To introduce yourselves to contract issues, I thought a good jumping off point would be to explore the pending dispute between the NFL, the Miami Dolphins and the Dolphin’s former coach, Brian Flores. In addition to the employment issues, the case also raises potential contractual issues. see the below article from respected sports writer Mike Florio:
Arbitration clause could quickly derail the Brian Flores lawsuit
This is copy of the complaint: https://www.wigdorlaw.com/wp-content/uploads/2022/02/Complaint-against-National-Football-League-et-al-Filed.pdf
A key issue in any contract is how the parties will resolve their future disputes. Apparently, the employment contract between Coach Flores and the Dolphins includes a compulsory “arbitration” clause. Essentially this type of clause requires that any dispute between the parties relating to the terms of employment be submitted to and resolved by a private third party, rather than through a court lawsuit.
The article discusses the arbitration provision in detail. It does not include the exact contract, but apparently most NFL contracts follow a form which includes a provision similar to the following:
“[Coach] agrees that . . . all matters in dispute between [Coach] and Club, including without limitation any dispute arising from the terms of this Agreement, shall be referred to the NFL Commissioner or a Commissioner-appointed representative for the NFL for binding arbitration, and the decision shall be accepted as final, conclusive and unappealable.”
Compulsory arbitration is widely used in the NFL. In fact, in the collective bargaining agreement with NFL players, the NFL Commissioner can decide to appoint himself as the arbitrator in disciplinary proceedings. See this famous case for more information:
https://www.americanbar.org/groups/litigation/committees/alternative-dispute-resolution/practice/2016/2nd-circuit-reinstates-brady-suspension/
As the first article above discusses, it is expected that the NFL and Dolphins will move to dismiss the lawsuit and ask the court to refer the dispute for resolution in arbitration. Please think about this situation and answer the questions listed below. I would like to see responses that are fully thought out and property cited.
Question to answer:
Under the terms of the contract, is the case brought by Flores subject to the compulsory arbitration clause? Why or why not?
