Brian Flores’ Suit Allowed To Move Forward Despite Possible SCOTUS Review; Flores Amends Complaint
Brian Flores’ suit against the NFL and six of its clubs is inching forward; sort of. Although the league is presently attempting to secure United States Supreme Court review of the Second Circuit Court of Appeals’ decision that Flores’ claims against the Broncos, Giants, and Texans shall be heard in open court rather than remain in arbitration, the presiding trial court judge has denied the league’s request to stay the matter pending a SCOTUS resolution (per sports business reporter Daniel Kaplan). In other words, even as the “arbitration versus open forum” battle continues to play out, the underlying proceeding – which was filed over four years ago – has been allowed to continue into its next phases.
This represents another win for Flores, the current defensive coordinator of the Vikings, and co-plaintiffs Steve Wilks and Ray Horton. Successfully removing a lawsuit against the NFL from the hands of an NFL-appointed arbitrator and into the more objective purview of a trial court judge is obviously critical, and now the league will need to start defending the case on a more substantive level.
Of course, the NFL could still prevail on its last-ditch effort to keep the case in arbitration. In order for that to happen, however, SCOTUS would first need to grant the league’s pending petition to hear the appeal and would then need to rule in the league’s favor, both of which are far from sure things. According to Mike Florio of Pro Football Talk, a decision as to whether the highest court in the land will hear the appeal will be made within the next month or so (but that is only for the Broncos, Giants, and Texans portion of the suit; the league’s efforts to keep the Dolphins, Cardinals, and Titans portion of the claim in arbitration were denied more recently, and the NFL will likely try to obtain SCOTUS review of that decision as well).
This case has now officially evolved into a war on two fronts, and Flores & Co. have also made a potentially-significant addition to their request for relief. As Kaplan details, the plaintiffs are amending their complaint to include a count under Title VII of the 1964 Civil Rights Act, which banned discrimination on the basis of race, color, religion, sex, and national origin.
As sports attorney Chris Deubert explains, the Title VII count is significant because it allows a successful plaintiff to recover even if he cannot prove intent. Rather, recovery is still possible as long as the plaintiff can prove a policy that is race-neutral on its face has a discriminatory impact in practice.
The addition of the Title VII count was not made earlier in part because of the lengthy battle over the proper venue and in part because the plaintiffs had to receive a “right to sue” letter from the Equal Employment Opportunity Commission, which was not issued until June 2024. With hundreds of NFL head coaching hires having been made over the course of league history, Kaplan believes Flores will have a statistically-significant sample to draw from and will thus stand a good chance of prevailing on his “disparate impact” claim.
After interviewing for head coaching jobs with three different clubs this year, Flores will remain in Minnesota on a $6MM salary. That may make him the highest-paid coordinator in the league, but the former head coach of the Dolphins still wants another opportunity to run a team.
Brian Flores Lawsuit Will Bypass Arbitration, Proceed In Open Court
Score another legal victory for Brian Flores.
A federal judge in the Southern District of New York ruled that Flores’ discrimination lawsuit against the NFL will proceed through the U.S. public legal system, not the league’s private arbitration process, per ESPN’s Adam Schefter. Flores, later joined by Steve Wilks and Ray Horton, filed the lawsuit in 2022 alleging racial hiring practices within the NFL with claims against the league itself and multiple specific teams.
The NFL has long been trying to keep Flores’ suit out of open court and instead under the control of Peter Harvey, the arbitrator appointed by commissioner Roger Goodell. Several court rulings have gone against those efforts, with multiple judges pointing out the inherent issues with Harvey arbitrating the case while being employed by one of the parties.
Flores’ attorneys, Douglas Wigdor and David Gottlieb issued a statement on the decision (via ESPN): “The court’s decision recognizes that an arbitration forum in which the defendant’s own chief executive gets to decide the case would strip employees of their rights under the law. It is long overdue for the NFL to recognize this and finally provide a fair, neutral and transparent forum for these issues to be addressed.”
