Vikings defensive coordinator Brian Flores* recently amended his lawsuit against the NFL and six of its teams to include a Title VII claim, and now he has amended it again. Per Daniel Kaplan of Front Office Sports, Flores has added a new retaliation count.
The nature of the allegation is presently unclear, but based on the NFL’s response, it appears Flores is arguing the league’s effort to enforce the arbitration provisions in its contracts is itself retaliatory. If that’s the case, sports attorney Chris Deubert tells Kaplan it “makes no sense,” and Mike Florio of Pro Football Talk concedes it will be difficult to prove.
Nonetheless, Flores has scored a series of key wins in this long-running saga, and he is striking while the iron is hot. The trial court has allowed his claims against all six teams (the Giants, Broncos, Texans, Dolphins, Titans, and Cardinals) to proceed to trial rather than remain in the NFL’s arbitration system, and the trial court has also allowed the case to move forward as normal even as the NFL seeks United States Supreme Court review of that issue.
Allowing the case to move forward includes lifting the stay on discovery, so in addition to the amended complaint, Flores has subpoenaed 31 of the NFL’s 32 teams, as Kaplan details (presumably, only the Vikings have not been subpoenaed). ESPN’s Kris Rhim adds Flores has served more than 1,000 discovery requests, which the league has argued are punishingly overbroad.
“They’re obviously going scorched-earth,” Deubert said. “Presuming he’s asking about their employment hiring practices and policies, and even that can be difficult to just to respond to. … But those teams are probably going to object to the subpoenas, probably collectively through the league-friendly counsel, and say it’s not relevant, and there’ll be an interesting sort of fight there.”
The defendants will file a motion to dismiss in response to the latest amended complaint. As Rhim notes, the deadline for that is June 5. Pretrial briefs are due in late July/early August. A trial date likely will not be set until after the court rules on the motions to dismiss.
*Steve Wilks and Ray Horton are co-plaintiffs in this action, but for ease of reading, we will simply use Flores’ name when referring to the plaintiffs’ side of this matter.
Yes, of course the Texans are guilty of discrimination. When’s the last time they had a white head coach? Shameful
I wonder how many times a person has sued their employers and it worked out well in the long run? The phrase ” Bite the hand that feeds you” Jump out at anyone? Bite it long enough and hard enough and it will bite back.
‘…Flores has subpoenaed 31 of the NFL’s 32 teams, as Kaplan details (presumably, only the Vikings have not been subpoenaed)…’ Novel idea don’t sue your current employer! But he wonders why he doesn’t get more interviews.