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Second Circuit Rules NFL’s Arbitration Clause Unenforceable in Brian Flores Case

The court found vesting final dispute authority in the commissioner violates the Federal Arbitration Act, clearing the way for Flores’s claims to proceed in open court.

Minnesota Vikings defensive coordinator Brian Flores stands on the field during an NFL football workout in Eagan
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Mark J. Rebilas-Imagn Images
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Overview

  • A three-judge panel held that the NFL constitution’s arbitration provision offers no independent forum and improperly empowers Commissioner Roger Goodell to decide disputes.
  • The ruling preserves Brian Flores’s racial bias claims against the league and the Denver Broncos, New York Giants and Houston Texans.
  • Should the NFL’s appeals fail, Flores can move into public discovery and depositions that may expose internal league communications on hiring practices and the Rooney Rule.
  • NFL spokesperson Brian McCarthy said the league “respectfully disagrees” and will seek rehearing in the Second Circuit before potentially petitioning the U.S. Supreme Court.
  • Following a similar Nevada Supreme Court decision in Jon Gruden’s case, the outcome could spur wider challenges to commissioner-led arbitration across professional sports.