The next step in the legal process is a pretrial hearing, set for April 3. The NFL is also waiting to see if the Supreme Court will accept its petition to review lower court decisions regarding this issue of arbitration.
Flores’ lawsuit was already a landmark one for its attempt to confront suspect hiring practices that have persisted even after the institution and expansion of the Rooney Rule. But now, perhaps unintentionally so, it may have become much bigger.
The NFL has long used its own private arbitration process that unsurprisingly tends to favor the league in final decisions. Flores’ case threatens the validity and enforceability of that process. The court decisions that have already been made support the contention that the league should not be able to influence the arbitration of cases in which it has a vested interest. A Supreme Court ruling could establish firmer, long-term legal precedent, though they would have to accept the case for review, which is not a certainty.
Arbitration could also become a major issue in the next CBA negotiations between the NFL and the NFLPA. The union may be empowered by these rulings and attempt to restrict or eliminate the arbitration process, at least as they relate to players. NFL coaches do not currently have a union and would have to individually negotiate mandatory arbitration out of their contracts unless such language becomes legally prohibited.
Flores was not able to land a head coaching gig this offseason despite three excellent seasons in Minnesota. And despite receiving a mammoth $6MM salary on his new deal with the Vikings, he still wants to get another chance to be a head coach, per Essentially Sports’ Tony Pauline. Team owners may be cautious about hiring a coach with an open lawsuit against the league and multiple specific teams. Flores may have to wait until the legal process plays out, which could take years. But continued success with the Vikings defense could become too hard to ignore.
NFL’s Rehearing Request In Brian Flores Suit Denied
The NFL is currently reeling in its active, high-profile legal battles. In a post on X earlier this month, Wigdor LLP – one of the firms representing Vikings defensive coordinator Brian Flores in his class-action suit against the league and six of its teams – said the NFL’s petition for a rehearing of a recent Second Circuit Court of Appeals decision in Flores’ favor was denied.
In August, a three-judge panel of the Second Circuit affirmed a lower court holding that Flores’ claims against the league and three teams – the Broncos, Giants, and Texans – were allowed to proceed to court rather than remain in arbitration. The appellate court reasoned that Flores never signed contracts containing mandatory arbitration language with those clubs (the basis for his claims against those three outfits is that they allegedly conducted sham head coaching interviews to comply with the Rooney Rule). As such, the Defendants could not force those particular claims to arbitration.
The NFL subsequently sought a rehearing before the Second Circuit’s full 13-judge panel, but as noted by Wigdor LLP, that attempt was unsuccessful. It is unclear whether the league will appeal to the United States Supreme Court, but even if it does, the odds of any party securing a review before the highest court in the nation are quite slim.
So for now, Flores – whose suit includes as co-Plaintiffs current Jets defensive coordinator Steve Wilks and former NFL staffer Ray Horton, who worked as a DC for three different clubs – will have the opportunity to air a portion of his claims in the forum of an open court instead of the sheltered, league-friendly arbitration setting. The motion he recently filed in a renewed effort to remove his and his co-Plaintiffs’ claims against the Dolphins, Cardinals, and Titans from arbitration to open court is still pending.
This decision comes on the heels of another failed arbitration-related attempt on the league’s part. The Nevada Supreme Court recently held that former Bucs and Raiders head coach Jon Gruden’s suit against the NFL could proceed to open court, and the league’s motion to have a rehearing of that ruling was also denied.
Given these recent developments, there soon may be some substantive movement in both matters. Gruden’s suit was filed in November 2021, and Flores filed his action just a few months later, in February 2022. As of yet, however, neither proceeding has moved to a trial on the merits of the disputes.
