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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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Odd and beguiling ‘Rose of Nevada’ will haunt viewers

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Odd and beguiling ‘Rose of Nevada’ will haunt viewers


The dilapidated fishing vessel from which “Rose of Nevada” takes its name disappeared into the sea off the coast of Cornwall, England, in 1993, bringing with it two members of a shorthanded crew. A young fisherman who had called out sick that day later died by suicide; some speculate because of survivor’s guilt. There’s a lot of speculation about that old boat. It was the kind of tragedy from which a tight-knit community never really recovers, and this quaint Cornish fishing village has since been stricken by decades of poverty and rot. Now, 33 years later, the Rose has mysteriously returned. It just showed up, ship-shape and empty, sitting there in the harbor one misty Monday morning. All she needs now is another crew.

How and why the boat returned is not for me to say, nor are such matters of much concern to writer-director Mark Jenkin. A time travel adventure with the cadence of a ghost story, “Rose of Nevada” haunts the viewer like the sound of a faint, distant horn on a foggy night. George MacKay stars as Nick, a loving husband and doting dad who has been out of work for some time now. He’s also a bit of a dummy, caving in their apartment’s roof while trying to patch a leak during a rainstorm. Nick finds himself crewing the Rose out of financial necessity — he’s literally trying to put a roof over his family’s heads — while Callum Turner’s gruff drifter Liam comes aboard seemingly because he’s got nothing better to do.

George MacKay (left) and Callum Turner in writer-director Mark Jenkin’s “Rose of Nevada.” (Courtesy Ian Kingsnorth/Bosena)

Any other movie would probably try to explain exactly how these boys return from their maiden voyage with a robust catch to find themselves transported back to 1993. They discover their little town thriving and keep running into younger, happier versions of characters we’ve met in the miserable present. Everyone seems to know who Nick and Liam are, but they’re calling them different names. It’s as if the two have somehow stepped into the shoes of those doomed crewmembers from 33 years ago, brought back here by the Rose either to fix history or repeat it.

Part of what makes the movie so mesmerizing is Jenkin’s artisanal approach. He shoots on an ancient, hand-cranked 16mm Bolex camera — a model slightly less advanced than what my film school class was using three decades ago. Jenkin leans into the grainy imperfections of the image, keeping in all the scratches and light leaks that professional labs and technicians typically scrub out. It’s impossible to capture synchronized sound with this equipment, so background noises and the necessarily sparse dialogue are added later in post-production, lending an eerie, uncanny quality to the proceedings.

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The set of self-imposed limitations creates its own aesthetic. Jenkin’s hand-cranked camera won’t run for more than 28 seconds at a time, forcing him to tell the story in a series of punchy, discrete images. Instead of wide establishing shots, he favors tight closeups made even more claustrophobic by 16mm’s boxy 1.33 aspect ratio. Our brains assemble the scenes almost like a mental jigsaw puzzle, getting a full sense of the boat without ever getting a complete look at it. Same goes for the town. It’s amazing how many gaps your mind fills in for you when prompted properly.

Jenkin takes a similar approach to the screenplay, allowing rhyming images and visual cues to provide most of the exposition. I went back and watched the movie a second time to try and understand how I always felt like I knew what was happening, even though I couldn’t possibly explain what was going on. The rhythms of the picture feel almost like a dream, obeying their own strict logic that locks in perfectly at the end. Jenkin’s previous picture, the cryptic Cornish island folk tale “Enys Men,” tried similar tactics, but with annoying, off-putting results. Two of the reasons this film connects so much better are the appealing lead performances by MacKay and Turner, a couple of genuine movie stars with whom we are happy to get lost at sea.

From left, Callum Turner and George MacKay in writer-director Mark Jenkin's
From left, Callum Turner and George MacKay in writer-director Mark Jenkin’s “Rose of Nevada.” (Courtesy Steve Tanner/1-2 Special)

MacKay made no impression at all in the insipid, Oscar-winning World War I gimmick film “1917,” but has since revealed himself to be one of our most adventurous young actors. He was electrifying as a bi-curious, homophobic hooligan in the 2024 Boston Underground Film Festival favorite “Femme,” and nailed multiple roles from swoon-worthy stud to psychopathic incel stalker in Bertrand Bonello’s brain-melting “The Beast.” There’s a performative aspect when most actors play dumb, a theatricality that reminds the audience they’re actually smarter than the character. As our stranded family man Nick, MacKay offers no such condescension. He’s a dim bulb with a big heart in an unfathomable situation; his eyes sometimes touchingly, hilariously blank. So much is already beyond Nick, and then all this happens.

