The National Football League and three of its teams have filed a notice of interlocutory appeal in the race discrimination suit filed against them by three Black coaches.
Former Miami Dolphins Head Coach Brian Flores originally filed the suit, which has since been joined by two other Black coaches, Steve Wilks and Ray Horton.
Judge Valerie E. Caproni of the US District Court for the Southern District of New York recently ruled that the NFL, the New York Giants, Houston Texans, and Denver Broncos couldn’t force the coaches’ claims against them into arbitration. But Caproni also said that claims against the Miami Dolphins, Arizona Cardinals, and Tennessee Titans could be arbitrated.
- The notice of the interlocutory appeal filed Monday is specifically limited to the claims against the NFL, Giants, Texans, and Broncos
- The NFL’s attorneys also sent Caproni a letter Monday pointing out that under a recent US Supreme Court opinion the proceedings in her court must be stayed while the US Court of Appeals for the Second Circuit considers the appeal
- The coaches say in their suit that the teams gave fake interviews to Black candidates to satisfy a league diversity rule before giving the job to the expected White candidates
Elefterakis Elefterakis & Panek and Wigdor LLP represent the coaches. Paul, Weiss, Rifkind, Wharton & Garrison LLP represents the NFL.
The case is Flores v. Nat’l Football League, S.D.N.Y., No. 1:22-cv-00871, notice of interlocutory appeal filed 8/21/23.
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