Overview

• All seven justices denied the NFL’s rehearing bid on Oct. 2, leaving in place the decision that Gruden cannot be compelled into league-run arbitration.
• In August, the court ruled 5–2 that the NFL Constitution’s arbitration clause does not bind Gruden as a former employee and is unconscionable with the commissioner overseeing disputes about his own conduct.
• The case now returns to Clark County District Court before Judge Nancy Allf for further proceedings that could include discovery and pretrial motions.
• ESPN reports the NFL’s remaining option is a petition to the U.S. Supreme Court, which sources say is likely, and the league declined to comment.
• Gruden sued in 2021 alleging the NFL and Roger Goodell leaked emails he sent while at ESPN, resigned after WSJ and NYT reports, seeks damages over lost contract and endorsements, and the league denies leaking and says any disclosures were not unlawful.