In civil litigation, plaintiffs can file amended complaints to add new claims based on discovery findings, and retaliation claims against organizations can strengthen cases by demonstrating organizational bias; the NFL's arbitration clause in coach contracts creates a 'secret kangaroo court' that may disadvantage coaches seeking legal recourse, making public court filings in the Southern District of New York a more viable alternative for challenging unfair termination.
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Analyzing amendment to Brian Flores lawsuit against NFL | Pro Football Talk | NFL on NBCAjouté :
So now it goes forward and look there's a lot there. There was a third amended complaint that was filed last week and the way it works you file a civil complaint that has all of your allegations one paragraph at a time and this one has I think over 400. It's 106 page complaint now and it has grown and it can be amended and the the legal system is very loose about allowing the plaintiff to make new claims. A lot of it is driven by what you've learned in discovery or further investigation.
But the current defendants are, as I mentioned earlier, the Dolphins, the Giants, the Broncos, and the Texans.
Steve Wils has sued the Cardinals. Ray Horton has sued the Titans. It's possible that other teams will be added.
And the new addition, one of the new additions in this third amended complaint is a claim by Brian Flores that he has experienced retaliation from the NFL generally since he's been >> in this position of filing the lawsuit, including he hasn't been hired to be a head coach. And he doesn't name any specific teams that he believes failed to hire him to be a head coach or fairly consider him for a head coaching job in the 22, 23, 24, 25, and 26 hiring cycles. We've had five hiring cycles now that he's been available. But he hasn't been hired to be a head coach. And I think through this process of discovery, reviewing documents, questioning witnesses, they'll get to the bottom.
>> Yeah.
>> And you think of all the vacancies that have happened. And remember as we came into the 2026 off season, there was this, you know, man, look at that Vikings defense. Look at what it did to the Lions in an elimination game for Detroit to get back to the playoffs. And there was this sense he was going to get multiple opportunities this year and he didn't get a single offer and he only think he got a couple of interviews.
Yeah, >> they'll they'll take a close look at all of the teams that have hired coaches, who they considered, who they didn't, who they hired, who they didn't, and it it will only make see the retaliation case can be stronger than the original case because I think it's easier to get a jury to understand why someone would be motivated to retaliate against someone who had the audacity to question us in court. And that's the specific allegation Flores makes. He cites a culture of retaliation within the NFL.
And if that's true, let me tell you something. Based on the years I practiced law and represented individuals who were in trouble at work and dared to to take action against it, I would say a significant number of American businesses have a culture of retaliation. No one likes to be sued and they get pissed off when it happens.
>> Yeah. Right. I mean I we know that's that's common play with anybody anything corporations that and I think it's you know times five when it comes to the NFL. Yeah. I mean as far as the NFL is concerned there's a stain with Brian Flores and I think that yes certain teams and owners would probably be scared to deal with way the Brian Flores the situation everything that's there.
But I mean, does he have a case as far as talking about a guy that should be hired as a defensive head coach or as a head coach as a that was a defensive coordinator? Absolutely. I mean, come on. What are we talking about here? You just saw Jesse Miner get hired and you'd go, "Well, he didn't have the resume Brian Flores has." And, you know, I think the world of Jesse Miner and I'd sit there and go, "I don't even think that the the Vikings defense is as talented as the Chargers." So, we saw we saw Jeff Havley get hot fired. I think the world of Jeff Hapley, he ain't been Brian Flores though the last few years and he's had more talent on his defense than I would say the Minnesota Vikings have. So, yeah, I feel like if this wasn't there, Brian Flores would already have a job again. That that's that would be my estimation. And yeah, I think because of that that I think there's even coaches and GMs that are scared because of the whole situation and what might be there. And then we know Brian Flores ain't afraid to fight back and and do this right here, which also could scare another head co another team or an owner at GM, right? Going like, "Hey, he's not afraid. He he'll he's going to push back here. Do we want to deal with this? This might be a little bit of a controversy with our team." So yeah, all of that has led or put him in a bad spot. Unfortunately, you know, he's in a spot where he's well, really well respected. They love him. But Brian Flores, come on. Should be a head coach.
There's no doubt about that.
When you think of the stories that have emerged in the past when a team has broken ranks from the unofficial collusion mandates like don't give veteran players fully guaranteed contracts, the Browns supposedly getting the cold shoulder at the league meetings after they gave Deshawn Watson the 5-year deal that sparked the eventual arbitration case in the CBA context over whether or not there was collusion and this ridiculous finding that there was attempted collusion that the league told the teams to collude and they just didn't, which I reject and will always reject. I think that they were caught, they were nailed, and the arbitrators lacked the moral fiber or the legal clarity to come to the right decision.
At some level, they were concerned about their appointment to continue to be these arbitrators. That's my own personal opinion. I'm not making allegations of fact. Please don't sue me NFL arbitrators. But this this becomes, I think, a situation where it's a test of wills and we know that the owners aren't going to give in.