Attorneys In Brian Flores Suit Renew Attempt To Remove Claims Against Dolphins, Cardinals, And Titans From Arbitration
Vikings defensive coordinator Brian Flores is going back on the offensive in his class-action suit against the NFL and six of its teams. Per Daniel Kaplan of Front Office Sports, Flores and other members of the class allege that Peter Harvey, the arbitrator whom commissioner Roger Goodell appointed on September 17, 2024, is merely “sitting on his hands” in an effort to delay the proceedings.
Flores argues that Harvey has done nothing in the year since his appointment, including responding to requests regarding his own potential conflicts of interest. For instance, as Kaplan points out, Harvey has ties to the league thanks to his seat on the NFL diversity committee, which was formed in the wake of Flores’ suit. Harvey has also served as an arbitrator in other NFL matters, and Flores claims those appointments likely resulted in substantial compensation. In a December 2024 letter to Flores’ lawyers, NFL outside counsel Loretta Lynch said those types of conflict disclosures are not required by law.
In a recent motion that was filed in an effort to remove all of the Plaintiffs’ claims from arbitration and put them in court, Flores’ attorneys write, “[i]ncredibly, as of the filing of this motion for the court, Mr. Harvey has not issued any decision on the motion for arbitral disclosures, nor communicated with parties in any manner whatsoever regarding the proceedings. As such, the entire arbitration has been at a complete standstill and effectively stayed. Mr. Harvey effectively gave the NFL its desired stay through his inexplicable inaction.”
We heard last month that Flores’ claims against the league and three teams – the Broncos, the Giants, and the Texans – were allowed to proceed to court rather than remain in arbitration. In affirming that decision and ruling against the NFL, the Second Circuit Court of Appeals reasoned that Flores never signed contracts with mandatory arbitration language with those clubs (the basis for his claims against those three teams is that they allegedly conducted sham head coaching interviews to comply with the Rooney Rule). On the other hand, because Flores and co-Plaintiffs Steve Wilks and Ray Horton had signed contracts with the Dolphins, Cardinals, and Titans, respectively, and because those deals included a mandatory arbitration provision, the claims against that trio of teams remain in Harvey’s purview for the time being.
That has set up a new battlefront of sorts: while the NFL is appealing the Second Circuit’s three-judge decision to the court’s full 13-judge panel, Flores’ camp argues in its above-referenced motion to the trial court that the Second Circuit’s ruling with respect to the Broncos, Giants, and Texans – in which the appeals court held that it would be unconscionable for Goodell or one of his designees to act as an arbitrator in a case against the NFL and its teams – should also apply to the claims against the Dolphins, Cardinals, and Titans (contract language notwithstanding).
Of course, the league prefers the more sheltered arbitration setting, whereas Flores & Co. are seeking the more objective arena of an open courtroom. That venue dispute has dragged on since the suit was filed three-and-a-half years ago, and it apparently will continue for at least a while longer.
In underscoring the amount of time that has passed with little by way of substantive movement in the litigation, Flores’ lawyers wrote, “[g]iven Mr. Harvey’s inaction and lack of communication, the litigations before him have not even moved to the very initial discovery stage. Mr. Harvey has completely abdicated and disregarded his responsibilities…and he has let the entire arbitration before him languish without any communication.”
The NFL has opposed the Plaintiffs’ motion but has declined public comment on it.
Latest On Brian Flores Lawsuit
March has been dominated by the flurry of free agent moves taking place around the league, but it has also seen an important development in the ongoing lawsuit led by Brian Flores. The ex-Dolphins head coach saw mixed results in a ruling on the matter of arbitration being used to settle his claims against the league and a number of its teams. 
A federal judge in Manhattan ruled that Flores can pursue his racial discrimination suit against the NFL and the Broncos, Giants and Texans in open court, as detailed by Larry Neumeister of the Associated Press. The NFL had attempted to keep the matter an internal one, and handle Flores’ claims through arbitration.
