Brian Flores’ lawsuit against the NFL is still stuck in pre-game warmups. After three years, the case has barely moved downfield, as the Second Circuit Court of Appeals prepares to hear arguments this spring on whether Flores must take his claims to arbitration.
🏟️ The Play So Far
Flores sued the NFL in 2022, alleging race discrimination after being fired as Dolphins head coach and passed over by multiple teams. A lower court sent parts of the case to arbitration under his coaching contracts, and that process is now in motion. Flores’ challenge to arbitration was denied, meaning key claims remain sidelined while legal battles play out.
⚠️ Flag on the Play
Flores argued that arbitration is unfair since NFL Commissioner Roger Goodell (or his handpicked arbitrator) controls the process. The court disagreed, saying he can challenge bias only after arbitration.
👀 The NFL’s Game Plan
The league appealed to force more of the case into arbitration. Goodell tapped Peter Harvey, a former state attorney general, as the arbitrator—consistent with past practice of using an outside official to avoid bias claims.
🤷🏻♂️ The Off-Field Drama
While Flores fights to keep his case in court, his credibility is taking hits from former players. Tua Tagovailoa called him a “terrible person” who repeatedly told him he “sucked.” Ryan Fitzpatrick said Flores “broke” Tagovailoa and ran the team like a dictator. If this case ever makes it to a final hearing, those statements could become game-changing testimony. They would tend to show Flores was fired for legitimate non-discriminatory reason, not because of his race.
Now What⁉
If the NFL wins at the Second Circuit, arbitration takes over. If Flores wins, the case finally moves forward in court. Either way, the clock keeps running—three years in, and Flores is nowhere.
Arbitration battles in pro sports are nothing new, but this case highlights a bigger issue: employees challenging arbitration agreements could end up wasting significant time while their case remains stagnant for years.