Overview

• The appeals court upheld Judge Valerie Caproni’s split ruling by rejecting the NFL’s bid to force Flores’ claims against the league and the Broncos, Giants and Texans into arbitration.
• Circuit Judge Jose A. Cabranes wrote that the league’s arbitration provision amounts to “arbitration in name only” by vesting unilateral power in Commissioner Roger Goodell.
• With arbitration blocked, Flores’ lawyers can seek emails, texts and sworn testimony during pretrial discovery that could expose internal hiring and promotion practices.
• NFL spokesperson Brian McCarthy said the league “respectfully disagrees” and intends to seek rehearing or appeal to the U.S. Supreme Court.
• The ruling follows a Nevada Supreme Court decision in Jon Gruden’s case that also struck down the NFL’s commissioner-led arbitration process, marking two recent judicial defeats for the league.