That will be the route taken to determine his case against the Dolphins, however. The same is also true of co-plaintiffs Steve Wilks and Ray Horton, who joined the suit last April. The latter two added complaints against the Cardinals and Titans, respectively, for decisions affecting them in the past. Wilks argued in the suit that Arizona hired him in 2018 as a “bridge coach” with no long-term prospects of retaining the position. Horton has alleged that Tennessee conducted a “sham” head coaching interview with him in 2016.
Per the judge’s ruling, Wilks’ and Horton’s claims (as well as Flores’ outstanding ones against the Dolphins) will be handled through arbitration owing to their respective contractual statuses at the time the alleged malpractices took place. In a statement, NFL spokesman Brian McCarthy said the league will “move promptly with arbitrations… and seek to dismiss the remaining claims.”
He added, however, that the NFL “recognize[s] there is more work to be done” on the matter of diversity and inclusion. The judge’s decision was based in part on her concern about the hiring practices in the league, and added that this case has shined “an unflattering spotlight” on the NFL in this regard. Flores, who drew head coaching interest from the Cardinals before being hired as defensive coordinator of the Vikings, is now clear to test most of his claims in front of a jury.
No decision has been announced regarding whether or not NFL commissioner Roger Goodell will personally oversee the arbitration cases. It is expected he will do so, although the judge also noted she will have the authority to review his findings if he does not delegate to another member of the league. With a path now cleared to have elements of this case heard in open court, it will remain a storyline to watch in the near future.
Latest On Brian Flores Lawsuit
Earlier this week, there was another update in the matter of the Brian Flores-led lawsuit against the NFL and six of its teams. As expected, the league attempted to have the matter moved to arbitration. 
Just as that came as no surprise, Flores and his fellow plaintiffs Steve Wilks and Ray Horton are likewise taking the expected step of trying to stop the league from doing so. Mike Florio of Pro Football Talk reports that they made a direct request to the league to provide “certain information… that will be relevant to the issue of whether arbitration is appropriate.”
Since the initial request was denied, the plaintiffs have now asked the federal court overseeing this case to compel the NFL to provide said documentation. A six-page letter they sent includes a detailed list of the particular information requested, ranging from general procedures regarding arbitration and the circumstances necessitating it, to more specific materials detailing commissioner Roger Goodell‘s involvement in previous legal matters.
One of the other interesting requests made includes that for “all documents regarding any statements or communication among NFL senior executives regarding the plaintiffs, the lawsuit, and the allegations in the complaints.” Another is for “all documents supporting or undermining the contention that the plaintiffs agreed to arbitrate their claims with the NFL,” which attempted to use the precedent set by arbitration as standard procedure when making its case to resolve the issue privately.
As Florio details, another aim of the plaintiffs is to question Goodell on the matter of arbitration, including the issue of whether or not he could represent a neutral adjudicator in the case. Given Flores’ earlier remarks, that also comes as little surprise, as it represents a further attempt to keep the matter in public for as long as possible.
With forced arbitration, my case will be litigated behind closed doors, confidentially and without transparency, essentially done in secrecy,” he said in March. If he and his legal team have their way, though, that situation could be avoided.
NFL Attempts To Move Brian Flores Lawsuit To Arbitration
The latest development in the ongoing legal dispute between Brian Flores and the NFL is a notable, if unsurprising, one. The league formally requested a federal court send the matter to arbitration, as detailed by Daniel Kaplan of The Athletic.
The move was widely expected, as the NFL clearly stated its intentions of doing so much earlier in this process. As its filing indicates, arbitration is the “preferred venue” for the league to settle disputes such as this one. It argues that little precedent exists for courts to handle the internal matters of sports leagues, which, it further states, is the purview under which Flores’ bribery allegations against Dolphins owner Stephen Ross (along with his other claims) should fall.
The league is also attempting to get former coaches Steve Wilks and Ray Horton – who joined Flores’ suit as co-plaintiffs in April – to “sever their cases and file separate arbitration claims.” Just as those decisions come as little surprise, so to does the response made by Flores himself.
