Jon Gruden won a skirmish Monday in his civil lawsuit against the NFL and commissioner Roger Goodell that has been plodding through a state court for four years. <\/p>\n
The Nevada Supreme Court determined in a 5-2 ruling that Gruden was not required by the NFL to participate in arbitration overseen by Goodell, who is a defendant in the lawsuit alleging that a \u201cmalicious and orchestrated campaign\u201d was used to destroy Gruden\u2019s coaching career by leaking offensive emails <\/a>he had sent years earlier. <\/p>\n The court said that the NFL attempt to force Gruden into arbitration was \u201cunconscionable and does not apply to Gruden as a former employee.\u201d<\/p>\n Gruden\u2019s resignation as coach of the Las Vegas Raiders in October 2021 made him exempt from a provision in the NFL Constitution mandating arbitration, the court ruled.<\/p>\n \u201cIf the NFL Constitution were to bind former employees, the Commissioner could essentially pick and choose which disputes to arbitrate,\u201d the ruling stated. <\/p>\n The decision appears to clear the way for Gruden\u2019s lawsuit to proceed. The NFL can appeal to the United States Supreme Court but so far has declined to comment.<\/p>\n \u201cWe\u2019re very pleased with the Nevada Supreme Court\u2019s decision, not just for Coach Gruden but for all employees facing an employer\u2019s unfair arbitration process,\u201d Gruden attorney Adam Hosmer-Henner said in a statement. \u201cThis victory further validates Coach Gruden\u2019s reputation, and it clears the way to swiftly bringing him full justice and holding the NFL accountable.\u201d<\/p>\n Goodell and the NFL have denied leaking the emails, which were published<\/a> by the Wall Street Journal and New York Times.<\/p>\n \u201cIn contrast to the formalities of the Washington Football Team investigation, Defendants\u2019 treatment of Gruden was a Soviet-style character assassination,\u201d the lawsuit alleged. \u201cThere was no warning and no process. Defendants held the emails for months until they were leaked to the national media in the middle of the Raiders\u2019 season in order to cause maximum damage to Gruden.\u201d<\/p>\n Gruden\u2019s email correspondence with former Washington Commanders executive Bruce Allen occurred from 2011 to 2018 when Gruden was a color analyst for ESPN\u2019s \u201cMonday Night Football\u201d and included racist, misogynistic and homophobic comments. The emails came to light during a league investigation<\/a> into the workplace culture of the Washington team and owner Dan Snyder.<\/p>\n