don’t understand that constant characterization of a process that everyone actually involved agreed to do as somehow evil or wrong. This is a very common and perfectly legal process.
    ——
    Shhhh, let’s not interject rationality and reality into this. People’s feelings are hurt…contracts be damned! A man is trying to lay blame for his personal failures at the feet of his skin color, who cares what he legally consented to!?

  11. “Power is as power does” always has been, and for the little guy, probably always will be. Sad!

  12. Most large employers have their employees at point of hire sign similar agreements. This is not usual. Potential employees have the right to not agree to that term, but to do so, means they will not be offered employment. In fact you will find that when you purchase services from a provider, you will also see that in your service agreement you have agreed to arbitration and not court relief for any problems.

    Like it or not, the NFL is following the same gameplan. And frankly, why would anyone voluntarily allow their company’s reputation to be dragged through the mud? This provides the complainant potential relief for their concerns – and that really is all that they are owed.

  13. Brian Flores case is a sham anyway. He cares about nothing but himself. He is a crap coach who got fired because of it. SImple.

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