“With forced arbitration, my case will be litigated behind closed doors, confidentially and without transparency, essentially done in secrecy,” he said in March, knowing arbitration would be a strong possibility. Given the scope of his allegations made against the league in general, and the Dolphins, Texans, Giants, Broncos (and, after the addition of Wilks and Horton, the Cardinals and Titans), public proceedings would understandably be the plaintiff’s preferred avenue.
Flores was hired by the Steelers as the team’s linebackers coach in February, less than a month after his lawsuit was filed. Kaplan notes, however, that his contract has yet to be formally signed off by commissioner Roger Goodell, something which is standard practice for NFL employment contracts. He adds that the pact “had a minor adjustment [made to it] shortly before the filing, but nothing that will hold it up.”
As a busy offseason for the league continues with respect to off-the-field issues, this legal battle could take a notable turn in the near future if its move for arbitration is allowed to go through. Even in that event, this appears set to remain a significant storyline.
Steve Wilks, Ray Horton Join Brian Flores’ Lawsuit; Allegations Made Against Cardinals, Titans
Two additions have been made to the class-action lawsuit filed by Brian Flores. Panthers secondary coach Steve Wilks and former NFL staffer Ray Horton have joined the suit, making allegations against the league, but also the Cardinals and Titans, respectively. 
As first reported by Mike Florio of Pro Football Talk, Wilks’ allegations stem from his time as head coach of the Cardinals. The 52-year-old held that title for one year, the 2018 season. As the new complaint details, Wilks “was hired as a ‘bridge coach’ and was not given any meaningful chance to succeed” (Twitter link via ESPN’s Adam Schefter). It adds that Wilks “was unfairly and discriminatorily” fired after the team went 3-13.
Central to that point is the fact that general manager Steve Keim was away from the team during the preseason leading up to that campaign as a result of a DUI, and has since been given a contract extension. As Florio notes, Wilks also preferred the team trade up to draft Josh Allen that year; it was with the Cardinals’ ultimate selection, Josh Rosen, that Arizona and Wilks had that losing season. The allegation details how his replacement, Kliff Kingsbury, “has been given a much longer leash” during his tenure alongside Kyler Murray, despite the former’s lack of NFL experience and college success.
Horton, 61, alleges that in 2016 he participated in a “sham interview” for the Titans’ head coaching position. He had previously been the defensive coordinator of the team for two seasons, but they hired Mike Mularkey. As noted by the complaint, the latter had already been told he would be hired before the “fake” process of interviews (including with Horton, to satisfy the Rooney Rule) began, and stated as much in a recent podcast interview (audio link via Pro Football Focus’ Ari Meirov). Horton most recently coached in Washington in 2019.
In the aftermath of these developments, Flores (who has himself made changes to his complaint), Wilks and Horton have made brief statements (Twitter link via ESPN’s Jeremy Fowler). Both the Cardinals and Titans have rebuffed the assertion that their respective decisions were discriminatory.
Staff Notes: Redskins, 49ers, Packers, Jets
The Redskins have hired former Browns defensive coordinator Ray Horton as their new defensive backs coach, according to John Keim of ESPN.com. Washington is retaining incumbent DC Greg Manusky, but the club has spent the offseason meeting with other defensive minds such as Gregg Williams, Steve Wilks, and Todd Bowles. Horton, unlike those three, doesn’t have prior head coaching experience, but he has been a defensive play-caller for the Cardinals, Titans, and Browns (two stints). Horton, who didn’t coach in the NFL in either of the past two seasons, is replacing Torrian Gray, who was let go earlier this month.
Let’s check in on the latest coaching and front office moves:
- The 49ers have promoted Martin Mayhew to vice president of of player personnel, tweets Matt Barrows of The Athletic. Mayhew, whose previous title was “senior personnel executive,” will now share the VP role with Adam Peters. After serving as Detroit’s general manager from 2008-15, Mayhew was the Giants’ director of football operations/special projects in 2016 before he joined San Francisco the following year. He interviewed for the Panthers’ GM gig last February, but lost out to interim Marty Hurney.
