OT: Supreme Court says Flores vs. NFL should be heard in court, not by arbitrator

[upstater1]

https://www.espn.com/nfl/story/_/id/48881804/supreme-court-intervene-brian-flores-suit-vs-nfl

This just reaffirms that the New York appellate court that overturned the judge in the Brady vs. NFL case, a court that did not bother to even read the lawsuit, was wrong.

The NFL cannot act as its own judge and jury.

 

[Mike the Brit]

https://www.espn.com/nfl/story/_/id/48881804/supreme-court-intervene-brian-flores-suit-vs-nfl

This just reaffirms that the New York appellate court that overturned the judge in the Brady vs. NFL case, a court that did not bother to even read the lawsuit, was wrong.

The NFL cannot act as its own judge and jury.

No, I don't think so.

As I recall, the jurisprudence that allowed Goodell to do what he wanted, however unjust, is pretty robustly anchored in U.S. law (for instance, in Garvey vs MLB Players Association).

The crucial point in the Second Circuit’s eventual ruling against Brady was essentially: Roger Goodell had almost unlimited discretion as arbitrator under the CBA. The Second Circuit emphasized that courts cannot “second-guess” the arbitrator on the merits. The question was only whether the arbitration process crossed the minimal legal thresholds required under federal labor law.

In this case, the courts decided that some of Flores' dispute, as a coach, was not covered by an arbitration agreement with the NFL, unlike Brady's as a player. So it could be taken to court.

 

[Thelonious]

I haven't followed this matter because I despise lawsuits and, as a rule, the lawyers perpetrate them. What in summary does Flores assert to be the basis of his suit, or is the basis mere avarice or some sort of ideologically-ratified hustle?

 

[upstater1]

No, I don't think so.

As I recall, the jurisprudence that allowed Goodell to do what he wanted, however unjust, is pretty robustly anchored in U.S. law (for instance, in Garvey vs MLB Players Association).

The crucial point in the Second Circuit’s eventual ruling against Brady was essentially: Roger Goodell had almost unlimited discretion as arbitrator under the CBA. The Second Circuit emphasized that courts cannot “second-guess” the arbitrator on the merits. The question was only whether the arbitration process crossed the minimal legal thresholds required under federal labor law.

In this case, the courts decided that some of Flores' dispute, as a coach, was not covered by an arbitration agreement with the NFL, unlike Brady's as a player. So it could be taken to court.

It wasn't so cut and dry.

We read lots of articles in the ensuing days as to why the Appellate court was in error.