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In a lawsuit Thursday, the NFL expressed intent to file a motion to force former Miami Dolphins head coach Brian Flores’ lawsuit against the league and several of its teams alleging racial discrimination in arbitration.
Flores’ attorneys pushed back on the NFL’s intended move, saying it eliminates the much-needed transparency of the case.
“We have said from the outset that if the NFL wants to create change, the first step is to allow for transparency,” Douglas H. Wigdor of Wigdor LLP and John Elefterakis of EEP Law said in a statement. “The NFL’s attempt to force these claims to arbitration demonstrates an unmistakable desire to avoid any public liability and ensure that these claims are brought behind closed doors in a forum stacked against our clients.
“We will fight this request in court, but Mr. Goodell should have done the right thing, waived arbitration completely and allowed this case to be heard before a jury representing a cross-section of society, just like those who watch football.”
Standard NFL contracts often require disputes to be settled in private arbitration rather than the court system, and the Dolphins, one of the teams named as defendants in the case, previously asked the NFL to request that the case be moved to arbitration.
Flores’ lawyers want the case to remain in court for a jury trial, where it will eventually go to trial, and each side can see relevant documents that the other has.
Earlier this month, two additional coaches, former Arizona Cardinals head coach Steve Wilks and former defensive coordinator Ray Horton, joined Flores ‘lawsuit by changing the original complaint to include their own allegations of discrimination in the Cardinals’ hiring and firing practices. and the Tennessee Titans.
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