The NFL is preparing to pursue a “last resort” option in its ongoing legal battle with former Las Vegas Raiders coach Jon Gruden, according to a report from ESPN’s Don Van Natta Jr.
On Thursday, the Nevada Supreme Court unanimously rejected the league’s petition for a rehearing of an earlier ruling that sided with Gruden. The August decision, which passed by a 5-2 vote, concluded that Gruden could not be forced into arbitration under the NFL’s constitution. That ruling cleared the way for Gruden’s lawsuit against the league to proceed in state court.
“The Nevada Supreme Court on Thursday unanimously rejected the NFL's petition seeking a rehearing of an August decision that said former Raiders coach Jon Gruden could not be forced into league arbitration in his lawsuit alleging the league leaked damaging emails to the media before he resigned from the team in 2021,” Van Natta reported.
All seven justices signed Thursday’s order. The NFL’s only remaining option, sources told ESPN, is to appeal to the U.S. Supreme Court. A league spokesperson declined to comment.
Nevada court rejects NFL arbitration bid in Jon Gruden email case
The Nevada Supreme Court previously determined that the NFL’s push to send the dispute into arbitration overseen by commissioner Roger Goodell was “unconscionable.” The justices wrote that Gruden, as a former employee, was not bound by the provision in the NFL constitution requiring arbitration of such disputes.
“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.”
The decision did not establish whether the league leaked the emails, but it rejected the NFL’s attempt to remove the case from state court oversight.
Gruden filed suit against the league and Goodell in 2021, alleging they pressured Raiders owner Mark Davis to seek his resignation by leaking emails containing racist, sexist and anti-gay remarks. The messages were sent by Gruden during his time as an ESPN analyst and surfaced in October 2021 while the NFL was investigating workplace misconduct with the Washington Football Team.
Gruden seeks damages, says leaked emails derailed Raiders’ 2021 season
Gruden resigned from the Raiders in November 2021, midway through his fourth season. He was hired by the team in 2018 and coached them through their relocation from Oakland to Las Vegas in 2020.
The former coach is seeking financial damages, contending that the leak and subsequent publication of the emails by The Wall Street Journal and The New York Times destroyed his career and endorsement opportunities.
Gruden’s attorney, Adam Hosmer-Henner, said Thursday that “we’re obviously pleased with the decision.”
In August, following the Nevada Supreme Court’s initial ruling, Gruden told ESPN that the leaks disrupted the Raiders’ 2021 season when the team started 3-1.
“I'm looking forward to having the truth come out and I want to make sure what happened to me doesn't happen to anyone else,” Gruden said at the time. “What happened wasn't right, and I'm glad the court didn't let the NFL cover it up.”
The timing and likelihood of a U.S. Supreme Court review remain uncertain. If accepted, the case could mark a significant test of the NFL’s authority to enforce arbitration provisions against former employees.
