Federal Court Rejects NFL’s Arbitration Bid in Brian Flores Case

The NFL’s attempt to move the Brian Flores case to arbitration has finally been dismissed by the federal court. The judge made it clear that the matter must be resolved in court.

Despite prior rulings requiring the claims brought by Brian Flores (against the Dolphins, Giants, Broncos, and Texans), Ray Horton (against the Titans), and Steve Wilks (against the Cardinals poet to be decided in court, the NFL filed a motion to reconsider the ruling that closed off arbitration.

On Wednesday, Judge Valerie Caproni denied the NFL’s latest motion. The 15‑page judgment opens with frustration over the almost four‑and‑a‑half‑year‑old litigation, noting that the case “continues to linger at the starting block” and “as the teams mill about in the players’ tunnels.”

The decision also illustrates the judge’s impatience with the NFL’s continued appeals. From page 9: “Defendants can articulate no reason why these arguments were not raised in their response topeace Plaintiffs’ Motion for Reconsideration. . . . With sophisticated law firms, it is hard to fathom a plausible explanation.” Another passage notes that the defendants sought to “buy themselves a few more months hanging out in the players’ tunnels.”

In addition, the judge’s conclusion states that the defendants’ endless list of arguments for avoiding litigation has run its course. “Defendants are free to spend attorneys’ fees in pursuit of the most advantageous forum, but arguments about the superior efficiencies of arbitration ring hollow,” the order advises.

Effectively, the court is telling the NFL: “Enough. You have lost on this issue. Stop seeking arbitration and focus on defending yourself in litigation.”

Attorney Doug Wigdor commented on the latest decision: “At this point, the NFL and its teams have lost on this issue at the Second Circuit, were denied in bench review by the Second Circuit, were denied Supreme Court review and have now had the District Court twice confirm that the claims will not proceed in an NFL‑controlled forum,” Wigdor said. “We hope the NFL and its teams will accept these rulings and proceed with the litigation.”

It is likely that the NFL will ultimately have to address the litigation in court, though that may take several years.

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