Court allows Brian Flores's case to proceed in court, not arbitration (1 Viewer)

[fatness]

Couldn't find another topic on the Brian Flores lawsuit, and there's a significant update.

Court agrees Flores' suit vs. NFL can go to trial

The NFL can be put on trial over civil claims that Brian Flores and other Black coaches face discrimination, a federal appeals court ruled Thursday.

www.espn.com

The NFL can be put on trial over civil claims that Brian Flores and other Black coaches face discrimination, a federal appeals court ruled Thursday, finding insurmountable flaws with a league arbitration process that would permit commissioner Roger Goodell to serve as arbitrator.

The 2nd U.S. Circuit Court of Appeals in Manhattan upheld Judge Valerie Caproni's ruling that Flores can proceed with claims against the league and three teams: the Denver Broncos, New York Giants and Houston Texans. In a decision written by Circuit Judge Jose A. Cabranes, the appeals court said the NFL's rules forcing Flores to submit his claims to arbitration before Goodell do not have the protection of the Federal Arbitration Act because they provide for "arbitration in name only." The 2nd Circuit said the NFL constitution's arbitration provision "contractually provides for no independent arbitral forum, no bilateral dispute resolution, and no procedure." "Instead, it offends basic presumptions of our arbitration jurisprudence" by forcing claims to be decided by the NFL's "principal executive officer," the appeals court said.

Regardless of who prevails in the case, allowing Goodell to arbitrate a claim against the NFL would just be a sham.

 

[Bri]

Goodell has been the arbitrator for years. I wonder if anything gets re-tried

 

[fatness]

Goodell has been the arbitrator for years. I wonder if anything gets re-tried

I'm assuming you mean if he wins at the appeals court level? And on whether an appeals court ruling in favor of Flores only applies to Flores, or applies to all NFL employees.

 

[Bri]

Goodell has been the arbitrator for years. I wonder if anything gets re-tried

I'm assuming you mean if he wins at the appeals court level? And on whether an appeals court ruling in favor of Flores only applies to Flores, or applies to all NFL employees.

I don't know how it works.
The way I understand it is if a court rules some policy or rule is unfair/not good, then people can contest things that happened previously.
I don't really know