NFL now claims Jon Gruden sent derogatory emails while serving as Raiders coach

Chicago Bears v Las Vegas Raiders
Getty Images

When it comes to keeping all legal claims in its secret, rigged kangaroo court, the NFL will go to great lengths. Usually, that means appealing to the highest courts in the land any and all rulings defeating the league’s effort to push cases to arbitration.

In the lawsuit filed against the NFL and Commissioner Roger Goodell by former Raiders coach Jon Gruden, the appeal process has yet to begin. The clock for filing an appeal won’t even start to run until a final, written order is entered regarding the ruling that the case should stay in court. And as the two sides haggle over what the formal document denying the NFL’s effort to compel arbitration should and shouldn’t say, the NFL has said something very significant.

Via David Charns of CBS 8 in Las Vegas, the league has suggested that Gruden’s potential habit of sending “derogatory” emails wasn’t confined to the over-the-top messages sent to former Washington executive Bruce Allen in 2011, when Gruden wasn’t employed by any NFL team.

In a court filing submitted last week, the NFL’s lawyers questioned the accuracy of the proposed order submitted by Gruden’s representatives. “In several places, Gruden’s proposed order states that the emails were ‘sent between 2011 and 2018, during which time Gruden was not working as a coach in the NFL but as an employee of ESPN,” the league’s lawyers wrote. “Gruden’s claim (and purported finding of fact) on the timing of his emails is, in reality, very much disputed by the NFL parties and in fact false. Discovery — necessary to make any finding of fact on this issue — will show that Gruden continued to send the same kinds of derogatory emails consistently following his start date with the Raiders.”

This means that the league believes (or already knows) that Gruden sent problematic emails not only while he worked for no NFL team but also after he returned to the Raiders in 2018. Gruden’s lawyers argue that the league has blown its window to bolster a failed argument that the case should be resolved in arbitration by arguing that Gruden also sent “derogatory” emails after joining the Raiders.

“The NFL did not make these unsubstantiated arguments in the motions they already lost and will not be able to make them if they appeal,” Gruden’s attorney, Adam Hosmer-Henner, said in a statement issued on Monday. “In fact, their own attorney conceded during the hearing that the emails were sent before Jon Gruden signed with the Raiders.”

In other words, it’s too late for the NFL to support the argument that the case should be sent to arbitration by pointing out that Gruden sent “derogatory” emails after returning to coach the Raiders. It’s possible that the NFL didn’t find the emails until after the court issued a verbal ruling in May that the case should not be sent to arbitration. It’s also possible, if not likely, that the league hopes to utilize this specific process to further smear Gruden in a semi-legitimate way.

Gruden lawsuit arises from the fact that someone leaked the emails he sent to Allen when Gruden was working for ESPN. If someone were to leak emails Gruden sent while working for the Raiders, a new lawsuit would be filed. (Or, at a minimum, the current lawsuit would be expanded.)

But this is part of the defense-lawyer playbook in civil cases. Even though Gruden’s ouster had nothing to do with any emails he sent while working for the Raiders, the scorched-earth effort to win the case (and to make him regret even bringing it) includes looking for anything that can be used to make him look bad. And if it can be shown that Gruden sent similarly problematic emails while working for the Raiders, that definitely would make him look bad.

If the case ends up in arbitration, chances are those emails will never see the light of day. If the case remains in court, those emails likely will become a cornerstone of the league’s defense, under the clunky title of “after-acquired evidence.”

The argument goes like this: After the plaintiff sued us, we started looking for any and all dirt that we could find. And here it is, our after-acquired evidence. More commonly known as “f–k around and find out.”

41 responses to “NFL now claims Jon Gruden sent derogatory emails while serving as Raiders coach

  1. Might be a lesson in there somewhere like if you are going to sue your employer, it helps not to be a misogynist and a bigot. (Oh, and if you are, don’t put it in writing.)

  2. And when will the players be held accountable for the horrible things they say to each other on the field?

  3. Make em pay. NFL is getting too big for their britches. Need to be knocked down a peg or 2.

  4. Scandals, injuries, terrible personnel choices…..it never ends with the rudderless Raiders!

  5. But the leaked emails and the pressure for Gruden to resign was directly linked to the batch of emails found in the 650,000 emails during the Washington investigation. The league said that. Why is it just now coming out that there were more? Were there more than the 650k emails?

    What Gruden did was really not good, but to try and spin it because it was more than the original group of emails reported makes this sound like the League is doing everything they can to keep all of those emails from going to discovery.

