The Nevada Supreme Court recently ruled in favor of the NFL in a case involving former Las Vegas Raiders coach Jon Gruden. The court determined that Gruden, despite being a former employee, was still subject to arbitration and therefore unable to sue the league for his termination in 2021.
Justices Elissa F. Cadish and Kristina Pickering have reversed a district court’s order that denied the NFL’s motion to force Gruden’s complaint into its arbitration process. The lower court has been instructed to grant the arbitration motion.
Justice Linda Marie Bell held a different viewpoint from the majority regarding the interpretation of the arbitration clause in the NFL Constitution. She sided with Gruden’s attorneys who asserted that the clause does not extend to former employees.
In her dissent, Bell expressed her disagreement with their conclusion, citing that the facts of this case do not provide sufficient evidence for the survival of the clause beyond Gruden’s employment.
In his lawsuit, Gruden alleges that the NFL and commissioner Roger Goodell deliberately leaked racist and misogynistic emails with the intention of tarnishing his reputation and ousting him as the Raiders’ coach in October 2021.
In November 2021, Gruden initiated legal proceedings following his resignation amid mounting pressure. The catalyst for his departure came when The Wall Street Journal and The New York Times published a series of emails from over ten years ago. These emails were uncovered during the NFL’s inquiry into Daniel Snyder, the former owner of the Washington Commanders.
In a statement to ESPN last year, Gruden expressed his frustration with the league, stating that they attempted to end his career by selecting specific emails from years ago, even before he became a coach. In response, the NFL spokesman, Brian McCarthy, clarified that the offensive emails were not leaked by the league or the commissioner.
The NFL has been arguing in court to dismiss Gruden’s claim, contending that his contract with the Raiders included a clause that mandated him to submit his claim through league arbitration.
According to Gruden’s attorney Adam Hosmer-Henner, he argued that arbitration would be unfair to his client since Gruden is no longer a league employee. He stated that the arbitration process, which is controlled by the NFL and ensures that any discovery remains private, would not provide a fair platform for Gruden’s case.
Gruden, Hosmer-Henner, and an NFL spokesman were unavailable for comment on Tuesday.