The Nevada Supreme Court on Thursday unanimously denied the NFL’s request for a rehearing of its August ruling, which held that former Raiders coach Jon Gruden cannot be compelled into league arbitration in his lawsuit accusing the NFL of leaking damaging emails to the media prior to his 2021 resignation.
All seven justices signed off on the order denying the league’s rehearing request.
The NFL’s only remaining legal option is an appeal to the U.S. Supreme Court, which sources familiar with the case told ESPN is likely.
Supreme Court NevadaOrder denying rehearing in Gruden vs NFL.
Justices Rule Against NFL and Goodell
In August, Nevada’s high court, in a 5-2 decision, stopped short of ruling on whether the league leaked Gruden’s emails. However, the majority held that requiring his complaint to be handled through arbitration overseen by NFL commissioner Roger Goodell—himself a defendant in Gruden’s lawsuit—was “unconscionable.”
The justices held that Gruden, no longer an employee, could not be compelled under the NFL constitution’s arbitration clause.
By its own unambiguous language, the NFL Constitution no longer applies to Gruden,” the justices wrote. If the NFL Constitution were to bind former employees, the Commissioner could essentially pick and choose which disputes to arbitrate.
Gruden’s attorney, Adam Hosmer-Henner, told ESPN that “we’re obviously pleased with the decision.”
What was in the Jon Gruden emails?
In October 2021, The New York Times reported that, in the seven years leading up to his 2018 hiring as Raiders head coach, Gruden frequently sent emails containing misogynistic and anti-gay language.
In July 2011, while serving as Monday Night Football’s lead analyst, Gruden sent an email to the former president of then-Washington Football Team in which he described former NFL Players Association executive director DeMaurice Smith as having “lips the size of Michelin tires,” The Wall Street Journal reported at the time.
The Times reported that Gruden repeatedly used anti-gay slurs to insult Goodell. He also criticized Goodell for allegedly pressuring the Rams to draft “queers,” a reference to Michael Sam, the NFL’s first openly gay draft pick in 2014.
In a 2017 email, The Times reported, Gruden responded to a sexist meme of a female official with the remark, “Nice job Roger.”
The paper also said he criticized Goodell and the NFL for efforts to reduce concussions and suggested that Eric Reid, who had knelt during the national anthem in protest, should be fired. Additionally, Gruden reportedly mocked a 2017 article highlighting players’ calls for Goodell to support initiatives promoting racial equality and criminal justice reform.
Jon Gruden Would Resign, Sue the NFL
When the Gruden emails came to light he tried to get ahead of it by apologizing to his players for “insensitive remarks” about Smith. He said the comments stemmed from frustration over the 2011 lockout and a lack of trust in the direction the union was taking.
But Gruden resigned hours after the emails were published.
The NFL uncovered the controversial emails while investigating allegations of workplace misconduct at the Washington Football Team. The emails were just a fraction of the more than 650,000 emails collected by the league. Gruden argues the NFL leaked them to the newspapers.
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