Overview

• In a 5–2 decision, the court found the NFL Constitution’s arbitration provision unconscionable because it let Commissioner Roger Goodell rule on disputes involving his own conduct.
• The ruling sends Jon Gruden’s November 2021 lawsuit alleging the league leaked his offensive emails into Nevada’s public courts, overturning a prior three-judge panel order to arbitrate.
• Public litigation now threatens to expose internal materials from the NFL’s Washington Football Team investigation that the league has kept private.
• The NFL retains the option to petition the U.S. Supreme Court for review, although it has not indicated whether it will pursue that path.
• Gruden’s attorney, Adam Hosmer-Henner, said the decision vindicates his client and clears the way to hold the league accountable.