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

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


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

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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.

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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

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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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Top 5 high school mascots in Nevada: Vote for the best

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Top 5 high school mascots in Nevada: Vote for the best


Some of the best high school mascots in Nevada are in some seriously remote locations, but one urban contender for best in the state is Cheyenne High School’s Desert Shields in North Las Vegas.

Over the next couple of months, SBLive/SI will be featuring the best high school mascots in every state, giving readers a chance to vote for No. 1 in all 50.

The winners and highest vote-getters will make up the field for our NCAA Tournament-style March Mascot Madness bracket in 2025. The Coalinga Horned Toads (California) are the defending national champions.

Here are High School on SI’s top 5 high school mascots in Nevada (vote in the poll below to pick your favorite):

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The poll will close at 11:59 p.m. ET Thursday, Jan. 9.

The North Las Vegas school was built in 1991, a year after the United States’ Operation Desert Shield began in Iraq. For Native Americans, a desert shield is a protective hide often decorated with bright designs and feathers.

Not quite a tornado, a dust devil is a strong, well-formed, relatively short-lived whirlwind. And the Dust Devils’ mascot has lots more personality than a lot of tornado logos out there — it looks ready to fight with its dukes up while sporting a serpent-like tail.

Tonopah is in mining country in off-the-beaten-path Nevada, and mucking is a little-known mining process. Muck is a mix of silver, rock and dirt, and muckers load it into ore cars for it to be rolled to the surface and processed. Fighting Muckers, on the other hand, play high school sports.

Mineral County residents have been telling horror stories about Walker Lake’s Cecil the Serpent since the 1800s, warning of imminent death to anyone who dared to swim in Cecil’s lake. If that’s not a perfect scenario for a high school mascot, I don’t know what is.

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Anyone with arachnophobia will want to skip ahead to the next one (and stay away from Gabbs, Nevada, in the fall). From September through November, thousands of desert tarantulas get out of their burrows and roam searching for a mate, representing the world’s largest tarantula migration. They’re so ever-present in Gabbs that the high school made the obvious choice of calling themselves the Tarantulas.

To get live updates on your phone — as well as follow your favorite teams and top games — you can download the SBLive Sports app: Download iPhone App | Download Android App

— Mike Swanson | swanson@scorebooklive.com | @sblivesports



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‘Tremendous contributions:’ Southern Nevada’s top health official is retiring

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‘Tremendous contributions:’ Southern Nevada’s top health official is retiring


Dr. Fermin Leguen’s family had expected him to become physician since he was a child growing up in Cuba.

He initially thought that he might study aviation technology. He wanted travel the world.

“Honestly, medicine wasn’t one of my top things to do,” he said in a recent interview. “But at the same time — like every other kid — you really have no idea about what any career is about.”

Leguen, 71, eventually made a choice he said he’s never regretted.

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“Finally, I decided to go with medicine,” Leguen said.

Southern Nevada’s Health District top official is retiring at the beginning of March, marking an end to a decades-long career that dispatched him across the globe to serve in public health.

“I have never (spent) a long period of time doing nothing, so I don’t know what to expect,” he said about his upcoming retirement.

Leguen — who became the face of the valley’s COVID-19 response as acting chief health officer— said he will miss his team and their dedication.

He will simply miss “just being here.”

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Leguen said he believes the Health District will remain in good hands, supported with a “very strong team.”

“We have very professional people here with a lot of skills, highly trained,” he said. “Regardless of who’s leading the organization, the biggest strength we have is the people we have here. And they are fully capable of responding to multiple public-health threats that we could face.”

The Health District board appointed Dr. Cassius Lockett — deputy district health officer — to succeed Leguen.

‘Tremendous contributions’

Leguen, who speaks softly and has a shy demeanor, was honored at Las Vegas City Hall earlier this month.