- Former Giants special teams coordinator Tom Quinn is a candidate for the same position with the Packers, reports Tom Silverstein of the Milwaukee Journal Sentinel (Twitter link), who adds Quinn has spoken with Green Bay. Quinn was New York’s coordinator from 2007-17 before being let go by Pat Shurmur last offseason. However, Quinn re-joined the Giants staff in September 2018 after new ST coordinator Thomas McGaughey began cancer treatments. The Packers were thought to be a serious contender to hire Dolphins’ special teams coach Darren Rizzi, but that union won’t be happening.
- Adam Gase is bringing a familiar face to New York, as former Dolphins wide receivers coach Shawn Jefferson has taken the same job with the Jets, per Brian Costello of the New York Post (Twitter link). Jefferson, 49, started his coaching career in 2006 with the Lions before moving on to Tennessee in 2013 and Miami in 2016. He was reportedly a candidate to become the Packers’ new wide receivers coach, a role which still hasn’t been filled.
- The Falcons have hired former Buccaneers tight ends coach Ben Steele as an offensive assistant, tweets Field Yates of ESPN.com. Steele had worked under Dirk Koetter — Atlanta’s new offensive coordinator — in Tampa Bay for the past two years.
Coaching Rumors: Titans, Cowboys, Texans
Weather-related concerns are forcing the Titans to shift the timeline of their head coaching search, as Albert Breer of TheMMQB.com tweets. Whereas Texans defensive coordinator Mike Vrabel and Rams offensive coordinator Matt LaFleur were originally scheduled to interview with Tennessee on Wednesday and Thursday, respectively, Vrabel and LaFleur will now sit down with Titans general manager Jon Robinson on Thursday and Friday, respectively. Vrabel, LaFleur, and Panthers defensive coordinator Steve Wilks — whose is currently en route to Tennessee for his interivew, per Joseph Person of the Charlotte Observer — are the only definitive candidates for the Tennessee job thus far, but reports have indicated the Titans could also have interest in Eagles OC Frank Reich.
Here’s more from the 2018 hiring cycle:
- Former NFL defensive coordinators John Pagano and Ray Horton will meet with the Cowboys, per Todd Archer of ESPN.com. Pagano, the longtime Chargers’ DC, spent last season as an assistant head coach (and later, interim DC) for the Raiders, while Horton — formerly the defensive play-caller for the Cardinals, Titans, and Browns, didn’t work in the NFL in 2017. Dallas already has a defensive coordinator in Rod Marinelli, but the Cowboys were reportedly willing to promote Marinelli to assistant head coach in order to keep ex-LBs coach Matt Eberflus.
- While the Cowboys are apparently considering additions to their defensive coaching staff, they’ve made a hire on the offensive side of the ball in new wide receivers coach Sanjay Lal, tweets David Moore of the Dallas Morning News. Lal, 48, originally joined the NFL ranks with the Raiders in 2007, and has since coached wideouts for Oakland, New York, and Buffalo. Former Cowboys wide receiver/current Cowboys scout Miles Austin also reportedly interviewed for the position.
- The Texans have hired former Raiders special teams coach Brad Seely for the same position, according to Adam Schefter of ESPN.com (Twitter link). Seely was forced out in Oakland earlier this month when the Raiders hired Rich Bisaccia as their new assistant head coach/special teams. He’ll replace Larry Izzo, the former NFL linebacker who led Houston to a No. 31 ranking in special teams DVOA a season ago. Seely, 61, has been an NFL ST coach since 1989, and the Texans will be his eighth professional stop. He should have a working relationship with Houston head coach Bill O’Brien, as the pair spent time together with the Patriots from 2007-08.