Jon Gruden came up with a big win in his ongoing legal battle with the NFL on Monday.
The Nevada Supreme Court ruled in Gruden’s favor – a 5-2 decision – that his lawsuit against the league cannot be sent into arbitration, allowing the case to proceed in public.
Gruden had first sued the NFL and commissioner Roger Goodell in 2021, claiming that the NFL had deliberately leaked disparaging emails that the ex-football coach had written in a “malicious and orchestrated campaign” in order to “destroy the career and reputation” of Gruden.
The seven-judge panel declared that the arbitration clause in the NFL’s constitution “is unconscionable and does not apply to Gruden as a former employee.”
“The NFL Constitution would allow Goodell, as Commissioner, to arbitrate disputes about his own conduct — exactly what is at issue here,” the decision stated. “The ability of the stronger party to select a biased arbitrator is unconscionable, even if the stronger party may ultimately choose a neutral arbitrator.”
It was later added that it was “unconscionable” that the NFL could change parts of its constitution “at any time, and without notice,” which included the arbitration clause.
In a statement to USA Today, Gruden’s attorney, Adam Hosmer-Henner, said that they were “very pleased” with the decision.
“This victory further vindicates Coach Gruden’s reputation, and it clears the way to swiftly bringing him full justice and holding the NFL accountable,” he said.
The NFL has not publicly commented on the decision.
The decision did not make any determination about whether any of Gruden’s claims were true.
The suit stems back to email leaks that came out while the NFL was investigating the Commanders’ toxic workplace.
The leaked emails had included racist, misogynistic and anti-gay slurs and were sent by Gruden during his time as an ESPN analyst and sent to then-Commanders general manager Bruce Allen over the course of a seven-year period.
When the emails leaked, Gruden had been the head coach of the Raiders and eventually resigned.
A lower-level state court had initially rejected the NFL’s attempt to dismiss the suit or force the two sides into a private arbitration, but the Nevada Supreme Court then ruled in the league’s favor in May 2024 to dismiss the case, in a 2-1 decision.
The Nevada Supreme Court did grant a motion by Gruden’s lawyers in October 2024 to have the case heard by the full court before ultimately ruling in his favor on Monday.
