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Arbitration Football

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Constangy, Brooks, Smith & Prophete, LLP

Aaron Patrick case tests bounds of NFL collective bargaining agreement

Can you grieve a tort claim? Briefing was recently completed in a case between a pro football player and the National Football League that could have ramifications for the resolution of future player-league disputes. ...more

Franczek P.C.

Federal Court Tackles Issue of Arbitrability in NFL Race Discrimination Suit, with Split Results

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Last year, we wrote about former National Football League coach Brian Flores and his lawsuit in February 2022 alleging racial discrimination against the NFL and several of its teams. In his lawsuit, Flores claimed that the...more

Constangy, Brooks, Smith & Prophete, LLP

NFL wins more than it loses in Flores arbitration decision

Where does the case go from here? On March 1, a federal judge in New York issued a split decision in a class action lawsuit brought by three Black coaches against the National Football League and certain clubs, alleging a...more

Constangy, Brooks, Smith & Prophete, LLP

NFL personal injury suit seeks to skirt CBA-mandated arbitration

The precedents conflict. On November 15, Denver Broncos linebacker Aaron Patrick sued the National Football League, ESPN, the Los Angeles Chargers, the entities that own and operate SoFi Stadium, and others, in California...more

Constangy, Brooks, Smith & Prophete, LLP

In Watson case, NFL falls victim to its own law of the shop

The league failed to address bad precedent. On August 1, retired federal judge Sue L. Robinson, acting as arbitrator pursuant to the collective bargaining agreement between the National Football League and the National...more

Constangy, Brooks, Smith & Prophete, LLP

Arbitration language in Flores litigation

Here is the arbitration language at issue in the Flores litigation. Flores-Dolphins 2019 Agreement: Employee and the Club agree that all matters in dispute between Employee and the Club, including, without limitation,...more

Constangy, Brooks, Smith & Prophete, LLP

NFL arbitration clauses at issue -- again.

Will a federal judge in New York reach a different conclusion? In two recent posts, I discussed a Nevada state court’s denial of a motion by the National Football League to compel arbitration of a lawsuit brought by...more

Constangy, Brooks, Smith & Prophete, LLP

The NFL's problematic arbitration agreement

Did the NFL drop the ball with Jon Gruden? Last week, I posted about the unsuccessful motion of the National Football League to compel Jon Gruden, former head coach of the Las Vegas Raiders, to arbitrate his claims in a...more

Constangy, Brooks, Smith & Prophete, LLP

Nevada court fumbles NFL's effort to take Gruden dispute to arbitration

NFL says it will appeal. In October 2021, Las Vegas Raiders head coach Jon Gruden was forced to resign after the revelation of emails in which he made racist, sexist, and other unprofessional comments. ...more

JAMS

Gaining the Momentum — A Review on Development of Sports Law in China

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Overview: Promoting Sports Is Part of National Strategy - The year 2019 has seen rapid developments in China’s sports law sector as the government continues to stress the significant role that sports must assume in...more

Stinson LLP

Withholding Evidence In sports Labor dsputes: What eSports can learn from Brady and Elliot? - Questions of Fundamental Fairness...

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For the uninitiated, eSports, is a professional sports league connected to video games, and is one of the fastest growing sports markets. While some chuckle at the growth of eSports, others are taking notice of the industry's...more

Baker Donelson

Lessons From the Ezekiel Elliott Arbitration

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As most football fans know, the NFL suspended Dallas Cowboys’ star running back Ezekiel Elliott for the first six games of the 2017 – 2018 season for violating the league’s personal conduct policy. His suspension was based on...more

Hogan Lovells

Are private dispute resolution agreements really binding?

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Parties often contract out of the CCMA or Labour Court as the forum that considers their dispute and opt for private arbitration. But, are these agreements really enforceable? This question again recently came before...more

McNees Wallace & Nurick LLC

Deflategate Update

An appeals court recently reinstated the four game suspension issued to Tom Brady by the National Football League. The Patriots quarterback previously had his four game suspension reversed by the United States District Court...more

Franczek P.C.

Deflategate for Labor Lawyers Revisited: 2nd Circuit Reinstates Brady Suspension and Reaffirms Judicial Deference to Arbitration

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The United States Court of Appeals for the Second Circuit has reinstated the four game suspension imposed by the NFL on New England Patriots quarterback Tom Brady for his role in the infamous “Deflategate” scandal. This...more

Franczek P.C.

Deflategate for Labor Lawyers

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With the NFL season just beginning, and Tom Brady leading the New England Patriots to victory over the Steelers, we decided to provide you with a bit of football-inspired labor law. On September 3, 2015, Judge Robert Berman...more

Fisher Phillips

Don't Get Deflated: Four Things Employers Can Learn From the Tom Brady "Deflategate" Ruling

Fisher Phillips on

On Thursday, September 3, 2015, a federal judge overturned the NFL’s four-game suspension imposed on star quarterback Tom Brady, ruling that the league couldn’t discipline him for allegedly deflating footballs in order to...more

Burr & Forman

Deflategate’s Lessons for Civil Arbitrations

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Unless you live under a rock, you’ve heard about “Deflategate:” The Patriots’ use of allegedly under-inflated footballs during their 45-7 win over the Colts in last-year’s AFC Championship. In a 40-page opinion issued...more

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