Nevada

Nevada Supreme Court Orders Gruden’s Case Against NFL To Arbitration

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2 months ago

May 14, 2024

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Nevada Supreme Court Orders Gruden’s Case Against NFL To Arbitration

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In a May 14, 2024 Order, the Supreme Court of the State of Nevada reversed a lower court’s holding that former Las Vegas Raiders head coach Jon Gruden did not have to arbitrate his claims against the NFL and Commissioner Roger Goodell arising out of his October 2021 forced resignation. Gruden now faces the prospects of pursuing an arbitration process ostensibly – but not necessarily – controlled by Goodell.

The District Court Goes For Gruden

Gruden was forced to resign after the revelation of emails in which he engaged in what the NFL described in a legal brief as “racist tropes and misogynistic and homophobic slurs.” At the time, Gruden was in the fourth year of a 10-year, $100 million contract, the largest contract ever for an NFL coach.

Notwithstanding the fact Gruden and the Raiders quickly reached a confidential settlement concerning Gruden’s departure, in November 2021, Gruden sued the NFL and Goodell (but not the Raiders) in the Eighth Judicial District Court in Clark County, Nevada, alleging principally that the defendants had intentionally and tortiously interfered with Gruden’s contract with the Raiders by allegedly leaking the problematic emails.

In January 2022, the NFL filed separate motions to dismiss the case and to compel the matter to arbitration. In its motion to compel, the NFL relied on two provisions of Gruden’s employment agreement. First, Gruden agreed generally to be “bound by the Constitution, Bylaws, and rules and regulations of the NFL.” Based on this provision, the NFL argued that Gruden is bound by Section 8.3(E) of the NFL Constitution, which provides the Commissioner authority to arbitrate a dispute “that in the opinion of the Commissioner constitutes conduct detrimental to the best interests of the League or professional football.” Second, Gruden’s contract contained an arbitration provision requiring that “all matters in dispute between Gruden and [the Raiders], including without limitation any dispute arising from the terms of this Agreement, shall be referred to the NFL Commissioner for binding arbitration, and his decision shall be accepted as final, conclusive, and unappealable.”

On May 26, 2022, the District Court denied both motions ruling from the bench. The court held that the NFL’s first argument on the motion to compel failed because, as pointed out by Gruden, invoking this authority would supposedly require Goodell to predetermine the outcome of the arbitration. Second, the court determined that the NFL’s reliance on the arbitration provision contained in Gruden’s contract was misplaced because it only covered disputes between Gruden and the Raiders, which are not a party to the litigation. The District Court’s opinion was later expanded on in an order written by Gruden’s counsel and signed by the District Court, a process permitted by Nevada’s rules.

The Nevada Supreme Court Reverses

The Nevada Supreme Court, in a 2-1 decision, determined that the District Court made numerous errors in its decision. First, the Court held that Gruden failed to prove that his settlement with the Raiders extinguished the relevant arbitration clauses because he did not offer the settlement agreement as evidence in the case and because arbitration clauses are presumed to survive contract termination. Second, the Court determined that Gruden’s contract incorporated the NFL Constitution by reference because Gruden agreed to be bound by it and because it was available to him. Third, the Court found that Gruden’s claims were within the scope of Section 8.3(e) because “[w]hether judged from the perspective of Gruden’s emails becoming public or the NFL Parties’ alleged leaking of those emails, the conduct-detrimental to the NFL or professional football requirement appears satisfied.” Fourth, the Court rejected Gruden’s argument that the arbitration agreement was procedurally unconscionable, finding that he “was the very definition of a sophisticated party” in negotiating his employment agreement. Fifth, concerning substantive unconscionability, while the Court expressed some concern about Goodell potentially serving as the arbitrator in a matter in which he is a defendant, “it is not clear that Goodell will act as arbitrator.” Moreover, the Court noted, “issues of arbitrator bias are reviewable post-arbitration.” Finally, the Court rejected Gruden’s argument that the arbitration agreement is “illusory” because the NFL can amend it unilaterally, noting that the NFL’s ability to do so is restrained by the implied covenant of good faith and fair dealing inherent in every contract.

For all of these reasons, the Court reversed the District Court’s decision and remanded the case with instructions to grant the NFL’s motion requesting that the case be compelled to arbitration.

Justice Linda Marie Bell, writing in dissent, argued that the arbitration agreement did not apply to Gruden because he is no longer an employee of the Raiders. Additionally, Justice Bell believed that incorporation of the NFL Constitution into Gruden’s contract was procedurally unconscionable because Gruden had no choice but to accept it and, at 447 pages, it dwarfed the terms of Gruden’s 7-page employment agreement.

