The NFL has not provided a comment in response to the finding by the Nevada Supreme Court that the arbitration clause in the NFL's Constitution and Bylaws is "unconscionable" — and thus unenforceable — as to former Raiders coach Jon Gruden.
Gruden's lawyers have issued a statement to PFT.
"We're very pleased with the Nevada Supreme Court's decision, not just for Coach Gruden but for all employees facing an employer's unfair arbitration process," said Adam Hosmer-Henner of McDonald Carano LLP, the firm representing Gruden. "This victory further vindicates Coach Gruden's reputation, and it clears the way to swiftly bringing him full justice and holding the NFL accountable."
It's likely if not inevitable that the NFL will file a petition for appeal to the United States Supreme Court. If the Supreme Court doesn't take the case (or if it does and the NFL loses), it will be time for the case to proceed to discovery. And that's when the NFL may throw money at Gruden in an effort to settle his claim that the league and Commissioner Roger Goodell leaked emails he had sent while working for ESPN to multiple media outlets.
Here's the most important question: Will he reject any offer the league makes? A July 2023 ESPN.com article about the leaked emails that forced Gruden to resign asserted that Gruden hopes "to burn the house down."
That can happen only if he first proves who, from a fairly tight circles of people who had access to the supposedly secret emails from the Washington investigation, leaked some to the Wall Street Journal for publication on a Friday and then, when that didn't do the trick, leaked more to the New York Times on a Monday. At that point, things could get very interesting.
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