A key ruling in Jon Gruden's pending lawsuit could come at any time

In Monday's item about former Raiders, Buccaneers, and Raiders coach Jon Gruden joining the AF1’s Nashville Kats as a part owner and adviser, we mentioned his pending lawsuit against the NFL and Commissioner Roger Goodell. There's been no news about the case in months, so we checked on its status.

The litigation is still pending before the Nevada Supreme Court on a rehearing before the full court as to the question of whether the case will proceed in court, or whether it will be sent to the NFL's in-house arbitration system, also known in some places (here) as a secret, rigged, kangaroo court.

A ruling. we're told, could come at any time. The last order was issued on October 10, 2024, with the Nevada Supreme Court granting the request for "en banc" reconsideration — and explaining that the decision would be made based on the existing briefs and official record.

Gruden won at the trial court level on the question of whether the case should remain in the Nevada court system. The NFL prevailed before a three-judge panel of the Nevada Supreme Court. At least two judges of the full court agreed to conduct a rehearing before all seven judges.

Gruden lost, 2-1, before the three judges who considered the case the first time around. Now, with seven judges on the full court, Gruden will need at least four to agree with his position that the NFL should not be permitted to seize on a very aggressive interpretation of the league's Constitution and Bylaws to pull the dispute into arbitration.

Beyond the question of whether the NFL Constitution and Bylaws justify mandatory arbitration of Gruden's case is the broader issue regarding whether the Commissioner should have ultimate authority over legal claims made against the NFL generally and/or the Commissioner specifically.

However it plays out, the issue seems to be destined for the U.S. Supreme Court. Which currently has more than enough pro-business judges to deliver a win for the NFL. Even if Gruden shares the same general political views that could eventually torpedo his case.