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Second Circuit Rejects NFL En Banc Bid, Leaving Key Flores Claims in Court

The ruling cements a path to public litigation against three teams, with Flores’s Dolphins claims continuing on an arbitration track.

Overview

  • The U.S. Court of Appeals for the Second Circuit denied the NFL’s request for full-court review of an August decision in Brian Flores’s discrimination case.
  • The August panel ruling keeps claims against the Giants, Broncos, and Texans in federal court, while sending Flores’s Dolphins-related claims to arbitration.
  • Flores, Steve Wilks, and Ray Horton have asked the trial court to reconsider arbitration directives, arguing the NFL-run process has been stalled since November 2024 and that the league’s appointed arbitrator shows bias.
  • The denial follows the Nevada Supreme Court’s refusal to rehear the NFL’s bid to push Jon Gruden’s case into arbitration, reflecting broader judicial skepticism of commissioner-controlled procedures.
  • The NFL declined to comment on the latest order, and more than three years after the suit was filed in 2022, the case has yet to reach the merits.