Forum The Longship Flores amending lawsuit to include retaliation cla...

Flores amending lawsuit to include retaliation claim...

Cricket
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https://www.nbcsports.com/nfl/profootballtalk/rumor-mill/news/brian-flores-will-amend-lawsuit-to-include-retaliation-claim-over-arbitration-issue

Brian Flores will amend lawsuit to include retaliation claim over arbitration issue

Vikings defensive coordinator Brian Flores has a tiger by the tail. And he’s pulling it, hard.

Via Daniel Kaplan in an item published by Front Office Sports, Flores will be amending his complaint against the NFL and multiple teams on Wednesday to include a claim for retaliation. The alleged basis for the retaliation is Flores’s opposition to the NFL’s enforcement of its arbitration provisions in employment agreements.

The argument is simply stated, even if it will be difficult to prove. He’ll argue that his head-coaching prospects have been blocked by his aggressive, and to date successful, assault on the NFL’s habit of requiring coaches to agree to contracts that require all disputes to be resolved by arbitration ultimately controlled by the league.

Flores has secured multiple victories on that front, culminating in a federal appeals court scrapping the league’s longstanding practice of forcing coaches to submit to an in-house procedure that has the head of the organization — the Commissioner — ultimately responsible for processing and deciding claims made against the NFL and/or its teams.

Flores, who continues to be one of the most successful defensive coordinators in the NFL, has been unable to get a second head-coaching job since being fired by the Dolphins after the 2021 season. (His pending lawsuit includes a retaliation claim against the Texans for not hiring him in the aftermath of the filing of his race discrimination case against the NFL and multiple teams.)

Kaplan also reports that Flores has sought information from all 32 teams about their hiring practices, now that the discovery process is moving forward.

Flores filed his lawsuit in early 2022. For most of the past four-plus years, the case has been bogged down as to the threshold question of whether the claims will be processed in arbitration, or in open court.

It’s gutsy, to say the least, for Flores to keep pushing these issues as aggressively as he is. Businesses like the NFL don’t like to be sued. It will make it harder for Flores to get another head-coaching job, even if he’s been kept out due to improper motivations.

Still, if he truly believes in his position, he’s doing the right thing by refusing to back down.

That said, proving retaliation will be a challenge. No one will admit to it. His lawyers will be required to show through circumstantial evidence and/or aggressive cross-examination that the stated reason(s) for not hiring Flores are a pretext for a prohibited consideration.

LIVE WELL ~ LOVE MUCH ~ LAUGH OFTEN

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#1 · May 19, 8:48 PM
JR44
Joined Aug 2017
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Total BS lawsuit. Vikings have done a really great job over the years of getting high character players, too bad they did not take the same approach when it came to coaches.

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#2 · May 19, 8:52 PM CT
Canthony
Joined Oct 2013
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LOL! I love Flores, but you went against something you can't win. The lawsuit is a joke anyways. You think... no owner wants you as your head coach? No shit. They own the league. Of course you are now out on any HC job. To add "retaliation" come on man. We are going to end up losing this guy as our DC.

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#3 · May 19, 9:43 PM CT
MaroonBells
Joined Jan 2014
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Hmmm...you wouldn't think his lawyers would add this claim to the suit if they didn't stumble across someone or something that could corroborate it.

"The further a society drifts from the truth, the more it will hate those who speak it”

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#4 · May 20, 8:01 AM CT
JustInTime
Joined Feb 2025
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I cannot say “corroborate” without feeling like I have marbles in my mouth.

“Hell is empty and all the devils are here”

Shakespeare 

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#5 · May 20, 8:41 AM CT
KM
Joined Sep 2017
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He should have gotten a job this year. He didn't. The thing is he gain gain access to the entire hiring process of every team that interviews him. If the discussion of not hiring isn't due to his qualifications but due to the lawsuit he has a case. The next thing is whether there is collusion among the GM's. That would be much tougher to prove unless someone breaks ranks. Say what you will Flores continues to put pressure on the NFL. He is looking at a pretty significant payday and he and the NFL knows it, much bigger than a coaching contract. So we will see where this goes, but he appears to be the Vikings long term Defensive Coordinator for the foreseeable future.

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#6 · May 20, 10:20 AM CT
Mike Olson
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MaroonBells wrote:

Hmmm...you wouldn't think his lawyers would add this claim to the suit if they didn't stumble across someone or something that could corroborate it.

The lawyer team over there is INCREDIBLY talented and that's all I can say there.

Is this thing STILL on?

Skol Vikes!

