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Supreme Court Declines NFL Appeal, Flores Discrimination Suit Can Proceed in Court

The decision preserves a Second Circuit finding that commissioner-led arbitration is unenforceable and clears the way for public discovery into the league’s hiring practices.

Overview

  • The Supreme Court refused to hear the NFL’s appeal on May 26, leaving the Second Circuit ruling intact that blocks commissioner-led arbitration for Flores’s discrimination claims.
  • Flores’s team filed a third amended complaint on May 19 and served subpoenas on 25 NFL clubs along with more than 1,000 discovery requests seeking internal hiring records and communications.
  • U.S. District Judge Valerie Caproni set an expedited schedule that requires the NFL to file any motion to dismiss by June 5 and frames an early fight over the scope of leaguewide discovery.
  • The Second Circuit said the NFL Constitution’s provision giving Commissioner Roger Goodell unilateral arbitration control was ‘plainly unenforceable’ because it denied neutral dispute resolution.
  • If broad discovery is allowed the case could force teams to produce internal hiring details, raise new pressure on the Rooney Rule and league policies, and increase the chances of either a public trial or a high-value settlement.