Second Circuit Rules That The NFL Arbitration Of Race Discrimination Claims Because Arbitration Process Provides Arbitration "In Name Only"

Duane Morris Takeaways: On August 14, 2025, in Flores v. N.Y. Football Giants, Inc., No. 23-1185, 2025 U.S. App. LEXIS 20688 (2d Cir. Aug. 14, 2025), the U.S. Court of Appeals for the Second Circuitaffirmed a decision from the Southern District of New York denying a motion to compel arbitration of claims of plaintiff Brian Flores ("Flores") asserting race discrimination filed by the National Football League ("NFL") and six of its member clubs. In closely examining the arbitration provision at issue (and agreed upon by the parties), the Second Circuit found that the NFL's internal arbitration framework, which provided the NFL Commissioner with unilateral control over arbitrator selection, substantive process of proceedings, and other discretionary decision-making powers, provided for arbitration "in name only" and fell short of requirements set forth in the Federal Arbitration Act ("FAA").