NFL Loses Yet Another Appeal vs MN Vikings DC
The NFL’s losing streak against Minnesota Vikings defensive coordinator Brian Flores continued this week, when they again appealed a ruling last year by the Second District court that said the league will have to fight Flores in court.
For those who don’t know the details, the NFL has been trying to litigate Brian Flores’ racism and hiring process complaints against the league internally, through a process that essentially uses commissioner Roger Goodell as the judge and jury.
And if you thought a Second Circuit court ruling was going to stop the league from trying to fight this battle outside of court, you were sorely mistaken. Their latest attempt was their third to overturn the court’s ruling, after the Supreme Court refused to hear their initial appeal.
Court growing tired of NFL’s delay tactics vs Brian Flores
So now, their only argument is with the Second Circuit Court — the same district that ruled against the league in the first place. And the courts are growing tired of the league’s delay tactics.
On Wednesday, Judge Valerie Caproni made it extremely clear. Whether the NFL likes it or not, they will have to fight Brian Flores and his allegations against the Dolphins, Giants, Broncos and Texans, in court.
Here are some of the Judge’s quotes that Mike Florio (ProFootballTalk) — a former trial attorney –pulled from the 15-page ruling.
“This case continues to linger at the starting block. Or, to use a more fitting metaphor, this case continues to linger as the teams mill about in the players’ tunnels.”
“Defendants can articulate no reason why these arguments were not raised in their response to Plaintiffs’ Motion for Reconsideration. . . . With sophisticated law firms, it is hard to fathom a plausible explanation.”
“Defendants opted for an iterative stream of arguments to buy themselves a few more months hanging out in the players’ tunnels.”… “At some point, you stop arguing to the court and start arguing with the court.”
Judge Valerie Caproni (via ProFootballTalk)
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NFL will probably keep losing, but that won’t stop it from appealing again
This case first started back before Brian Flores was hired by the Minnesota Vikings, shortly after he was fired by the Miami Dolphins. Does the Judge’s ruling mean this is it for the NFL’s appeals process and that we could finally see the case in court?
Not even close. While the judge knows her tongue lashing will fall on deaf ears, that wasn’t going to stop her from letting the league have it.
“Defendants’ seemingly-never-ending list of arguments why they should not have to litigate this case has run its course. Stepping back, while Defendants are free to spend endless attorneys’ fees to pursue the forum they think will be most advantageous to them, arguments about the superior efficiencies of arbitration ring hollow.”
“Instead of proceeding, discovery and motion practice for these three teams have been further delayed so this Court can deal with these teams’ attempt to take yet another run at how to avoid district court litigation and will, presumably, be delayed further while they pursue yet another appeal.”
Judge Valerie Caproni (via ProFootballTalk)
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