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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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Northern Nevada rallies for Giving Tuesday: local groups aim for $10,000 to boost services

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Northern Nevada rallies for Giving Tuesday: local groups aim for ,000 to boost services


Northern Nevada organizations are marking Giving Tuesday with community-focused fundraising campaigns aimed at expanding services, improving access and supporting local families.

The May Arboretum Society at Rancho San Rafael Regional Park launched a $10,000 Giving Tuesday goal to support two new enhancement projects within the arboretum. The organization says the improvements will elevate the visitor experience and reinforce its mission of conservation and community education. Donors can participate by visiting mayarboretumsociety.org and selecting the “Get Involved” tab.

Note-Able Music Therapy Services (NMTS) in Reno is also seeking to raise $10,000 today to expand access to its music therapy programs. The nonprofit says its services help children and adults build confidence, communication skills and emotional well-being. A $50 donation can fund a monthlong scholarship for a client, while $300 can provide six months of classes for a child working on social skill development or help support local caregivers who rely on the program. Contributions can be made at nmtsreno.org.

Other local organizations participating in Giving Tuesday include Safe Embrace, Veterans Guest House and Nevada Humane Society, each encouraging northern Nevadans to support programs that stay entirely within the community.

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Many Giving Tuesday campaigns run through midnight, offering residents a chance to make an immediate impact on local nonprofits serving the region.



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Nevada Health Centers now recruiting for clinical research trials

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Nevada Health Centers now recruiting for clinical research trials


RENO, Nev. (KOLO) – Nevada Health Centers in Carson City is looking for people to participate in clinical research trials for norovirus and an oral GLP-1 medication.

“We’ve been very excited to be able to bring opportunities of major biopharmaceutical, clinical research, new, innovative medications and such to our patient population,” said Dr. Sangeeta Wagner, Nevada Health Centers.

NVHC joined forces with Javara, a leading integrated research organization (IRO), in 2023 to bring clinical research to Nevadans, beginning in the greater Carson City area.

Nevada Health Centers has conducted fourteen trial opportunities over the years. They’re recruiting for 5 trials right now, including norovirus and an oral GLP-1 medication. “This medication is an oral medication for adults that will help them in the same ways. It’s nice because it will give patients the alternative instead of having to inject themselves once a week,” added Dr. Wagner.

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NVHC is looking for people who are 18 or older, with diabetes, obesity, heart failure prevention, hypothyroidism, and covid.

The norovirus trial is for people 60 or older. The CDC reports, there are 2,500 norovirus outbreaks in the U.S. each year, and the virus is responsible for 58% of foodborne illnesses.

“For most of us, otherwise healthy adults, we can just have a few days of some mild discomfort. But in the vulnerable population, adult patients or those very young, it can lead to dehydration or death. Important to decrease the spread of it as much as we can. Currently, there is no approved vaccine for it, nor is there an antiviral,” said Dr. Wagner.

Dr. Wagner says Clinical trials are an essential step in developing new medications and therapies, and the norovirus vaccine trial, part of a national study, aims to reduce the impact of the disease that sickens thousands of people every year, leading to lost work productivity, school absences, hospitalizations, and more.

The deadline to apply is closing in 4 to 6 weeks. Plans are in place to expand the clinical research program to other NVHC facilities in the state.

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If you are interested in participating or would like to learn more, please contact Jason Elenberger at jason.elenberger@javararesearch.com or our research team phone line at 775.200.9775.

You can also call Nevada Health Centers.



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Meet the Nevada 4th grader who will light the Capitol Christmas tree in Washington D.C.

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Meet the Nevada 4th grader who will light the Capitol Christmas tree in Washington D.C.


A fourth grader from Virginia City is representing Nevada on one of the biggest holiday stages in the country. Nine-year-old Grady Armstrong, a student at Hugh Gallagher Elementary School, was selected to light Silver Belle, the 2025 U.S. Capitol Christmas Tree harvested from Nevada for the very first time.

Grady won the honor after taking first place in a statewide essay contest with more than 250 entries. His essay focused on Nevada’s public lands and national forests, and why they deserve to be protected and appreciated. He said he wanted the rest of the country to understand how special Nevada’s public land and national forests are, and he included examples about enjoying and caring for those spaces. The essay took him about three days to write, a stretch he jokingly described as involving blood, sweat and tears after spending long hours working on it. He said he wrote most of it himself.

This week marks Grady’s first trip to Washington, D.C. and his first time on an airplane. He said he was surprised to enjoy the takeoff and the turns in the air, describing the lightheaded feeling as one of his favorite parts of the flight.

