One of the more interesting legal cases out there with significant media implications comes from former NFL Network reporter Jim Trotter’s lawsuit against NFL Media and the league. NFL Media opted not to renew Trotter’s contract in March 2023, with that coming around him again asking league commissioner Roger Goodell about the lack of diversity amongst the league’s media arm’s writers and decision-makers.
The NFL Media decision not to bring Trotter back sparked a lot of comment, especially with its close proximity to his second-straight high-profile question on diversity to Goodell at the commissioner’s annual Super Bowl press conference (which Trotter himself said “played a role” in his exit). Trotter declined a severance package with a non-disclosure agreement so he could continue to speak about the league, then quickly landed at The Athletic in April.
Trotter then filed a lawsuit against the NFL in September. That came with bombshell accusations on alleged racial comments from owners Jerry Jones and Terry Pegula, as well as allegations of league interference to quash negative coverage (such as that around the NFL’s alleged intentions to resume the Damar Hamlin game). Goodell and the league quickly disputed many of the lawsuit’s claims publicly, and former attorney general Loretta Lynch filed a motion on the league’s behalf to dismiss the suit in November.
But, as Mike Florio reported at Pro Football Talk Wednesday, Judge Jed S. Radkoff has now denied the league’s motion to dismiss Trotter’s retaliation claim. (He did, however, grant the motion to dismiss Trotter’s hostile work environment claim and his claims under New York State and City law.) And that led to a notable comment from one of Trotter’s attorneys:
Wigdor Partner David Gottlieb on @JimTrotter_NFL case: “With the NFL having failed to get this case dismissed, and with no arbitration agreement to save them, we look forward to finally holding the NFL responsible for its conduct in a forum fully open to the public.” https://t.co/0xvNsAXHl0
— Wigdor LLP (@WigdorLaw) May 29, 2024
As Florio opined in his piece, the lack of an arbitration clause in Trotter’s contract (which has hindered many, but not all, teams and players’ legal challenges against the league, some of which have led to negotiated settlements) does mean there could be some more NFL accountability at play here than usual. Here’s what he wrote on that front:
When former NFL Network reporter Jim Trotter sued the NFL for wrongful termination of his employment, one of the most potent weapons in the NFL’s arsenal wasn’t available. With no arbitration clause in Trotter’s contract, the NFL couldn’t force the case into a secret, rigged kangaroo court.
The NFL instead attempted to knock out the entire case, with a motion to dismiss. On Wednesday, the presiding judge allowed the action to proceed.
It should be noted again that not all of Trotter’s claims here survived this motion to dismiss. And just because this ruling has gone this way does not mean the case will ultimately end with a verdict in Trotter’s favor; it could still be settled, or a NFL motion for summary judgement could be granted (likely after discovery). But his retaliation claim has survived one important hurdle. And that will give him an opportunity to present more of his case, and to question figures like Goodell under oath. And that could have significant implications for the future of the NFL, as well as the (already in-question) future of NFL Media.
