MN Vikings Coach Scores Significant Legal Victory Over NFL

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MN Vikings Coach Scores Significant Legal Victory Over NFL

Brian Flores - Minnesota Vikings defensive coordinator — Photo courtesy of the Minnesota Vikings

Eric Strack · Minnesota Sports Fan

Thu, Aug 14, 2025 ·

3 min read

Minnesota Vikings defensive coordinator scores early round legal victory over NFL

According to multiple reports , the U.S. 2nd Circuit Court of Appeals (Manhattan) has ruled that Flores CAN sidestep the NFL's collectively bargained arbitration process in order to take his pending lawsuit against the NFL — which alleges widespread discrimination and racism by the league and specific teams — to public trial.

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The judge who wrote the decision did not hold back in his disgust for the NFL's current arbitration process — which essentially makes commissioner Roger Goodell the lone arbiter on any and all issues, including situations where there's an obvious conflict of interest.

Judge Jose A. Cabranes went as far as to accuse the league's process of being "arbitration in name only" and confident that its implementation is against the Federal Arbitration Act of 1925 .

The U.S. Second Circuit Court of Appeals affirmed a New York district court ruling that Brian Flores' case against the NFL and three teams (the Broncos, Giants and Texans ) should be heard in court, not in arbitration.

— Ben Goessling (@BenGoessling) August 14, 2025

… the appeals court said the NFL's rules forcing Flores to submit his claims to arbitration before Goodell do not have the protection of the Federal Arbitration Act because they provide for "arbitration in name only."

The 2nd Circuit said the NFL constitution's arbitration provision "contractually provides for no independent arbitral forum, no bilateral dispute resolution, and no procedure."

"Instead, it offends basic presumptions of our arbitration jurisprudence" by forcing claims to be decided by the NFL's "principal executive officer," the appeals court said.

This isn't the first legal "L" the NFL has been of late, due to the league's incessant commitment to "protecting the shield". Just a few days ago, the Nevada Supreme Court ruled against the league on a similar matter to what New York's 2nd Circuit did today… at least legally speaking.

NFL planning to appeal Flores' victory

Like Flores, former Bucs and Raiders head coach Jon Gruden is attempting to sue the NFL. In that case, Gruden is accusing the league of leaking private emails that paint him to be all sorts of things that he does not want to be associated with (racist, misogynist, homophobic, etc.), in an attempt to blackball him from coaching.

Shortly after the Gruden ruling, the NFL committed to an appeal, something they've already suggested they plan do for Brian Flores' case, as well.

NFL spokesperson Brian McCarthy said: "We respectfully disagree with the panel's ruling, and will be seeking further review."

Whether the arbitration clause is collectively bargained for or not, I'm just not sure how the league can successfully argue that allowing its commissioner to play czar on any and all appeals is legally acceptable, under the Federal Arbitration Act.

Then again, I am not a lawyer… and the league's attorneys are among the best and highest paid in the field. So don't count out the most powerful professional sports league on planet Earth just yet.

As for Brian Flores and his plight as a future head coach in the league? I can't imagine this helps him get back into the head coaching saddle anytime in the near future, even if it does eventually make the NFL's hiring processes more fair and transparent in the long-term.

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