Grady boards Southwest flight on his way to Washington D.C. (Armstrong family)

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Once in the nation’s capital, he visited the Kennedy Center to watch the Nutcracker, the Smithsonian, the Washington Monument and caught a glimpse of the Martin Luther King Jr. Memorial. He said mostly everything about Washington, D.C. has been a favorite so far, including the hotel, housekeeping staff, and the history he is seeing up close.

Grady and his two younger sisters at the Hall of Democracy (Armstrong family)

Grady and his two younger sisters at the Hall of Democracy (Armstrong family)

Nearly his entire family has traveled across the country to be there for his big moment, including his parents, two sisters, grandparents and other relatives arriving throughout the week. Grady said it means a lot to have so many loved ones celebrating with him.

He also shared how meaningful it feels to represent the small community of Virginia City and all of Nevada in front of the nation. When asked what he loves most about his home state, he said everything. He talked about exploring wildlife near his home in the Highlands with his family and described watching a colorful sparrow bathe in a rain puddle on their property. He said it reminded him of seeing birds in Washington, D.C., similar in some ways but in a very different setting.

The Armstrong family before watching the Nutcrack at the Kennedy Center in Washington D.C. (Armstrong family)

The Armstrong family before watching the Nutcrack at the Kennedy Center in Washington D.C. (Armstrong family)

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Grady’s connection to Silver Belle began long before he arrived in Washington. He was there the day the tree was harvested in the Humboldt-Toiyabe National Forest and later rode alongside it in the Nevada Day Parade. He said his favorite part of the journey so far has been seeing the tree harvested, watching it get decorated and then seeing it in person outside the Capitol. He also sent a special ornament with the tree, a wooden mountain bluebird, which is Nevada’s state bird.

Grady gives challenge coin to Washington D.C. firefighters, thanks them for their work (Armstrong family)

Grady gives challenge coin to Washington D.C. firefighters, thanks them for their work (Armstrong family)

With the ceremony approaching, Grady said he feels mostly excited and only a little nervous. He thanked everyone back home for supporting him, especially classmates and community members who encouraged him to enter the contest. He shared a message about hard work, saying this experience shows that you can accomplish big things if you reach for the stars, repeating advice from his mom. He has already started collecting souvenirs to remember the trip, including challenge coins and autographs he plans to display in his room.

Grady will read his winning essay alongside Speaker Mike Johnson and light Silver Belle on Tuesday night in Washington, D.C., marking a historic first as Nevada’s tree takes its place on the Capitol lawn.

You can read his full essay below:

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Dear Lieutenant Governor Stavros Anthony,

Hi! My name is Grady Armstrong and I’m in the 4th grade at Hugh Gallagher Elementary School in Virginia City, Nevada. My Grandpa worked at Mount Rose area for nearly 50 years, and my Dad Brent Armstrong is a firefighter at Lake Tahoe. My mom, Rhianna Armstrong, is a teacher right here in Virginia City. They have shown me the love of the forest, nature, and the outdoors.

I want the country to know how special Nevada’s national forests and public lands are. These lands are full of wonder from big animals like elk, mule deer, bighorn sheep, and even moose, to small animals like fish, lizards, and birds. Hiking with my family, I have seen water bubble out of the earth in places that look super dry. These springs give life to so many plants and animals. Sometimes you can find arrowheads near the springs, a reminder of the life they gave tribes that lived off the land. We also love seeing ancient petroglyphs carved into rocks by people who lived here long ago.

My favorite wilderness areas are Mount Rose and Arc Dome. We’ve also visited the Sheldon Antelope Refuge and the Massacre Rim Dark Sky Sanctuary, where the night sky is so dark you can see millions of stars!

One of my favorite things to do is when our family takes what my mom and dad call “Nevada highways,” which are nothing more than dirt roads in the middle of nowhere. We’ve found ghost towns, abandoned mines, and the most amazing untouched landscapes.

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You don’t need to go far to enjoy Nevada. Right from my school playground you can look east for hundreds of miles over the mountain ranges that make up the Humboldt-Toiyabe National Forest. Last month, we went to the top of Mt. Davidson and watched the sunset over the Sierras and, at the same time, howled at the full moon as it rose over the Nevada landscape.

Nevada is not just a desert. It’s full of life, history, and beauty. I think everyone in the country should know how important it is to enjoy and protect these amazing places.

Grady Armstrong

P.S. We went to the camel races too! I hope you enjoyed your visit.



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