ON BACKGROUND
The Court ruled today, in Flores et al. v. NFL et al., that all the plaintiffs-coaches’ respective claims that had previously been compelled to arbitration can now proceed in open court. Previously, the court had ruled that certain specific claims (Flores-Dolphins, Wilks-Cardinals and Horton-Titans) had to proceed in arbitration. Based on the Second Circuit’s decision last year holding that the Commissioner-based arbitration system was unlawful, that decision was reversed, clearing the path to all the claims in the case proceeding in open court rather than in closed-door arbitration.
This decision stems from the U.S. Court of Appeals for the Second Circuit’s 2025 ruling that denied arbitration based on the NFL’s demand that NFL Commissioner Roger Goodell control the process. The judge assessed that the Defendants’ proposed arbitral solution “does not provide a forum in which Plaintiffs can effectively vindicate their rights” and has granted Wigdor’s Motion for Reconsideration.
ON RECORD (for publication and attribution)
Quote from Douglas H. Wigdor (Partner, Wigdor LLP) and David E. Gottlieb (Partner, Wigdor LLP):
“The court’s decision recognizes that an arbitration forum in which the defendant’s own chief executive gets to decide the case would strip employees of their rights under the law. It is long overdue for the NFL to recognize this and finally provide a fair, neutral and transparent forum for these issues to be addressed.”
The full decision may be found here, and you may read more about the case here.