The next step of former Raiders head coach Jon Gruden‘s lawsuit against the NFL and commissioner Roger Goodell has come and gone with yet another blow to the former head coach’s efforts. With the latest update provided by ESPN this week, the situation continues to seem inevitably headed towards an NFL-led arbitration.
For those unfamiliar with the situation, Gruden sued the league and its commissioner back in 2021 shortly after he felt he was pressured to resign from his job following backlash from the leak of several emails he had sent while he was an employee for ESPN. The emails were sent from 2011 to 2018 to former Commanders president and general manager Bruce Allen and contained inappropriate racist, sexist, and homophobic language. The correspondence was discovered amidst the NFL’s workplace culture investigation into Washington.
Gruden’s initial complaint accused the league of intentionally leaking only his documents selectively. As a result, he claims that the publication of those documents by the Wall Street Journal and New York Times “destroyed his career and scuttled endorsement contracts.”
A district judge in Las Vegas determined that that Gruden’s claims “could show evidence of ‘specific intent’ or an act designed to cause a particular result.” The league appealed to the Nevada State Supreme Court, where a three-justice panel determined (in a 2-1 split decision) that the league was able to force the civil case out of the state courts and into arbitration that could be overseen by Goodell, a named party in the lawsuit.
The two justices who ruled for the NFL claimed that Gruden “understood the NFL constitution allowed for arbitration to resolve disputes” and said that “it wasn’t clear whether Goodell or a designated third-party arbitrator would” oversee the arbitration. The dissenting justice called it “outrageous” that there would even be a possibility Goodell could arbitrate a dispute in which he is a named party.
After this all occurred, we relayed that Gruden had the option to request a rehearing with the three Nevada Supreme Court judges who comprised the split decision votes. He would then potentially have the option to petition for a rehearing including all seven justices that make up the State Supreme Court.
The latest update confirms that Gruden did take that first step, seeking a rehearing from the three-justice panel that made up the May 14 decision. Ultimately, Gruden and his team lost the bid as the panel’s decision was upheld. There have been no reports on whether or not Gruden still can or will seek a rehearing with all seven Nevada Supreme Court members. If his team is able to take this route, the losing party of that rehearing could have the option to take the case to the U.S. Supreme Court, as the NFL did with the Rams relocation case.
While speculation leaves the door open for plenty of possibilities, the odds continue to stack against Gruden getting anything out of this lawsuit. The NFL’s resources vastly outweigh those of Gruden and his attorneys, and the courts have a history of siding with the league. The signs continue to point towards an NFL-led arbitration that will either be headed by Goodell himself or a third-party selected by Goodell and the league.
Whether Gruden and company continue to fight back against what they perceive to be a targeted attack from the league and its leader is yet to be seen. After two major setbacks, the complainant has seen the direction in which this is moving and may decide to cut their losses and run. They’ve yet to exhaust all of their options, but this week’s July 1 decision has continued to limit their ability to fight on their own terms.