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#7 · May 20, 10:26 AM CT
Mike Olson
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Canthony wrote:

LOL! I love Flores, but you went against something you can't win. The lawsuit is a joke anyways. You think... no owner wants you as your head coach? No shit. They own the league. Of course you are now out on any HC job. To add "retaliation" come on man. We are going to end up losing this guy as our DC.

He IS going to win one way or another. Whether it's the full amount or outcome he is seeking or not he will be walking away with a partial win at the very least.

Is this thing STILL on?

Skol Vikes!

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#8 · May 20, 10:27 AM CT
Greylock
Joined Oct 2013
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MaroonBells wrote:

Hmmm...you wouldn't think his lawyers would add this claim to the suit if they didn't stumble across someone or something that could corroborate it.

Or they haven't been able to find anything and added the claim hoping something turns up from other teams.

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#9 · May 20, 10:43 AM CT
RS
Joined Apr 2024
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Go Flores. It's not even about the money at this point for him. He's making more now as DC than he was as HC in Miami. He's out to prove that teams obey the letter of the Rooney Rule by using minority candidates as tokens. When the Broncos were "searching" for a HC before (surprise!) hiring Sean Payton they interviewed Flores and Flores said both of the men running the "interview" showed up drunk.

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#10 · May 20, 1:37 PM CT
Daniel McRandall
Joined Apr 2025
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I thought I read somewhere yesterday that the new updated lawsuit included 31 teams, not 32 and it was the Vikings that were NOT included. That would tend to make the most sense as the Vikings have basically shown that they think he is a huge asset worthy of an extension.

Born in 1961 - Still waiting for just one.... ;) 

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#11 · May 20, 8:01 PM CT
JR44
Joined Aug 2017
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RS_Express wrote:

Go Flores. It's not even about the money at this point for him. He's making more now as DC than he was as HC in Miami. He's out to prove that teams obey the letter of the Rooney Rule by using minority candidates as tokens. When the Broncos were "searching" for a HC before (surprise!) hiring Sean Payton they interviewed Flores and Flores said both of the men running the "interview" showed up drunk.

He is ALL about Brian Flores, it has nothing to do with the Rooney Rule. This lawsuit started after he was let go by the Dolphins, which had nothing to do with his race and all about that he treated players and staff terribly. After what the Dolphins reported no one wanted to touch him and deservedly so. If he cared at all about the Rooney Rule or race equality do you think he would have hired an all white law firm to represent him - #hypocrite

https://www.wigdorlaw.com/our-team/

This is the reason he is not a head coach and the reason this lawsuit should be thrown out

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#12 · May 20, 8:49 PM CT
Cricket
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Daniel McRandall wrote:

I thought I read somewhere yesterday that the new updated lawsuit included 31 teams, not 32 and it was the Vikings that were NOT included. That would tend to make the most sense as the Vikings have basically shown that they think he is a huge asset worthy of an extension.

This is from an article by Christopher Gates

According to Front Office Sports, Flores has subpoenaed 25 NFL teams for information about their hiring practices in his ongoing discrimination lawsuit against the league. There were already six teams named in the suit, which means that there’s only one team that isn’t currently a part of it.

If I had to guess which one it was, I’d be willing to wager that it’s the one that’s currently signing his paychecks.

(Recap of what we already know here.) Then adds the following:

Flores was joined in his lawsuit by former Arizona Cardinals head coach Steve Wilks and longtime NFL assistant coach Ray Horton. Those additions added the Cardinals, Tennessee Titans, and the Houston Texans as named teams in the lawsuit. Today's filing covers 25 other teams, which again, would likely cover every non-Vikings team in the league.

Per the Front Office Sports story, the NFL is expected to move to dismiss the subpoenas for the 25 teams that are not directly named in the suit.

Brian Flores’ case against the NFL has been going on for over four years now, and if this latest move is any indication, we shouldn’t expect it to be coming to an end any time soon.

LIVE WELL ~ LOVE MUCH ~ LAUGH OFTEN

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#13 · May 20, 9:22 PM CT
Canthony
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Mike Olson wrote:

He IS going to win one way or another. Whether it's the full amount or outcome he is seeking or not he will be walking away with a partial win at the very least.

Why though? His handling of the offense was horrific. He was known as combative with the staff and young players. Went through 4 OC's in 3 years. He didn't know how to handle a HC job. Everyone wants to point at the big bad men owners like everything is unfair. Maybe it was simply Flores fault. These conversations go from team to team. What owner wants a coach that is like that? He is a DC, just like Zimmer was. Both very similar situations IMO. Zimmer couldn't grasp the other side of the ball either or how to handle it. As an owner, would you want to hire someone with these red flags to be the head of your football team?

