The Nevada Supreme Court said on Thursday that former NFL head coach Jon Gruden’s civil lawsuit against the league can go to trial. The court rejected the NFL’s latest appeal that the suit be settled in arbitration with a 7-0 ruling, opening the potential for league secrets to be aired out in a court of law.
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Will Gruden’s case against the NFL go to trial?
The last legal resort left for the NFL is an appeal to the United States Supreme Court, which ESPN reported is likely. The league can also seek an out-of-court settlement to avoid the discovery process.
Gruden resigned as head coach of the Las Vegas Raiders in 2021 after emails he sent to then-Washington General Manager Bruce Allen were leaked and published by The New York Times and The Wall Street Journal. Those emails contained racist, sexist and anti-gay comments directed at Commissioner Roger Goodell and other league personnel while Gruden was an on-air analyst at ESPN in 2011.
Gruden’s lawsuit accuses the league and Goodell of attempting to destroy his career and reputation through a “malicious and orchestrated campaign” aimed at getting him fired or forcing him to resign. He is seeking monetary damages on seven claims against the league.
Why does the NFL want to use arbitration?
The NFL has long employed a closed-door internal arbitration process to settle disputes and legal claims involving coaches, players and other current or former employees. Goodell or one of his designees is often the final arbitrator in most cases, including those involving the league as defendant.
The Nevada court said the arbitration process does not apply to Gruden, as he is not a current employee.
“By its own unambiguous language, the NFL Constitution no longer applies to Gruden,” the court said. “If the NFL Constitution were to bind former employees, the Commissioner could essentially pick and choose which disputes to arbitrate.”
Is there a precedent against the NFL’s arbitration process?
A similar legal ruling went in favor of former Miami Dolphins head coach Brian Flores in August. A federal appeals court ruled that Flores’ discrimination lawsuit against the NFL can proceed to trial, rather than being subject to league arbitration. The NFL asked the 2nd Circuit Court of Appeals for a full panel review of the case in response to the ruling. Flores is the current defensive coordinator for the Minnesota Vikings.
If the U.S. Supreme Court passes on the Gruden case, the league would have to face the former coach and “Monday Night Football” analyst in court, barring a settlement. That would open the door to discovery and on-the-record testimony from those involved. The NFL had no comment on Thursday’s ruling when asked by multiple media outlets.
What has Gruden said about the case?
Gruden did not comment on Thursday’s ruling either, but spoke to ESPN in August about the Nevada court’s initial ruling against league arbitration.
“I’m looking forward to having the truth come out, and I want to make sure what happened to me doesn’t happen to anyone else,” Gruden said. “What happened wasn’t right, and I’m glad the court didn’t let the NFL cover it up.”
Gruden has not coached in the NFL since he resigned from the Raiders. The 62-year-old recently expressed an interest in getting back into the coaching ranks, perhaps at the college level. He spent parts of 15 seasons in the NFL with the Raiders and Tampa Bay Buccaneers, where he won Super Bowl XXXVII.
He joined the New Orleans Saints as an adviser in 2023 and Barstool Sports as a commentator and analyst in 2024.
