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“Gruden-vs-NFL Lawsuit”
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Disposed-disgraced former Raiders-Tampa Bay coach Jon Gruden, will have his day in court, maybe the Supreme Court, in his lawsuit against NFL Commissioner Roger Goodell, dating back to his firing as the Raiders head coach.
Gruden got dragged into the mud-and-slime of the NFL’s forced eviction of then Washington Redskins owner Daniel Snyder, forced out for his ‘toxic workplace environment’
In the course of discovery, Emails were uncovered of critical Gruden comments about the league and Goodell, sent to his close friend, then Redskins GM-Bruce Allen.
The NFL forced the Raiders to fire Gruden, and the coach then sued the NFL and Goodell for leaking the Emails about racial issues and leadership issues in the NFL league office.
The NFL said any case with an employee had to go thru NFL arbitration, with the decision to be made bhy Goodell actng as Judge-Jury arbitrator. Gruden re-sued. The Nevada Supreme Court sided with him, with strong language directed at the NFL Commissioner.
Here is a summary of the Monday afternoon decision, for a firefight that is obviously not over, via NBC Sports.
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Jon Gruden made a Hail Mary pass in the Nevada Supreme Court. And it went for a touchdown.
In November 2021, Gruden sued the league and Commissioner Roger Goodell for leaking to multiple media outlets emails from the supposedly confidential investigation into the Washington franchise. Gruden contends that the leaks were calculated to force his ouster. And indeed they did.
He initially won before the trial court. After having the Nevada Supreme Court rule that his civil lawsuit must be resolved through arbitration, Gruden filed a motion for rehearing before the full court. First, they granted the request. Now, they have ruled in his favor.
In a 5-2 ruling, the Nevada Supreme Court has found that the arbitration clause contained in the NFL’s Constitution and Bylaws “is unconscionable and does not apply to Gruden as a former employee.”
The league primarily relied on the broad language of its constitution regarding the Commissioner’s power to have “full, complete, and final jurisdiction and authority to arbitrate . . . [a]ny dispute . . . that in the opinion of the Commissioner constitutes conduct detrimental to the best interests of the League or professional football.”
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In an eight-page decision, the Nevada Supreme Court found that the provision is unconcsionable because it “would allow Goodell, as Commissioner, to arbitrate disputes about his own conduct — exactly what is at issue here.” The Nevada Supreme Court then declared that the ability of Goodell to delegate the actual arbitration to another party does not matter.
The court further explained that the league’s power to alter its constitution whenever it wants makes the arbitration clause unconscionable.
Sepearately, the court refused to prevent Gruden from suing the league in court due to the presence of an arbitration clause in his contract with the Raiders.
The NFL did not immediately respond to a request for comment. Undoubtedly, the league will attempt to appeal the outcome to the United States Supreme Court; that’s what the league did when the Missouri Supreme Court found that the lawsuit regarding the relocation of the Rams could not be forced into arbitration.
If that happens, the case will continue to linger. The first question will be whether the Supreme Court will take up the case. If it does, the question becomes whether the league will disagree with the Nevada Supreme Court, forcing Gruden to arbitrate his claims.
As it relates to the quest for the truth, it’s important that the case be litigated in court. That’s how everyone will find out how and why someone weaponized the Washington emails against Gruden. And why, more importantly, the attack happened during the regular season — thereby undermining the integrity of the entire campaign, as to all 32 teams.
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