    The league is going to look really bad if it comes out that other GMs/Coaches/Owners were saying things similar to what Gruden said and none of those were released or none of those people were punished for it.

    This may be the magic bullet that brings down the entire house of cards.

  6. I wonder if football fans see the big picture here. The Washington Post publicized “leaked” emails. It makes no difference what people think of Gruden. Personally I think he’s a blow hard. But are we all ok with our emails being used against us? Our we no longer upset that Big Brother is not only watching and listening, but using it to crucify us, or even worse. Losing a job isn’t that horrible, but what happens when national newspapers start exposing our private thoughts and the government uses it to prosecute us? One thing Americans loved about this country was our privacy. Do we no longer cherish that? Freedom of speech has been gone for years, now they’re after our private thoughts. I hope you guys are aware what’s really going on here.

  7. It is what it is but the league has some nerve pumping their chest with this as if they are some bastion of morality after the disastrous handling of the Watson situation.

  8. gmjoe says: “Cell phones are the cause of most of the worlds problems these days”

    We beg to differ –
    Social media, Guns, Alcohol, Government….

  9. I’m willing to bet that there are many others like Gruden. They just haven’t been caught.

  10. Our we no longer upset that Big Brother is not only watching and listening, but using it to crucify us …

    *******************************************

    This situation has nothing to do with Big Brother, which is symbolic of a big over-reaching government. This is a private matter between a business and an individual.

    If an individual wishes to keep private thoughts private, don’t put these thoughts in an email & send them to someone else whose email address belongs to his employer, not himself.

    It’s really not that hard.

  11. I call BS. If that were true the NFL would of leaked those and not made themselves look stupid by leaking emails he sent while he wasn’t an employee of anyone in the NFL.

  12. “It is what it is but the league has some nerve pumping their chest with this as if they are some bastion of morality after the disastrous handling of the Watson situation.”

    Bingo. It’s more than likely now that if Gruden wins his case against the NFL that he’ll never coach in the league again. And over some stupid emails that an apology and maybe a suspension would have sufficed as punishment. Meanwhile……………..Watson gets an 11 game suspension for what most people would say was a far worse case.

  13. It always amazes me what people put in emails. I remember there was a huge scandal at Sony a few years back. I am not law or tech savvy but I write every email as if it will be made public and so do most of the people I know.

  14. He was the same guy. Of course he was sending the same stupid emails when he was with the Raiders. Based on his public persona, I wasn’t surprised regarding the emails that went public before and I wouldn’t be surprised about any emails that come to light now. He doesn’t pretend to be some nice, quiet, politically correct person. He’s a loud, outspoken megalomaniac. I have no doubt he says idiotic things all the time and everyone that has worked with him would have known it. I am sure people just accepted him for what he was because he was a very smart football guy and a Super Bowl winning coach.

  15. dalec58 says:
    August 24, 2022 at 10:55 am
    Release all coaches emails and you’ll find out Gruden is not the exception in the NFL

    ———

    I agree that many coaches are similar. However, I do think you would find that some coaches are smart enough to keep their emails professional, knowing they live in a fishbowl.

  16. Bery interesting! I was wondering if the emails he sent after being with the raiders were as caustic or more opinionated and watered down as in Jon new to cool it once under the wing of the NFL.
    That we don’t know.
    I mean if your the coach of anything and send the commish a nasty doesnt the commish call your boss, ask for a meeting and sit down and discuss this. I mean if I am truely pissed about something I do have a right to complain. Apparently the NFL doesnt’t think so and goes to court rather then resolve the issue.

  17. The Raiders are free of this now — and forced him to resign immediately. They are getting rid of any lingering energy from bad draft choices. New Team President – first African American female in NFL history — new coach and GM. Fresh start.

  18. We’ve all sent emails that could get us fired if someone really wanted to. Who cares.

  19. I wonder if football fans see the big picture here. The Washington Post publicized “leaked” emails. It makes no difference what people think of Gruden. Personally I think he’s a blow hard. But are we all ok with our emails being used against us? Our we no longer upset that Big Brother is not only watching and listening, but using it to crucify us, or even worse. Losing a job isn’t that horrible, but what happens when national newspapers start exposing our private thoughts and the government uses it to prosecute us? One thing Americans loved about this country was our privacy. Do we no longer cherish that? Freedom of speech has been gone for years, now they’re after our private thoughts. I hope you guys are aware what’s really going on here.
    —————————————————————————————
    This is not what happened here. The government had nothing to do with this, it’s not a freedom of speech issue. The Raiders fired Gruden, he wasn’t arrested. Things you write in work emails are not private thoughts.

