Back to the 1-yard line.

EDITOR’S NOTE: A version of this post was previously published on Forbes.com.

EDITOR’S NOTE: A version of this article was originally published on Forbes.com.

The race discrimination case of Coach Brian Flores against the National Football League and some of its clubs has made no meaningful progress since it was filed in February 2022.

Will Gruden fight on?

A version of this article was initially published on Forbes.com.

This week, the Nevada Supreme Court reversed a lower court holding that Jon Gruden, former head coach of the Las Vegas Raiders, did not have to arbitrate his claims against the National Football League and Commissioner Roger Goodell. Mr. Gruden, whose claims relate to his forced resignation in October 2021, now faces the prospect of an arbitration process that may – or may not – be controlled by Commissioner Goodell.

Arbitration evaders, take note.

Where does the case go from here?

The court punted.

The precedents conflict.

The league failed to address bad precedent.

Here is the arbitration language at issue in the Flores litigation.

Will a federal judge in New York reach a different conclusion?