Gruden’s Call

It will soon be up to Gruden to decide whether to file an arbitration with Goodell pursuant to the provisions of the NFL Constitution. Goodell is unlikely to preside over the arbitration, out of the concern that any decision he makes could then be vacated by a court on the ground of bias. Goodell has historically taken one of three routes in these situations: (1) he designates internal NFL counsel to preside over the matter (often General Counsel Jeff Pash); (2) he designates an outside attorney who formerly worked for the NFL or one of its clubs to be arbitrator (Harold Henderson and Bob Wallace, for example); or (3) in high-profile matters where judicial scrutiny is likely, he designates a respected arbitrator or attorney to serve. The most likely choice would be an attorney or arbitrator with labor and employment expertise and some NFL ties but not so much as to create a strong impression of bias.

The last option is what Goodell chose in 2022 when the NFL appealed an arbitrator’s decision to suspend Cleveland Browns quarterback DeShaun Watson for six games, much less than the 14 games the NFL wanted. Goodell had the right under the collective bargaining to hear the appeal but instead appointed Peter Harvey, a former Attorney General for New Jersey and NFL consultant as arbitrator. The parties settled for an 11-game suspension before any appeal was heard.

Gruden is more than two years into this legal battle and, given his pugnacious reputation, is unlikely to drop the case now. Moreover, given the judicial scrutiny Commissioner Goodell’s involvement has already received, it is more likely that Gruden will be able to have his claims fairly considered by a neutral (or near neutral) party.

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Nevada

Nevada transit agency adopts ZeroEyes’ AI gun detection platform

Published

3 hours ago

July 5, 2024

Press Room

Nevada transit agency adopts ZeroEyes’ AI gun detection platform

ZeroEyes, a Montgomery County firm that created an AI-based gun detection video analytics platform, continues getting its technology into nationwide organizations. The Regional Transportation Commission of Southern Nevada has chosen the company for wide-scale implementation of the technology.

The Regional Transportation Commission of Southern Nevada is the first transit agency in the United States to deploy weapons detection analytics fully. Under the terms of the agreement, the transit agency is adding ZeroEyes to its state-of-the-art network to protect residents and visitors against gun-related violence, according to a press release.

The agency oversees public transportation, traffic management, roadway design, construction funding, transportation and regional planning efforts for the greater Las Vegas metropolitan area. With a transit fleet of 39 routes served by more than 400 vehicles, the agency carries more than 50 million riders per year.

“RTC prides itself on its ability to identify transportation challenges and implement solutions,” MJ Maynard, CEO of the Regional Transportation Commission of Southern Nevada, said in a statement. “Tens of thousands of people depend on our transit system every day, and we continually look for ways to improve their safety and security.”

ZeroEyes’ AI gun detection and intelligent situational awareness software layers onto existing digital security cameras. If a gun is identified, images are instantly shared with the ZeroEyes Operations Center, which is staffed 24/7/365 by specially trained military and law enforcement veterans.

If the experts at the center determine a threat is valid, they will dispatch alerts and actionable intelligence — including a visual description, gun type, and last known location — to local law enforcement and RTC staff within 3 to 5 seconds from detection.

“RTC has set a new standard in security by becoming the nation’s first transit agency to execute wide-scale deployment of weapons detection analytics to protect its citizens,” said Mike Lahiff, CEO of ZeroEyes.

The solution, the company has previously said, “mitigates mass shootings and gun-related violence by reducing response times, providing actionable intelligence with images and delivering clarity among chaos — ultimately saving lives.”

ZeroEyes said that United Safety & Survivability Group, known in the transit industry and ZeroEyes’ transit reseller, worked to facilitate the deployment of the company’s gun detection and intelligent situational awareness software across the agency’s cameras for a 1-year deployment contract.

“The safety of operators and passengers is central to our mission at United Safety,” Joseph Mirabile, CEO of United Safety, said in a statement. “We are thrilled that RTC, a longstanding partner benefiting from our diverse safety products, acknowledges the significant impact ZeroEyes can bring to its transit system.”

ZeroEyes was founded by a group of former Navy SEALs and technologists and is based in Whitemarsh Township, Montgomery County. The company’s patented solution is recognized by the U.S. Department of Homeland Security (DHS) as a promising anti-terrorism technology and is the first video analytics technology to receive SAFETY Act DT&E Designation.

The platform is deployed across a variety of industries nationwide, including school districts, commercial property groups, shopping malls, places of worship, hospitals, military bases, manufacturing plants, casinos and Fortune 500 campuses. The ZeroEyes team also provides consulting, installation assistance and practice drills for active shooter events to enhance safety at schools, corporate and government facilities.