  20. None of this matters now. NOBODY should be fired from their jobs over words. The man said he was sorry the End.

  21. Anyone with a brain knew this, but I’ll just let the people who thought there was nothing wrong with it in the first place keep revealing themselves defending this clown. The NFL is in the wrong most of the time, but this wasn’t one of them.

  22. Here we go again with the “ secret, rigged kangaroo court”. You make it sound like the NFL is unilaterally forcing this on players and coaches when in fact BOTh parties agreed to this process to resolve disputes. Why continue to characterize it this way? If nothing else it should be the NFL-NFLPA secret rigged kangaroo court.

  23. theoriginalsurferbob says:
    August 24, 2022 at 10:38 am
    I wonder if football fans see the big picture here. The Washington Post publicized “leaked” emails. It makes no difference what people think of Gruden. Personally I think he’s a blow hard. But are we all ok with our emails being used against us? Our we no longer upset that Big Brother is not only watching and listening, but using it to crucify us, or even worse. Losing a job isn’t that horrible, but what happens when national newspapers start exposing our private thoughts and the government uses it to prosecute us? One thing Americans loved about this country was our privacy. Do we no longer cherish that? Freedom of speech has been gone for years, now they’re after our private thoughts. I hope you guys are aware what’s really going on here.
    ____________

    Big Brother has nothing to do with this. Gruden was fired by his employer, there are no free speech rights in such a situation. The thoughts expressed in an email to another person are not private.

  24. curtis20 says:
    August 24, 2022 at 11:48 am
    None of this matters now. NOBODY should be fired from their jobs over words. The man said he was sorry the End.

    ________________________________

    Words full of hate? Sorry doesn’t cut it. He deserved to be fired and so does anyone else who speaks that way, in my opinion.

  25. Quite a coincidence that the NFL doubles down on Gruden after a story comes out saying that Gruden killed a deal for Brady that would be considered tampering. This whole thing gets more rotten the more that is known.

  26. curtis20 says:
    August 24, 2022 at 11:48 am
    None of this matters now. NOBODY should be fired from their jobs over words. The man said he was sorry the End.
    ____________

    Apparently you do not believe in polite society. There are plenty of things that a person should not say at work, and plenty of things a person can get fired for saying. For example, you cannot utter a string of obscenities all day long. You cannot make crass sexual remarks and derogatory racial remarks to co-workers.

    You also cannot simply say “I apologize” at the end of day, then come back the next day and repeat the cycle. Saying that you are sorry does not absolve you of responsibility for your actions.

  27. 21 years coaching in college and pro football.

    Why aren’t players coming out by the dozen outing this guy? Especially in this “me too” era?

  28. Not to excuse him, but why do we have to snoop and surveil everyone? Where does it end?

  29. The league’s hopes of forcing this case into arbitration are slim. They’d be better off just cutting Gruden a check and ending this. It’s been an expensive PR fiasco for the league.

  30. lcoseer says:
    August 24, 2022 at 3:26 pm

    The league’s hopes of forcing this case into arbitration are slim. They’d be better off just cutting Gruden a check and ending this. It’s been an expensive PR fiasco for the league.
    ———-

    To most NFL fans Gruden was fired because he wrote emails that would get them fired from their jobs, so he gets little sympathy. Admitting that he sent them then suing over who released them just makes things worse for him in the public eye. People don’t care where, how, when, or if Gruden’s suit is resolved.

    In other words, most people see Gruden as the bad guy, so it’s not much of a PR fiasco for the NFL.

  31. I never understood why he became so popular on ESPN. Seeing video of how he treated his QBs when he was the TB HC was enough for me. If he treated people like that on camera, what does he do off camera. We now know.

  32. I think Gruden is a horrible person and I have thought that for long before the email thing happened, but I’m sure that lots of people have emails on those servers that are just as bad as Jon’s considering it belongs to Dan Snyder. Even if Gruden sent more crude emails after he was coach of the Raiders, I’m sure that “whoever” leaked them cud have taken down more people than just Gruden. I really hope they don’t get this into arbitration and there is a way to get to see those other emails on the server because even tho Gruden deserved what happened to him, i’m sure there are other people who deserve the same thing that have emails on those servers

Leave a Reply

You must be logged in to leave a comment. Not a member? Register now!

This site uses Akismet to reduce spam. Learn how your comment data is processed.