Overview

• All seven justices signed the order denying the NFL’s rehearing bid, leaving intact the court’s 5-2 August finding that the NFL Constitution’s arbitration clause is unconscionable as applied to a former employee.
• The decision moves the case toward discovery and a potential public trial in Nevada, rather than private arbitration overseen by Commissioner Roger Goodell.
• Gruden’s 2021 lawsuit alleges the NFL and Goodell leaked years-old emails to damage his career; the courts have not ruled on whether any leak occurred.
• The emails, uncovered during the Washington Commanders inquiry and reported by the Wall Street Journal and the New York Times, contained racist, misogynistic and homophobic language and preceded Gruden’s resignation as Raiders coach.
• Gruden seeks monetary damages for lost coaching and endorsement opportunities, his attorney called the ruling pleasing, and the NFL declined comment as reports indicate the league is likely to seek U.S. Supreme Court review.