Judge inches toward ruling on whether claims in Brian Flores lawsuit must go to arbitration

USA TODAY Sports

More than twelve and a half months since Vikings defensive coordinator Brian Flores filed a landmark racial discrimination lawsuit against the league, the litigation remains stuck at square one.

The NFL wants the claims of all three plaintiffs (Flores, Steve Wilks, and Ray Horton) to be resolved in arbitration ultimately controlled by Commissioner Roger Goodell. The coaches want the cases to stay in court.

On Thursday, the lawyers representing the coaches filed paperwork on a very specific and esoteric question.

PFT has reviewed the six-page submission. It arises from the question of whether the Commissioner’s authority includes the threshold question of deciding whether the claims made by Wilks should be resolved in arbitration or in court.

As we understand it, only the contract between Wilks and the Cardinals includes specific language delegating to Goodell the power to determine whether the claims should be sent to arbitration or to court. The lawyers representing the coaches argue that the NFL and the Cardinals have waived the argument by not raising it previously.

In fact, the NFL and the Cardinals didn’t raise it at all. The presiding judge noticed it, and the presiding judge asked the parties to submit paperwork explaining their positions on the issue.

The broader question is whether Goodell has a clear and obvious bias that prevents him from fairly administering justice when it involves the various teams that have hired him and that continue to pay him many millions per year.

OF COURSE the bias is clear and obvious. It’s amazing it has taken this long for someone to fight the bias so aggressively in court, and it’s even more amazing that the media and fans aren’t collectively shouting down any effort by the NFL to suggest that Goodell is capable of being completely fair and neutral.

He can’t be. He shouldn’t want to try to be. The only logical conclusion is that he and those who pay him desperately want the deck to be stacked in their favor.

Indeed, if they didn’t, they wouldn’t be fighting so damn hard to make it that way.

At some point, hopefully sooner than later, the judge will make a decision. Our guess is that it will be a mixed bag, with some of the claims pending against the NFL and the Broncos, Texans, Dolphins, Titans, Cardinals, and Giants sent to arbitration and some remaining in court.

14 responses to “Judge inches toward ruling on whether claims in Brian Flores lawsuit must go to arbitration

  1. The NFL always wins at the appellate level so it won’t matter what this district court judge does. Flores and Wilkes are going down the same path as Favre. Flores lied about the Broncos interview and he will be called out on that under oath. The NFL cleared Ross for tanking and he will be called out on that too and any other lies he told. He better be careful not to perjure himself.

  2. I think Donna Kelce should be the NFL’s arbitrator. She’s proven she can be a neutral party.

  3. The suit against Miami is such a joke. They were mean to Flores and fired him as quickly as they could when he wouldn’t tank the season. Those 2 years couldn’t come quickly enough for Ross…

  4. Would be nice to see the NFL lose some of these suits but let’s be realistic here, money talks and the rich win.

  5. nfl1920 says:
    February 16, 2023 at 8:14 pm
    The NFL always wins at the appellate level so it won’t matter what this district court judge does. Flores and Wilkes are going down the same path as Favre. Flores lied about the Broncos interview and he will be called out on that under oath. The NFL cleared Ross for tanking and he will be called out on that too and any other lies he told. He better be careful not to perjure himself.

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    You go right ahead thinking that the NFL is some bastion of integrity and honesty but here on earth they are not. Ross got excessively punished for “tampering” so Flores was telling the truth about that even according to the NFL. They also said Ross was “joking” when he offered Flores money to illegally tank games. If you believe that then you will fall for anything. Nobody ever explained away the Giants sham interview and no neutral party ever explained the Broncos part of this. If the NFL truly thought Flores would perjure himself why are they so scared of open court?

  6. And ten years from now, we will enjoy reporting on closing arguments in federal appeals court in the first half of this case. The remainder of the claims will be awaiting resolution of various motions 8n district court.

  7. “OF COURSE the bias is clear and obvious” The flaw in this legal reasoning is that Flores (who I think is probably right) agreed to the contract terms when he signed (and I am sure he had a lawyer too to review). Many contracts have built-in bias towards one side, its the nature of uneven bargaining power. The world isn’t fair, and no one forced Flores to agree to these one sided terms.

  8. I would prefer this goes to the courts. Simply because we cant trust Goodell, ever.

  9. “The broader question is whether Goodell has a clear and obvious bias that prevents him from fairly administering justice when it involves the various teams that have hired him and that continue to pay him many millions per year.”
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    Hasn’t this ship sailed already? The fact the majority of fans still condone it is what really needs an answer.

  10. Hopefully the judge does what the contracts and agreements say and sends it to arbitration. That way this joke of a lawsuit can be handled and disappear.

  11. This is simply a money grab by a person who knows how to use the media to his advantage and use the race card at the same time. I seriously hope Flores loses in court.

  12. nfl1920 says:
    February 16, 2023 at 8:14 pm
    .. The NFL cleared Ross for tanking and he will be called out on that too and any other lies he told. He better be careful not to perjure himself.
    ——————————————————————————————
    Did you really think the NFL was ever going to admit a team tanked even if it happened?

  13. nfl1920 says:
    February 16, 2023 at 8:14 pm
    The NFL always wins at the appellate level so it won’t matter what this district court judge does. Flores and Wilkes are going down the same path as Favre. Flores lied about the Broncos interview and he will be called out on that under oath. The NFL cleared Ross for tanking and he will be called out on that too and any other lies he told. He better be careful not to perjure himself.
    ================
    Understanding of course the NFL has done very little to make fans think any of their investigations are anything but legitimate. But your point about the NFL winning at the appellate level is accurate. Which is why their investigations are largely immaterial to anything at all. Goodell perjured himself with the Deflategate debacle. If he can get away with it I fail so why somebody else couldn’t as well.

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