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Flores Asks 2nd Circuit To Scrap NFL Arbitration as Plaintiffs Allege Stalled Proceedings

The request relies on an August appellate decision that found commissioner-run arbitration unfair.

Overview

  • Attorneys for Brian Flores, Steve Wilks, and Ray Horton filed for reconsideration with the 2nd U.S. Circuit to overturn a 2023 order that sent parts of their case into NFL arbitration.
  • The filing argues the August panel ruling constitutes controlling law limiting the use of commissioner- or designee-led arbitration in disputes involving the league.
  • Plaintiffs say NFL-appointed arbitrator Peter C. Harvey has issued no decisions or communications since initial briefing in December 2024, leaving the matter at a standstill.
  • They also raise undisclosed potential conflicts tied to Harvey’s NFL diversity committee role and past league work, noting requests for disclosures went unanswered after counsel said they were not required.
  • Some claims against the Broncos, Giants, and Texans continue in federal court, and Flores’ attorneys note the NFL intends to seek en banc review of the appellate panel decision.