The NFL’s in-house arbitration process isn’t dead, but it’s on the verge of a TKO.
On Tuesday, the U.S. Supreme Court denied the NFL’s petition for appeal in the Brian Flores case.
From the 25-page document submitted by the league in January 2026, this is the question the NFL presented to the U.S. Supreme Court: “Whether an arbitration agreement governing disputes in a professional sports league is categorically unenforceable under the Federal Arbitration Act because it designates the league commissioner as the default arbitrator and permits the commissioner to develop arbitral procedures.”
The league wisely made the question narrow, in order to avoid the possibility that the league’s arbitration process would be taken to its logical extreme. If the NFL can make the Commissioner the default arbitrator for any employment disputes or other legal claims made by employees, every American corporation could make the CEO the default arbitrator for any employment disputes or other legal claims made against it by its employee.
The U.S. Court of Appeals for the Second Circuit had found that the NFL’s arbitration agreement was not enforceable due to the Commissioner’s power over the process. The decision not to take the appeal doesn’t operate as an agreement by the Supreme Court; however, if the Supreme Court wanted to endorse the league’s longstanding in-house process, it could have taken up the case and then reversed the outcome.
The current legal posture doesn’t prevent the NFL from arguing its position in cases that arise in other courts. However, there’s now a clear path to suing the NFL and avoiding the mandatory arbitration clauses in non-player employment contracts by suing the NFL in New York federal court — since the Southern District of New York falls within the Second Circuit.
As to Flores, the development means that his claims against the NFL, Dolphins, Broncos, Giants, and Texans (and the claims made by Steve Wilks against the Cardinals and Ray Horton against the Titans) will be resolved by the judicial process. With full discovery. And, absent a settlement or a successful motion for summary judgment, with a trial in open court. All facts will be introduced and developed and exposed to public scrutiny.
That could spark a settlement, sooner than later. The league uses arbitration due in part to its desire to keep its business secret. Unless it goes away, the Flores case could result in all sorts of things the NFL would rather us not know playing out in the public eye.