"Brian Flores' offensive struggles highlight his high staff turnover, rigid communication, and clash with quarterbacks during his tenure as Miami Dolphins head coach. These breakdowns ultimately contributed to his firing despite securing back-to-back winning seasons. 

  • Constant Turnover: Flores went through four offensive coordinators and four offensive line coaches in just three seasons in Miami. Analysts point to this lack of continuity as a major culprit in the offense's failure to establish a cohesive identity.

  • Quarterback Clashes: Former Dolphins quarterbacks Ryan Fitzpatrick and Tua Tagovailoa have both publicly spoken about his confrontational and demoralizing management style. Tagovailoa noted that the constant negativity was hindering rather than helping his development.

  • Defensive-Minded Disconnect: As a defensive specialist, Flores often struggled to foster a developmental environment for offensive personnel. His disconnect with young offensive players became a significant red flag during his subsequent head coaching interviews"

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#14 · May 21, 2:42 PM CT
DA
Joined Feb 2014
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JR44 wrote:

He is ALL about Brian Flores, it has nothing to do with the Rooney Rule. This lawsuit started after he was let go by the Dolphins, which had nothing to do with his race and all about that he treated players and staff terribly. After what the Dolphins reported no one wanted to touch him and deservedly so. If he cared at all about the Rooney Rule or race equality do you think he would have hired an all white law firm to represent him - #hypocrite
https://www.wigdorlaw.com/our-team/
This is the reason he is not a head coach and the reason this lawsuit should be thrown out
https://www.reddit.com/r/raiders/comments/1q65zwn/real_talk_on_brian_flores_by_ryan_fitzpatrick/

He hired one of the best plaintiffs' employment firms in the country. Are you suggesting he would not have hired them if they had black lawyers?

He does not seem to be all about himself. The case was brought as a class action, not just for himself. This means he is suing not only for himself, but also on behalf of unnamed plaintiffs. It also means he has to show that he can adequately protect the interests of the unnamed plaintiffs and that his firm is competent to litigate the case.

In the complaint he explicitly cites the Rooney Rule and alleges that some teams hold sham interviews with black coaches and front office personnel to satisfy the Rule but in doing so are violating the spirit of the Rooney Rule. So the complaint does have a lot to do with the Rooney Rule.

The NFL and some of the teams can argue that he is a terrible person or terrible coach and that is why they did not hire him. But unless they get the case kicked out (motion to dismiss and/or motion for summary judgment), they will have to make some of their arguments to a jury. (I am not following the details of the case very closely, but I don't think all of the claims were denied arbitration. That is, some claims are subject to the arbitration provision of his contract, but I believe most of them will go to a jury.)

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#15 · May 21, 3:40 PM CT
DA
Joined Feb 2014
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Daniel McRandall wrote:

I thought I read somewhere yesterday that the new updated lawsuit included 31 teams, not 32 and it was the Vikings that were NOT included. That would tend to make the most sense as the Vikings have basically shown that they think he is a huge asset worthy of an extension.

Not exactly. I believe the complaint names as defendants 6 teams plus the NFL. Recently, it was reported that he sent subpoenas for documents to 25 teams. Here is the confusion. There is no need to send subpoenas to the 6 teams he has sued or to the NFL, whom he also sued. They are parties to the lawsuit and are required to respond to document requests without subpoenas. But he does need to subpoena non-parties in order to obtain document from them. Those 25 teams that received subpoenas are not defendants. Only the 6 teams sued (plus the NFL) are defendants.

However, if we do a little arithmetic we see 6 defendant franchises plus 25 subpoenaed teams equals 31 teams. There is one team missing. ☺️

edited May 21, 2026 3:50 PM CT
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#16 · May 21, 3:49 PM CT
DA
Joined Feb 2014
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Canthony wrote:

Why though? His handling of the offense was horrific. He was known as combative with the staff and young players. Went through 4 OC's in 3 years. He didn't know how to handle a HC job. Everyone wants to point at the big bad men owners like everything is unfair. Maybe it was simply Flores fault. These conversations go from team to team. What owner wants a coach that is like that? He is a DC, just like Zimmer was. Both very similar situations IMO. Zimmer couldn't grasp the other side of the ball either or how to handle it. As an owner, would you want to hire someone with these red flags to be the head of your football team?

