Overview

• An en banc Nevada Supreme Court reversed a May 2024 panel in a 5–2 decision, finding the NFL’s arbitration clause unconscionable as applied to former coach Jon Gruden.
• The majority cited two defects: allowing Commissioner Roger Goodell to arbitrate disputes over his own conduct and the league’s unilateral power to amend the clause without notice.
• With arbitration off the table, Gruden’s claims that the NFL orchestrated leaks of his racist and misogynistic emails will proceed in Nevada district court.
• Public litigation will enable discovery of internal NFL materials from the Washington Football Team probe, increasing pressure on the league toward settlement.
• The NFL may petition the U.S. Supreme Court for review, but if it declines the case will move forward under civil‐court procedures, where Gruden must prove his allegations.