Overview

• A full seven-justice panel reversed an earlier decision by a 5-2 vote, finding that the NFL Constitution’s arbitration clause is unconscionable for former employees because it lets the commissioner arbitrate his own conduct and be amended without notice.
• The ruling focused solely on forum, leaving unresolved Gruden’s allegations that the NFL and Commissioner Roger Goodell orchestrated a leak of his 2011–2018 emails containing racist, misogynistic and homophobic language.
• Gruden is seeking monetary damages for lost coaching opportunities and endorsements after he resigned as Raiders coach in 2021 when the emails were published during the Washington Football Team investigation.
• The NFL has signaled its intent to request a rehearing in Nevada and may petition the U.S. Supreme Court, and if those efforts fail the case will return to district court for discovery and possible public trial.
• Observers say a public proceeding could expose internal NFL handling of sensitive materials and influence future challenges to broad arbitration clauses in employer agreements.