It’s been more than four years since Brian Flores filed his landmark race discrimination lawsuit against the NFL and various teams. The case remains stuck at square one.
The six teams that are the subject of claims made by Flores, Steve Wilks, and Ray Horton — the Dolphins, Giants, Broncos, Texans, Cardinals, and Titans — continue to seek a stay of the proceedings, pending multiple different appeals. This week, the presiding judge declined to stay the litigation.
Currently, the Giants, Broncos, and Texans have a petition for appeal pending before the U.S. Supreme Court on the question of whether the claims made against them require mandatory arbitration. A ruling is expected within the next month or so. (The Supreme Court first has to accept the appeal before resolving the issue.)
The Dolphins, Cardinals, and Titans more recently had their efforts to force arbitration denied. That will inevitably be the subject of another petition for appeal to the Supreme Court, based on the broader conclusion that the NFL’s entire system of arbitration controlled by the NFL has been struck down.
Like most defendants to civil litigation, there’s value in slowing the process down as much as possible. Flores, Wilks, and Horton want to move the case along.
While, like all parties in civil cases, appeal rights can be exercised as to certain issues before the case has ended, there’s a point at which justice delayed becomes justice denied. It has been more than four years. At some point, it’s time to start addressing the merits of the case, and to stop spinning the wheels of the court system on the threshold question of where and how the case is going to be litigated.
As to the notion that the case would have moved faster if the plaintiffs had accepted the league’s arbitration procedures (even if the process is inherently rigged against them), consider this — the league’s designated arbitrator (according to the plaintiffs) did nothing with the claims for more than a year.
A defendant to a civil case can run, but it cannot hide. Unfortunately, the NFL and the six teams that have been sued have managed to run an ultramarathon in the effort to avoid having to answer the specific claims that Flores, Wilks, and Horton have made.
Common sense suggests that, if the NFL and the six teams had any real confidence in its arguments on the merits, they would eventually stand and fight instead.