"Brian Flores' offensive struggles highlight his high staff turnover, rigid communication, and clash with quarterbacks during his tenure as Miami Dolphins head coach. These breakdowns ultimately contributed to his firing despite securing back-to-back winning seasons. 
Constant Turnover: Flores went through four offensive coordinators and four offensive line coaches in just three seasons in Miami. Analysts point to this lack of continuity as a major culprit in the offense's failure to establish a cohesive identity.
Quarterback Clashes: Former Dolphins quarterbacks Ryan Fitzpatrick and Tua Tagovailoa have both publicly spoken about his confrontational and demoralizing management style. Tagovailoa noted that the constant negativity was hindering rather than helping his development.
Defensive-Minded Disconnect: As a defensive specialist, Flores often struggled to foster a developmental environment for offensive personnel. His disconnect with young offensive players became a significant red flag during his subsequent head coaching interviews"

I have no idea about the merits of the lawsuit. I assume @Mike Olson 's prediction that Flores will get some money from the lawsuit relies on some assumptions.

First, that the NFL and the sued teams will NOT be able to get rid of the lawsuit short of trial.

Second, that the NFL and the sued teams (or other non-defendant teams) have some unflattering evidence that they do not want to see the light of day. (This is one of the main reasons organizations want arbitration rather than court for dispute resolution: PRIVACY. Trials are public.)

Third, if Flores can survive all of the dispositive motions and if discovery turns up some unflattering evidence, the NFL and/or teams may decide to throw money at the problem (Flores) to make it go away.

But maybe Flores cannot be bought off with money. And what about his responsibilities to the unnamed plaintiff? Unfortunately, I am not a class action lawyer and am not competent to address that issue. Clearly, the NFL and the teams will not want a partial settlement. That will not help them to hide the bad documents. It has to be all or nothing.

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#17 · May 21, 4:08 PM CT
purplefaithful
Joined May 2013
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I guess the question to ask ourselves is can people learn, grow from their mistakes, from their experiences and be better tomorrow?

That's what I hope from myself and how I tried to raise my kids.

Same would apply to BFlo and K1 too.

Hurry-up Vikings, we ain't getting any younger! 

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#18 · May 21, 4:39 PM CT
JR44
Joined Aug 2017
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dadevike wrote:

He hired one of the best plaintiffs' employment firms in the country. Are you suggesting he would not have hired them if they had black lawyers?
He does not seem to be all about himself. The case was brought as a class action, not just for himself. This means he is suing not only for himself, but also on behalf of unnamed plaintiffs. It also means he has to show that he can adequately protect the interests of the unnamed plaintiffs and that his firm is competent to litigate the case.
In the complaint he explicitly cites the Rooney Rule and alleges that some teams hold sham interviews with black coaches and front office personnel to satisfy the Rule but in doing so are violating the spirit of the Rooney Rule. So the complaint does have a lot to do with the Rooney Rule.

Not saying he would not hire them if they had black lawyers, but that he didn't hire any black lawyers. Do you not see the hypocrisy in that?!

If he truly cared about the black community and anyone other than himself, why not hire a law firm with black lawyers? OR how about a law firm with at least one black lawyer? His law firm has FIFTEEN lawyers and not one of them is black. Do you mean to tell me there is not one top law firm that has a black lawyer? So Flores is accusing the NFL of not hiring blacks, while he himself does not.

He started this lawsuit after he got fired for being complete dictator and verbally abusing others. He proceeded to make it about race an the Rooney rule which had nothing to do with him getting fired or not getting another position. If you looked at him and this case objectively you would see how truly it is all garbage.

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#19 · May 21, 4:49 PM CT
Canthony
Joined Oct 2013
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purplefaithful wrote:

I guess the question to ask ourselves is can people learn, grow from their mistakes, from their experiences and be better tomorrow?
That's what I hope from myself and how I tried to raise my kids.
Same would apply to BFlo and K1 too.

IF you dive into his HC tenure, it is really bad. Down to what players and coaches have said about him. I am not saying it is right or wrong, but I would bet being that confrontational is what would have owners think otherwise. Then once he went full on with it and took on the NFL owners essentially, was the dagger. Once he went that route, it cost him his second chance and being able to change. When you have that many red flags against you, and you have multiple players and coaches speak about it, you don't have the luxury to take on the owners. If that makes sense.

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#20 · May 21, 5:21 PM CT
SK
Joined Apr 2026
4 posts
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I’m pretty sure he hired a law firm and they put lawyers on the case. He just hired the best place he could.

The Rooney rule is a sham just like DEI. That’s what Flores is saying. Hire the best man for the job. Why should Brian Flores have to go meet John Elway who is drunk and 3 hours late for his meeting. Elway already hired his guy. Why waste BF’s time?

Crying about skin color is not cool. Best man for the job. It’s 2026. If Jerry Jones wants to hire subpar coaches because he’s racist then let’s let him .

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#21 · May 21, 5:28 PM CT
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