LAS VEGAS (KSNV) — The NFL has petitioned the Nevada Supreme Court to hold a rehearing after justices ruled in favor of former Las Vegas Raiders coach Jon Gruden in his lawsuit against the league.
Gruden is suing the NFL and its commissioner, Roger Goodell, alleging that damaging emails were leaked to media outlets in 2021 to force his resignation from the Raiders.
Attorneys for the NFL argued that under the league's constitution, Gruden remains subject to closed-door arbitration. However, the state Supreme Court **[sided with Gruden in a 5-2 decision](https://news3lv.com/news/local/nevada-supreme-court-sides-with-jon-gruden-allows-lawsuit-against-nfl-to-proceed-publicly#)** last month.
The majority wrote that the arbitration clause did not apply to Gruden as a former employee. They also said the NFL can change its arbitration clause without warning and allow Goodell to "arbitrate disputes about his own conduct."
All of these issues make the arbitration clause "unconscionable," the majority wrote in their opinion.
In their petition for a rehearing, which was filed Monday, attorneys for the NFL say the high court's decision contains "several errors that threaten arbitration agreements across a host of industries."
Justices overlooked previous cases in which arbitration clauses continued after contract terminations, the attorneys wrote.
"Every sophisticated party that incorporates industry rules or bylaws into a negotiated contract will face uncertainty over whether Nevada courts will honor its choice, while any employee wishing to escape agreed-upon arbitration need only resign before filing suit," the petition reads.
Attorneys for the league also argue the justices misinterpreted the NFL constitution's amendment process, saying any change requires a vote of three-fourths of team owners.