Flores’ Early Appeal Bid in NFL Race Case Nixed by Trial Judge

Minnesota Vikings defensive coordinator Brian Flores’ legal effort to force his former employer, the Miami Dolphins, to answer his claims of racial discrimination and retaliation in a real court—not the “court” of NFL commissioner Roger Goodell—suffered another setback last week.

U.S. District Judge Valerie Caproni, who last year sent Flores’ claims against the Dolphins to an arbitration process overseen by Goodell, denied his motion to certify legal issues for appeal to the U.S. Court of Appeals for the Second Circuit.

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Flores contends the appellate court should review whether the arbitration agreement in his Dolphins’ employment contract is unconscionable on grounds a “biased party” (Goodell) is the arbitrator. A finding of unconscionability would render the clause unenforceable and place his claims against the Dolphins, for whom he served as head coach from 2019 to 2021, back on track.

Flores seeks an interlocutory appeal, meaning an appeal before a final judgment in his case. Flores v. NFL, which also includes claims brought by San Francisco 49ers defensive coordinator Steve Wilks and Ray Horton against their former employers (the Arizona Cardinals and Tennessee Titans, respectively), has not yet been heard by a jury or otherwise decided on the merits.

While Caproni dispatched Flores’ claims against the Dolphins to arbitration, his claims against teams that didn’t hire him (the New York Giants, the Denver Broncos and the Houston Texans) and related claims against the NFL remain in court.

Interlocutory appeals are rarely granted. They are, Caproni explained, “strongly disfavored,” especially in “the early stages of litigation.” Appellate courts ordinarily prefer to consider appeals after a case has been decided, partly because appellate courts don’t find facts, assess evidence or weigh testimony—those activities are performed in trial court.

Caproni concluded Flores failed to offer a sufficient reason to…

Source link : https://sports.yahoo.com/flores-early-appeal-bid-nfl-203403896.html

Author : Sportico

Publish date : 2024-01-08 20:34:03

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