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Shortly after the room cleared from the festivities that welcomed new Mayor Shelley Berkley and Councilwoman Shondra Summers-Armstrong, Councilwoman Olivia Diaz took the microphone to issue a proclamation honoring Leguen for his “tremendous contributions.”

“Dr. Leguen, gracias,” Diaz said. “I just want to say ‘thank you’ for everything that you have done.”

Leguen joined the health district in 2016 as director of clinical services. In October 2019 — a few months before the global pandemic broke out, he was named acting chief health officer.

“Little did we know when we selected him… what we were going to be reeling and dealing with as the world and as a community,” Diaz said. “I don’t think this man would get a shut eye.”

As the health district searched for a permanent agency head, “the board leadership just decided Dr. Leguen has already proven himself as the right leader for this agency.”

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Leguen was officially promoted in early 2021.

During his tenure, he spearheaded the opening of two community health hubs that offer immunizations and primary health services for patients with no health insurance, Diaz noted.

He said he’s proud of his administration’s program that helps address a congenital syphilis crisis that’s “devastating” children.

During the pandemic, Leguen led the rollout of a bilingual education campaign for Spanish speakers at a time when Latinos accounted for 25 percent of COVID-19 deaths, Diaz said.

When Clark County commissioners faced backlash in the fall of 2021 over a resolution declaring vaccine misinformation a source of increased demand for unsafe treatments, Leguen supported the motion.

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“While it is essential for public agencies to provide a forum for people to comment and give input on issues that impact them, it is critical that information impacting the health and safety of the public be based on proven science and accurate data,” he said at the time.

“He’s made it a priority for the Southern Nevada Health District to reflect the community it serves,” Diaz said. “And to forge partnerships with diverse community organizations in order to better reach and serve underserved residents.”

Diaz said Leguen headed the region’s response to other public health emergencies, such as the opioid epidemic and the West Nile virus.

“I wish COVID was the only one,” Diaz said.

A life of service

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Leguen was born in Guantanamo, Cuba. His parents moved the family to the capital city of Havana when he was a toddler.

He studied medicine at the University of Havana.

Leguen worked for Cuba’s social services. He fled the communist country in 1991, eventually migrating to the U.S. where he began a residency in Puerto Rico before completing a pediatric residency at Johns Hopkins Hospital.

Throughout his career, he was a vaccination consultant in Africa, Caribbean countries and South America.

He credits vaccinations for saving lives during the pandemic.

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“When you’re seeing the number of deaths increasing day by day and there is nothing telling you that this is going to get better, it’s very, very depressing,” he said.

While nobody can fully prepare for a future pandemic, Leguen said that the agency has learned lessons to hamper the impact. Community in Southern Nevada collaboration was crucial, he added.

“We must be ready to learn every single day,” he said. “Nobody has the 100 percent answer for anything. We must be willing to communicate with our peers and the public our concerns, our limitations. And also make sure our community is aware of the multiple threats that could be there.”

Leguen, who has a wife and a daughter, said he’s looking forward to having more time to read fiction and watch Korean movies.

Asked to reflect about being an immigrant of color in the U.S. with a life of service under his sleeve, Leguen spoke generally about living out a dream.

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“What I would say to anybody is that you have to follow your dreams,” he said. “You must be consistent with your beliefs. You must be able to sacrifice yourselves and be confident.”

Contact Ricardo Torres-Cortez at rtorres@reviewjournal.com.



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Chabad of Southern Nevada to host Grand Menorah lighting in Downtown Las Vegas

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Chabad of Southern Nevada to host Grand Menorah lighting in Downtown Las Vegas


LAS VEGAS (KTNV) — On Thursday, the Chabad of Southern Nevada will host the Grand Menorah lighting at Fremont Street at The Fremont Street Experience at 4 p.m.

Mayor-elect Shelly Berkley and other local officials will be in attendance.

There will be music, latkes and free dreidels for the kids.

The 20-foot menorah is erected and maintained throughout Chanukah from Dec. 25 and culminates on Jan 2.

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For more information, you can click here.





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