Most readers probably know Turner as Mr. Dua Lipa. For those who have trouble keeping track of their cute British boys, he’s the jug-eared, scruffy one who isn’t Josh O’Connor. I’ve never understood the hubbub about this guy, but he won me over here. It’s tough to recall a character in a science-fiction story quite like Liam, who, when experiencing something as foundation-shattering as time travel, figures, “Sure, why not?” and rolls with it. MacKay has some hilarious reaction shots to his screen partner’s blithe acceptance of their new reality. Though I suppose it helps that in this alternate 1993 timeline, Liam winds up with a beautiful wife and daughter, while Nick just gets stuck with overbearing parents.

I’ve been turning over the movie’s ending in my mind for a couple of weeks. “Rose of Nevada” comes to a conclusion both hopeful and bittersweet, depending on how you want to read it. This is an odd, beguiling film that doesn’t look or sound like anything else you’ll see in theaters this year. The raggedly beautiful imagery is a feast of rust and decay, the film itself dinged up like it’s followed the boat here from a distant, mysterious time.


“Rose of Nevada” opens at the Coolidge Corner Theatre on Friday, July 10.

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UNR tests whether cow manure can help restore Nevada landscapes after wildfires

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UNR tests whether cow manure can help restore Nevada landscapes after wildfires


After decades of cheatgrass-fueled wildfires across Nevada, researchers at the University of Nevada, Reno are testing whether cattle can help restore damaged rangelands by spreading native seeds as they graze.

Cheatgrass, an invasive plant common across the Great Basin, dries out early and can fuel larger wildfires, making it harder for native vegetation to return. UNR postdoctoral scholar William Richardson said the plant helps create a self-reinforcing cycle.

“Cheatgrass grows, it creates more wildfires, that allows more cheatgrass to grow, and it becomes a bigger and bigger issue. That’s why we’re seeing all these mega fires spreading across the Great Basin,” Richardson said.

The challenge continues after flames are out. In Nevada’s arid climate, native plants can struggle to reestablish, while cheatgrass often returns quickly.

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UNR tests whether cow manure can help restore Nevada landscapes after wildfires

“We struggle with getting five to eight inches of rain a year. Trying to restore a native community in those very arid conditions are extremely difficult,” Richardson said.

Ewe won’t believe it: Sheep munch away at Reno’s wildfire worries in Arrowcreek area

Ranchers already use targeted grazing to reduce cheatgrass. Now, UNR researchers are studying whether cattle can also help reseed the landscape. The approach mixes native grass seeds into protein supplements cattle already eat. Researchers then track whether the seeds can survive digestion and be spread naturally across the range after being deposited in manure.

“We’re already using cattle to combat cheatgrass through targeted grazing, and the ultimate goal is to bring native species back across the landscape, so why don’t we combine those two ideas?” Richardson said.

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In lab testing, researchers evaluated special seed coatings designed to help some seeds survive a cow’s digestive system. The results showed certain species could make it through the process and still germinate after being deposited in manure, Richardson said, though some seeds need more protection than others.

UNR tests whether cow manure can help restore Nevada landscapes after wildfires

UNR tests whether cow manure can help restore Nevada landscapes after wildfires

“Some species naturally have a very thin seed coat and require more protection, while others can go through the gut of a cow easy peasy lemon squeezy,” he said.

The project is expected to move into field testing this fall at Horseshoe Ranch near Eureka, where researchers will track whether seeds can not only survive digestion but also establish new plants on the landscape.

“It’s a passive way to restore the landscape. Instead of having to go in with a tractor or seed from an airplane, you can use cows that are already there,” Richardson said.

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UNR tests whether cow manure can help restore Nevada landscapes after wildfires

UNR tests whether cow manure can help restore Nevada landscapes after wildfires

Researchers said the method is not intended to replace traditional restoration work, but to add another tool for land managers and ranchers. If the field trials are successful, they said the approach could eventually help restore thousands — or even hundreds of thousands — of acres across the Great Basin.



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As temperatures rise, HELP of Southern Nevada continues homeless outreach efforts

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As temperatures rise, HELP of Southern Nevada continues homeless outreach efforts












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HELP of Southern Nevada continues homeless outreach efforts | Local Las Vegas | Local























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