Vinson & Elkins
MONTH-IN-BRIEF (Jun 2026)
Supreme Court Declines to Review Decision Finding the NFL’s Arbitration Process Was Unenforceable
By Leslie A. Berkoff, Partner and Chair of Dispute Resolution Practice Group, Moritt Hock & Hamroff LLP
The 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”) (although the docket notes that Justice Brett Kavanaugh would have voted to grant the petition). New York Football Giants, Inc. v. Flores, No. 25-790.
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. The claims included allegations that the Giants conducted a sham interview with Flores for a head coach job in 2022 that already had been decided in favor 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 provision as part of its constitution and the process appoints the NFL’s top official as the arbitrator. The NFL has argued that the contracts signed by Flores and other coaches are governed by the league’s constitution and the arbitration clause contained therein.
