When it comes to the NFL’s effort to send the Brian Flores case to arbitration, it’s apparently not over until the NFL says it’s over.
Regardless, the presiding judge has now made it abundantly clear that it’s over.
Despite a court ruling and an appeals court ruling that the claims brought by Brian Flores (against the Dolphins, Giants, Broncos, and Texans), Ray Horton (against the Titans), and Steve Wilks (against the Cardinals) must be decided in court, the NFL filed a motion to reconsider the ruling that slammed the door on arbitration.
On Wednesday, Judge Valerie Caproni denied the NFL’s latest motion.
The 15-page ruling begins with an expression of exasperation regarding the nearly four-and-a-half-year-old litigation: “This case continues to linger at the starting block. Or, to use a more fitting metaphor, this case continues to linger as the teams mill about in the players’ tunnels.”
Elsewhere in the written decision, there are some not-so-subtle indications of the judge’s impatience with the NFL’s efforts to keep fighting over a settled issue. From page 9: “Defendants can articulate no reason why these arguments were not raised in their response to Plaintiffs’ Motion for Reconsideration. . . . With sophisticated law firms, it is hard to fathom a plausible explanation.”
Also, from the same page: “Defendants opted for an iterative stream of arguments to buy themselves a few more months hanging out in the players’ tunnels. . . .”
Putting it another way, and as a judge said to the opposing lawyer in a case I was handling more than 20 years ago, “At some point, you stop arguing to the court and start arguing with the court.”
Judge Caproni’s order concludes like this: “Defendants’ seemingly-never-ending list of arguments why they should not have to litigate this case has run its course. Stepping back, while Defendants are free to spend endless attorneys’ fees to pursue the forum they think will be most advantageous to them, arguments about the superior efficiencies of arbitration ring hollow. . . . Instead of proceeding, discovery and motion practice for these three teams have been further delayed so this Court can deal with these teams’ attempt to take yet another run at how to avoid district court litigation and will, presumably, be delayed further while they pursue yet another appeal.”
It’s a mostly tactful way of saying to the NFL, “Enough. You’ve lost on this issue. Stop asking for arbitration and get to work on defending yourself in the litigation.”
Attorney Doug Wigdor issues a statement regarding the latest decision.
“At this point, the NFL and its teams have lost on this issue at the Second Circuit, were denied en banc review by the Second Circuit, were denied Supreme Court review and have now had the District Court twice confirm that the claims will not proceed in an NFL-controlled forum,” Wigdor said. “We hope the NFL and its teams will accept these rulings and proceed with the litigation.”
Presumably, that will happen. One of these days. Or, more accurately, one of these years.
NFL Commissioner Roger Goodell is remembering Texans co-founder Janice McNair for her role in brining pro football back to Houston and her leadership during the quarter-century since the Texans joined the NFL.
McNair, who died on Tuesday at the age of 89, founded and owned the Texans expansion franchise along with her late husband, Bob McNair.
“Janice McNair was a woman of extraordinary generosity, grace and faith, whose impact on the Houston community and the NFL will be felt for generations,” Goodell said. “Alongside Bob, she helped bring the NFL back to her beloved Houston and played an essential role in building the Texans into an organization that reflects the values they held dear-service, integrity, and commitment to community. Following Bob’s passing, Janice served as controlling owner for six years and continued to provide steady leadership while remaining devoted to their family, Texans, their fans, and countless charitable causes. On behalf of the entire NFL family, we extend our heartfelt condolences to the McNair family, the Texans organization, and the Houston community.”
The NFL accepted the McNairs’ bid to make Houston the home of the league’s 32nd team in 1999, and the Texans began play in the 2002 season. Bob and Janice McNair’s son Cal McNair now serves as the Texans’ Chair and CEO.
Janice McNair, the co-founder and Senior Chair of the Houston Texans, has died. She was 89.
The Texans announced Mrs. McNair’s passing on Tuesday afternoon.
She founded the NFL’s 32nd franchise in 2002 with her husband, Bob. The Texans brought the NFL back to Houston, following the relocation of the Oilers to Tennessee in 1997.
Bob McNair passed in 2018, at the age of 81. Janice served as primary owner of the team following Bob’s death. She transferred the role to her son, Cal, in 2024.
“Mom was exceptional,” Cal said in a statement issued by the team.” She exuded kindness, radiated joy, had an endless amount of hope and love, and lived an incredible life centered around faith, family, philanthropy and football. It’s impossible to describe the profound gratitude that my sisters, Ruth and Melissa, and I feel for having her as our mom. Outside of our family, nothing mattered more to her than her beloved Texans. I remain honored to lead this franchise and build on the foundation my parents set when they brought football back to Houston. Mom leaves an indelible mark on our family, our team and our community, and her giving spirit will always be embedded in the fabric of our organization. While I’m heartbroken, I take great comfort in knowing she is now reunited with my dad, her favorite teammate.”
She is survived by four children, sixteen grandchildren, and 13 great-grandchildren.
We extend our condolences to the McNair family and the Texans organization.
The Terrion Arnold case has returned to court on Friday, for a hearing on whether he’ll be required to wear a GPS monitor while on house arrest pending trial on eight felony charges.
The core question is whether he’ll be practicing or playing football in 2026. If so, the judge likely will stick with the ruling made while Arnold was still on the Lions’ roster. If not, it’s more likely that Arnold will be required to follow the standard home-confinement protocol and wear a device.
The evidence supporting Arnold’s position has come from his agent, Nicole Lynn. Via Dave Birkett of the Detroit Free Press, Lynn testified that four teams have inquired about Arnold: the Colts, Jets, Seahawks, and Texans. She said that he visited and worked out for the Texans, per Birkett. (That workout has yet to appear on any of the daily NFL transaction reports.)
Lynn added that there is a “very good likelihood” Arnold will be signed in the next 45 days.
The next question will be whether any of those teams will confirm their interest in Arnold, or act on it. Often, if a player who works out for a team isn’t promptly signed, he’s not going to be signed by that team — at least not in the immediate future.
The other question looming over Arnold is whether the NFL will place him on the Commissioner Exempt list (i.e., paid leave). If a team has reason to think that’s coming, it will have less reason to sign him.
Regardless, the testimony worked. The judge, per Birkett, denied the prosecution’s motion. Arnold will not be required to wear a GPS device. He remains confined to his home with the exception of work and meetings with attorneys.
The Texans have announced their open practice schedule for this summer’s training camp.
Camp will begin on July 29 and the team’s first open practice will be held on Saturday, August 1. The rest of the open sessions will take place on August 3-5, August 7-8, August 10 and August 18.
All of those practices will be held at the team’s training facility at 9 a.m. except for the August 8 practice. That workout will get underway at 6 p.m.
The August 18 practice will be a joint session with the Raiders. The Texans will also practice with the Panthers in Charlotte later in the month.
