The presiding judge already has ruled that several of the claims should go to arbitration, despite these basic and obvious flaws with the process. It remains to be seen whether the effort works.
SKIPPER THE KANGAROO PROFESSIONAL
It’s like, they explain, “allowing a referee to officiate a professional football game where the referee owns one of the teams.”
And while the law professors devote most of their argument to the more usual (and hard to follow, for non-lawyers) legal terms, they use a football metaphor that any football fan will understand. The document submitted by the law professors also points out something we’ve repeatedly argued here, by calling the league’s arbitration procedures a secret, rigged, kangaroo court. Surely, that approach will inspire other companies to follow the league’s lead. Ironically, the NFL tries to ensure that any lawsuits attacking the league’s failure to properly honor the spirit and letter of the Rooney Rule will be resolved in a way designed to lead to a good outcome. The NFL likes to brag about how other businesses emulate the Rooney Rule. Most significantly as it relates to other employees and other employers, tThe law professors argue that, if the NFL’s position prevails, companies throughout the country “may rewrite their arbitration clauses to imitate the NFL’s provisions whereby a company representative serves as the sole, designated arbitrator for employment disputes or consumer disputes against the company.” They explain that this “could transform arbitration as it has been practiced for decades and damage the credibility of arbitration as a viable form of dispute resolution.”
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