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Nevada

Nevada DMV temporarily suspending 'Walk-In Wednesdays' due to extreme heat

Published

10 hours ago

July 4, 2024

Press Room

Nevada DMV temporarily suspending 'Walk-In Wednesdays' due to extreme heat

NEVADA (KTNV) — Planning to make use of Nevada’s “Walk-In Wednesdays” at your local DMV? Well starting July 10, that service will be temporarily suspended at some locations due to extreme heat.

The Nevada Department of Motor Vehicles announced July 3 that it will be temporarily moving to appointment-only services on Wednesdays at metropolitan offices starting July 10.

These locations include offices in Henderson and Reno as well as the offices on Decatur, Flamingo, and Sahara in Las Vegas.

The DMV said until temperatures reach normal levels and move away from extreme heat, Walk-In Wednesdays will resume.

“June was by far the hottest month in Las Vegas ever recorded,” said DMV Director Tonya Laney.

“Customers continue to line up outside of our Las Vegas offices hours before the doors even open, and temperatures are soaring above 100 degrees before 8 a.m. We are noticing increasing temperatures in Reno and want to be proactive for our customers there as well. In order to limit heat exposure both inside and outside our offices, we have decided to revert Wednesdays back to appointment-based only. This is a temporary change until temperatures decrease.”

State and health officials say excessive heat poses a serious health risk, especially in Nevada. The DMV said in 2023, 226 Nevadans died from heat-related illnesses—close to 10% of all heat-related deaths in the nation.

Remember to stay hydrated and stay cool as the temperatures rise.

Beat the heat:

Wednesday appointment bookings will open Tuesday afternoons.

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Nevada

Heat records fell, some shattered, in June across parts of Arizona, Nevada and Texas

Published

17 hours ago

July 4, 2024

Press Room

Heat records fell, some shattered, in June across parts of Arizona, Nevada and Texas

LAS VEGAS — Parts of Arizona, Nevada and Texas just endured their hottest June on record, where sweltering conditions shattered several long-standing marks.

The broken records herald yet another summer of extremes — both in the U.S. and around the world — and offer a worrisome outlook for the weeks and months ahead, as July and August are typically the hottest months of the year in the Northern Hemisphere.

In Phoenix, an average temperature of 97 degrees Fahrenheit made it the hottest June in the city’s more than 100 years of temperature records, according to the National Weather Service.

Last month beat the previous record, set in June 2021, by almost 2 degrees. Phoenix’s Sky Harbor Airport recorded 14 days in June at or above 110 degrees, the weather service said.

The scorching conditions have already taken a toll. So far this year, there have been 13 heat-related deaths in Maricopa County, which includes Phoenix and many of its suburbs. Another 162 deaths are under investigation, according to the county’s Public Health Department.

Last year, a record 645 people died from heat-related causes in Maricopa County, in what was an extraordinary year for extreme heat in the region. Temperatures of 110 degrees or above were recorded for 31 consecutive days in Phoenix last summer, breaking an 18-day streak that was set in 1974.

And July is already off to a rough start, with 110 million people across 21 states under heat warnings and watches for the Fourth of July holiday period.

Brutal heat was felt throughout the Southwest last month.

In neighboring Nevada, Las Vegas sizzled to its own temperature record in June.

“Almost any way you slice it, June 2024 was the hottest ever in Las Vegas,” the local office of the National Weather Service wrote Sunday on X. The previous record was set eight years ago, in 2016.

Triple-digit temperatures were recorded nearly every day last month, the weather service said. The average temperature in June was 94.6 degrees, which was 7 degrees above normal and 1.8 degrees hotter than the previous record, according to the National Weather Service.

The heat was also persistent. The average high temperature hit 106.2 degrees, and the average low temperature touched 83 degrees, meaning the city had little relief from the heat even overnight.

Heat waves are expected to be more common as a result of climate change. Studies have shown that as the world warms, heat waves will be more frequent, longer and more intense.

But it wasn’t just the new milestones that were notable, the National Weather Service said.

“What’s more impressive is how much we beat the old records by,” the National Weather Service wrote on X, adding that June’s average high temperature beat the previous record by 1.2 degrees, a bigger margin than separates second and eighth place.

It was a scorching June in West Texas, as well. El Paso had its hottest June on record, breaking a record that had stood for 30 years, according to the National Weather Service.

The average temperature in the border city hit 89.4 degrees, which was 0.4 degrees warmer than the previous record set in 1994.

Extreme heat is expected to persist this week across the West Coast and parts of the South. Heat advisories and excessive heat warnings are in effect in Washington state, Oregon, California, Arizona, Nevada, Texas, Oklahoma, Missouri, Arkansas, Louisiana, Mississippi, Alabama, Tennessee, Kentucky, Georgia and Florida.

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