There’s a flag on the play. Professional sports is merit-based. Their highly competitive nature requires teams to retain only the most highly skilled players. Failure to do so will be apparent in the team’s win-loss record. ...more
Arbitration evaders, take note. In February 2022, coach Brian Flores filed a press-grabbing lawsuit accusing the National Football League and its clubs of racially discriminatory hiring practices, the Miami Dolphins of...more
The CBA controls.
EDITOR’S NOTE: A version of this post was previously published as an article in Hackney Publications’ Sports Litigation Alert.
A federal court in California has granted a motion by the National...more
Sometimes "irrationality" can be rational.
It is obvious that players in the National Football League face significant risks to their health in playing professional football. The nature and probabilities of those risks has...more
Safety isn't always first.
Mike Rowe, the host of the popular television show “Dirty Jobs,” used to joke about employees in hazardous jobs saying “safety first.” In his opinion, that was never true – or they would not be...more
Here’s the rundown on the likely candidates.
The NFL Players Association’s Board of Player Representatives will reportedly be meeting in June to consider and potentially vote on a new Executive Director to replace...more
Can you grieve a tort claim?
Briefing was recently completed in a case between a pro football player and the National Football League that could have ramifications for the resolution of future player-league...more
That's a good thing.
On April 1, the National Basketball Association and National Basketball Players Association announced that they had reached an agreement on a new collective bargaining agreement. The new deal, which...more
Who can negotiate on his behalf?
Baltimore Ravens quarterback Lamar Jackson is one of the most skilled and exciting players in the National Football League. In 2019, he threw for 36 touchdowns and ran for seven more on his...more
Where does the case go from here?
On March 1, a federal judge in New York issued a split decision in a class action lawsuit brought by three Black coaches against the National Football League and certain clubs, alleging a...more
The court punted.
On November 21, a federal judge in New Jersey dismissed a lawsuit by former New York Jet Rontez Miles against the National Football League. Mr. Miles had asserted claims for negligence, and violations of...more
The precedents conflict.
On November 15, Denver Broncos linebacker Aaron Patrick sued the National Football League, ESPN, the Los Angeles Chargers, the entities that own and operate SoFi Stadium, and others, in California...more
The league failed to address bad precedent.
On August 1, retired federal judge Sue L. Robinson, acting as arbitrator pursuant to the collective bargaining agreement between the National Football League and the National...more
Here is the arbitration language at issue in the Flores litigation.
Flores-Dolphins 2019 Agreement:
Employee and the Club agree that all matters in dispute between Employee and the Club, including, without limitation,...more
Will a federal judge in New York reach a different conclusion?
In two recent posts, I discussed a Nevada state court’s denial of a motion by the National Football League to compel arbitration of a lawsuit brought by...more
Did the NFL drop the ball with Jon Gruden?
Last week, I posted about the unsuccessful motion of the National Football League to compel Jon Gruden, former head coach of the Las Vegas Raiders, to arbitrate his claims in a...more
NFL says it will appeal.
In October 2021, Las Vegas Raiders head coach Jon Gruden was forced to resign after the revelation of emails in which he made racist, sexist, and other unprofessional comments. ...more