I don't think Brian Flores is ever going to be a head coach again unless there's some sort of backroom deal that's done.
Like if he ends up with the Tiger firmly by the tail and the Tiger can't get loose and the only way out of this is to just give this guy a head coaching job for crying out loud, that's a way it can happen. But it's it's not going to be easy to do. And I think the safer bet is he has sacrificed his future as an NFL head coach for this greater good of exposing years years of racial bias which is proven out by the numbers and the culture of retaliation that will be proven out I believe through depositions documents and other efforts. Now >> so you're calling he doesn't get it. You don't think he'll ever get it though?
You don't think it'll ever happen?
>> I I would be very surprised if he becomes a head coach again. I I I think it's far more likely that he ends up getting a massive verdict against the NFL. Massive one that will pay him as if he's been a head coach >> since 2022.
That's far more likely to me than cuz they don't want to give in. They're not going to give in. You're not going to tell them what to do. I mean, for crying out loud, look at everything the NFL's dealing with with the Rooney rule. They got the Florida AG up their ass over their diversity rules. And the best argument in response to James Umeire is to say, "Look at our hiring practices.
They don't work. The diversity, equity, and inclusion efforts don't work when it comes to the biggest jobs available in the sport. They fail. The numbers don't begin to reflect the demographics of the player population. So, um, yeah, I think it's going to be very hard to to get a team to get an owner to do the right thing here because there's going to be fear that there'll be retaliation from the other owners.
>> You're going to get looked down upon.
You're not going to get whatever it is you're trying to get. They're going to be out to get you. Your life is going to be more difficult. You're going to get the evil eye. You're going to get the cold shoulder. They're going to put the maloio on you from 345 Park Avenue.
Those are all the things that will contribute to, I believe, team shying away from hiring Brian Flores. The other point I want to make, this is good news for all of the other coaches and general managers and non-players who have this ridiculous arbitration clause in their contracts. Cuz what it means is if you want to sue, just go to the Southern District of New York because even though this isn't law of the land, it's the law of the second circuit and the Southern District of New York is in that circuit.
And the NFL operates in the Southern District of New York all the time. So file your lawsuit there and you're not going to get sucked into the secret rig kangaroo court of arbitration and the next the next step in this Chris >> what are they going to do with their contracts now?
>> Well yeah >> are they going to change this? Are they going to finally cry uncle and say there's an independent a truly independent arbitrator that's going to handle these?
>> That that's interesting. It's something I was thinking about a little bit when we when I saw this yesterday and then knew we were going to talk about it on the show. I was like how can this change how can they change this? you know, does is this one where, you know, the the the prominent established head coaches need to make a stand a little bit, right? The McVeys, the Shanahans, the Andy Reeds, they go, "Yeah. Uh, yeah. Oh, yo, just sign the contract. Take those few lines out. Take those few lines out." That arbitr like maybe it has to be some people like that that make a stand. Now, again, that's dicey as you know, and you just explained how that can be dicey, but like stuff like that goes through my head when I think about at least remedies to the situation to help people out like a Brian Flores who are stuck in a tough spot here.
>> The problem is when you're negotiating a contract of that magnitude, you got to consider the perspective of the two sides to the equation. Yeah. The coach is never signing a contract thinking, >> I gotta make sure I'm fully protected in case this goes sideways. The coach is thinking it's not going to go sideways.
I am It's It's bad karma to think of, oh, all the things that could go wrong.
I'm not going to be Dr. Doom here.
>> I I No, no, no, no, no. This is all good. This is all positive. I'm getting a big raise. I'm getting this. I'm getting that. I don't care about that's legal ease. I don't care about that.
Give me the pen. Give me the pen. For the team, it's all about the various lawyers, Dr. Doom, Esquire, who is there to load the contract up with all the stuff that protects the team in the event that things do go sideways. So, you have all the tools you need to win if the hits the fan. And that's what it's all about. When you negotiate these documents, what are we going to put in here as a company to protect ourselves in the event that something happens? That's why the lawyers are there. From the coach's perspective, I think the attitude is we're not going to consider that. We're not going to consider like I've if if we're having that conversation, I've already failed and I don't intend to fail. So, uh yeah, they're going to have to redo these contracts at a minimum to take out the Secret Rig Kangaroo Court. what they and I just assume they'll they'll pick some some independent but still businessfriendly arbitration association that will provide the services if and when there's another lawsuit to be made by a coach who gets fired by a team whether it's Urban Meyer that happened last week.
>> Yeah, >> he lost his case against the Jacksonville Jaguars some $30 million.
That's no surprise when you consider the entire Urban Meyer experience in Jacksonville. But in the future, claims like that are likely going to end up being resolved by a third party arbitrator who is truly independent and disconnected entirely from the National Football League.
>> Yeah. No, that would be great. That would be great. That seems more fair.
That does. And uh I think it's a a good step for what? Employees rather than corporations, which I'm always happy to see.
>> Hi, it's Mike Florio. Thanks for watching PFT on YouTube.
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