Judge compels arbitration of some, not all, claims in the Brian Flores case

Pittsburgh Steelers v Miami Dolphins
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Thirteen months to the day after the filing of a landmark racial discrimination case by former Dolphins coach Brian Flores, it’s finally known where the claims will be resolved.

Pending appeal, that is.

Judge Valerie Caproni, in a 30-page ruling issued on Wednesday, decided that some of the claims will be resolved by the NFL’s in-house arbitration process, and that some will be resolved in court.

She referred the claim Flores made against the Dolphins to arbitration, based on the terms of his contract with the team. However, Flores will be permitted to pursue in court his claims against the Broncos, Giants, Texans, and his “related claims against the NFL.” Flores was never employed by those teams, and he is therefore not required to arbitrate his claims against those teams.

The claims against the Broncos and Giants arise from the notion that he received a “sham” interview for vacancies in both cities. His claim against the Texans arises from the argument that he wasn’t hired in retaliation for the filing of his lawsuit.

The claims made by Steve Wilks against the Cardinals and Ray Horton against the Titans will proceed to arbitration, because both coaches were employed by their respective teams. Wilks was fired by Arizona after one year, and Horton was passed over for the head-coaching job in Tennessee at a time when he was serving as the team’s defensive coordinator.

All parties will have appeal rights, and that could serve to delay the case even longer. For now, Judge Caproni has set a pretrial conference for March 24, at which various dates and deadlines for the litigation will be set.

It would be a surprise if the NFL doesn’t exercise its appeal rights. Even if it loses, the appeal process delays indefinitely the discovery phase of the case, during which owners and other key witnesses (including Commissioner Roger Goodell) would be questioned aggressively under oath in a case that, as Judge Caproni’s ruling says in the opening sentence, “shines an unflattering spotlight on the employment practices of National Football League teams.”

18 responses to “Judge compels arbitration of some, not all, claims in the Brian Flores case

  1. Funny how a league with so many black players has so few black coaches.

  2. How do you legally prove a “sham” interview without someone else corroborating it was a “sham”. This is why they say anyone can sue for anything and why the courts are so backed up. Lawyers should be held liable for bringing “sham” cases to the court and wasting time and money. Flores is a joke

  3. He is a classic example of a black man not getting the same opportunities as white men in the league.
    Teams can talk all day that they want the best, but the hiring practices show otherwise.
    Failed white coaches keep getting additional opportunities get fired.

    And now cue all the people who are going to claim racism is over in this country. They are going to believe what is convenient for them to believe. I suspect the people bashing Flores will be huge fans of Dilbert.

  4. The judge’s ruling makes sense to me. Everyone knows sham interviews have happened. I don’t think Flores was treated unfairly, but the nfl should have to answer for sham, meet the quota interviews.

  5. Funny how a league with so many black players has so few black coaches.
    —-
    Well, as to the players, we are allowed to say it’s merit based. As to the coaches, well….we aren’t. Funny how that works.

  6. Wilkes and flores still both have very good nfl jobs they never fell down or were not hired. Several coaches get fired often times even with winning records and even if undeserved.

  7. Chris Simms Doobie says:
    March 1, 2023 at 6:55 pm
    Funny how a league with so many black players has so few black coaches.
    —————————————————–
    Nothing funny nor surprising given that the factors that make for a great player are different than those that make a great head coach. Many successful players go on to mediocre or worse coaching careers while many successful head coaches have never played in the NFL.

  8. Didn’t Tomlin knock out the Steelers interview originally? He was a six year NFL position coach and a one year defensive coordinator. He was a surprise, and he’s done well. Bringing in failed coaches, regardless of color, is silly, it will only water down the original intent.

  9. If you are a minority looking to coach in the NFL, it’s a given that any interview you participate in is possibly a sham interview to conform with the Rooney Rule. Non-minorities are never subjected to sham interviews in the NFL.

  10. It’s absolutely ridiculous that there aren’t more African American head coaches in the NFL, but Brian Flores’ situation had nothing to do with the color of his skin. The guy is a jerk and can’t attract good coordinators and position coaches because of his arrogant, abrasive personality. There were rumblings coming from the local South Florida media that he wasn’t well liked by anyone in the organization and that he didn’t communicate with members of his coaching staff for numerous weeks at the end of his last season in Miami. Former Sun Sentinel Dolphins beat writer Omar Kelly called him a (D word) and Omar is very sensitive about racism, so he’s not going to trash a fellow brother if he doesn’t deserve it. Flores is a great defensive mind and maybe someday he will get another chance, but he needs to work on his reputation of being difficult to work with. I still wish him the best. The whole “tank and get paid” is something I respect him for not doing.

  11. NFL better hope they is a similar situation when it goes to Federal Court because if there is NOT. The Administrative Judge will be forcing the NFL to settle $$$

  12. AndyB says:
    March 1, 2023 at 7:30 pm

    many successful head coaches have never played in the NFL.

    ———————————————————————-

    MOST successful head coaches have never played in the NFL.

    Fixed it for you.

  13. stilladolphinfan says:
    March 1, 2023 at 6:56 pm
    How do you legally prove a “sham” interview without someone else corroborating it was a “sham”. This is why they say anyone can sue for anything and why the courts are so backed up. Lawyers should be held liable for bringing “sham” cases to the court and wasting time and money. Flores is a joke

    =========================
    =============================

    When you let it be known that you hired someone else while still conducting sham interviews like the giants did. There is a reason the NFL wants corrupt Gooddell presiding over this case instead of a real judge

  14. So instead of compelling discovery from 32 teams and the NFL, they get discovery from 3 teams and the NFL. The league is stilled screwed. The last thing they want is public exposure of their emails and text messages.

  15. Um, your honor, please see arbitration, Snyder vs Washington minority owners. Not just biased, but a criminal cover-up.

  16. Flores had more loses than wins and got fired because of that. Win and you stay lose and guess what? Your out.

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