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ARTICLE · 26 AUGUST 2026

US Supreme Court Declines To Review Decision Finding NFL Arbitration Process Unenforceable

GGI | Global Alliance
GGI | Global Alliance
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The U.S. Supreme Court has declined to review the NFL's challenge to a Second Circuit ruling that found the league's arbitration process unenforceable in discrimination claims brought by former coach Brian Flores. The decision centers on whether the NFL's arbitration clause, which designates Commissioner Roger Goodell as arbitrator, satisfies the Federal Arbitration Act's requirements for independence between parties and arbitrators. This ruling has significant implications for professional sports leagues t

United StatesLitigation, Mediation & Arbitration
Leslie Berkoff (Moritt Hock & Hamroff LLP)
Leslie Berkoff (Moritt Hock & Hamroff LLP)
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In the case New York Football Giants Inc., et al. v. Flores, No. 25-790, the United States Supreme Court has declined to review a petition for certiorari from the National Football League (NFL) and the New York Giants, Denver Broncos, and the Miami Dolphins (collectively, the "Appellants").

The litigation commenced with discrimination claims advanced by Minnesota Vikings coordinator Brian Flores accusing the league and its teams of systemic discrimination in hiring and promoting Black coaches and front office officials, and claiming that the Giants conducted a sham interview with him for a head coach job in 2022 that already had been decided in favour of another candidate; conducted to satisfy what is known as the League's Rooney Rule, which requires teams to interview minority candidates for open positions. The Giants denied the allegations. The NFL moved to compel arbitration in the case as the NFL has an employment arbitration as part of its constitution, and the process appoints

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