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Closing Bell

Court Decision Reinforces NFL's Current Arbitration System

The NFL today won another federal appeals court decision upholding the right of league-appointed arbitrators. The 8th Circuit Court of Appeals overturned a lower court decision that had dismissed an arbitrator’s ruling to uphold the league’s punishment of Adrian Peterson. In that case, Peterson and the NFLPA argued the NFL-appointed arbitrator had been unfair and ignored precedent in upholding the six-game suspension. But the 8th Circuit ruled, “Allowing the Commissioner or the Commissioner’s designee to hear challenges to the Commissioner’s decisions may present an actual or apparent conflict of interest for the arbitrator. But the parties bargained for this procedure, the Association consented to it.”

This follows the 2nd Circuit Court of Appeals similarly rejecting a lower court ruling that had overturned the suspension of Tom Brady. In that case, Commissioner Roger Goodell had acted as the arbitrator. For the NFL, the cases broadly reinforce the current arbitration system and could foreshadow a major area of contention when the union and league re-enter talks to renew the CBA, which expires in '21.

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