Brian Flores Lawsuit Caught in Legal Limbo as NFL Attempts to Force Claims into Arbitration
ICARO Media Group
In a startling turn of events, the ongoing Brian Flores lawsuit has hit a roadblock in its journey through the litigation process. The question of whether Flores will be required to submit all of his claims to arbitration remains unresolved, as a federal appeals court takes up the NFL's challenge to a lower-court decision.
The crux of the issue lies in Flores' claims against the Giants, Broncos, Texans, and the NFL itself, which the lower court allowed him to pursue. However, Flores' claims against the Dolphins have been sent to arbitration, and he is unable to appeal that ruling at present.
Adding to the complexity, a surprising revelation has emerged through paperwork submitted by the NFL. After being fired by the Dolphins in early 2022, Flores joined the Pittsburgh Steelers as an assistant coach. Many were surprised by this move, given that Flores is suing the NFL and four different franchises for racial discrimination and retaliation against him specifically by the Texans.
The NFL and multiple teams have now argued that Flores' contract with the Steelers should force his pre-existing legal claims into arbitration. This comes as a surprise, as there was an understanding between Flores and the Steelers that his lawsuit would not be impacted by his employment agreement.
Flores' lawyers have submitted an email dated February 19, 2022, from Steelers General Manager Omar Khan, which explicitly states that the employment agreement was not intended to infringe upon Flores' pending lawsuit. However, the NFL has seized on this contract as a potential solution to their advantage, with the aim of moving the remaining claims into arbitration.
The Pittsburgh Steelers have declined to comment on the matter, but it's hard to imagine that both Khan and head coach Mike Tomlin aren't displeased with the league's attempt to use the contract as a "gotcha" tool.
To further complicate matters, the NFL submitted a copy of the Steelers-Flores contract to the district court, but it had not been officially approved or signed by Commissioner Roger Goodell. Although the league later produced a version with Goodell's signature, the court rejected the argument in a motion for reconsideration.
As the case now heads to the appeals court, it will first need to establish whether the district court should consider the Steelers-Flores contract argument on its merits. If so, the lower court will then examine whether the Khan email indeed prevents the NFL from utilizing the contract to force the remaining claims into arbitration.
Regardless of the outcome, an underlying question of trustworthiness and gamesmanship remains at the core of this legal battle. The Steelers hired Flores with the explicit statement that they had no intention to undermine his existing lawsuit, yet the NFL is now attempting to do just that using Flores' contract with the Steelers. While this may be technically legal, it has left a sense of moral ambiguity and wrongdoing in the air.
As the appeals court progresses with this case, the fate of Brian Flores' claims hangs in the balance. The final decision will not only impact his own pursuit of justice but also potentially set a precedent regarding the power dynamics between coaches, franchises, and the NFL as a whole.