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The first battle in the Brian Flores litigation against the NFL will play out as to the question of whether the case will play out in court, or in the NFL’s secret rigged kangaroo court.
Via Daniel Wallach of ConductDetrimental.com, a scheduling conference held in the Flores case resulted in key timelines that will devote the summer months to the question of whether the case will be sent to mandatory arbitration.
The presiding judge issued the following timeline for the handing of the issue: (1) the NFL’s motion to compel arbitration is due on June 21; (2) the response from the plaintiffs is due on July 22; (3) the NFL’s reply brief is due on August 5.
The decision will come at some point after August 5, in the form of a written legal document that addresses and resolves the various arguments. In the interim, an oral argument is possible.
Wallach also notes that Flores’s lawyers want to engage in limited discovery on the issue that the designated arbitrator (i.e., the Commissioner or his designee) has a bias that prevents the arbitration from occurring. The NFL’s lawyers will oppose that.
Ultimately, the question is whether it’s fair and appropriate for the Commissioner or his designee to resolve a controversy involving the league and its teams. In most cases, American companies that insist on the arbitration of employment disputes will at least permit the claims to be resolved by an independent arbitrator. The NFL takes it much farther than that, insisting on the ability to mete out justice when the NFL and its teams are the parties seeking it.
That’s why I will keep calling it a rigged kangaroo court. It is, and more people in the media need to be willing to use that term or something similar.
And if the NFL doesn’t like it, here’s a simple solution. Quit trying to resolve cases involving the league or its teams in a rigged kangaroo court.