Wednesday, January 10, 2024, Oral Argument
THE NAT'L FOOTBALL LEAGUE VS. GRUDEN
Las Vegas – 1:30 P.M. – Cadish/Pickering/Bell
ADKINS VS. UNION PACIFIC RAILROAD COMPANY
Las Vegas – 2:00 P.M. – Cadish/Pickering/Bell
THE NAT'L FOOTBALL LEAGUE VS. GRUDEN
Docket No. 85527
Las Vegas – 1:30 P.M. – Cadish/Pickering/Bell
This is an appeal from a district court’s denial of a motion to compel arbitration. Gruden (a former NFL head coach) brought a claim against the NFL and the NFL Commissioner alleging they tortiously leaked Gruden’s emails to the press, causing Gruden to resign and reputational injury. NFL Parties moved to compel arbitration under a clause in the NFL Constitution and as a nonsignatory under Gruden’s coaching contract on a theory of equitable estoppel. The district court denied the motion, finding (1) no valid agreement to arbitrate existed between the parties; (2) the claims were beyond the scope of the clauses; and (3) the clauses were unconscionable. This appeal followed.
ADKINS VS. UNION PACIFIC RAILROAD COMPANY
Docket No. 85569
Las Vegas – 2:00 P.M. – Cadish/Pickering/Bell
Plaintiffs sued multiple defendants in district court, alleging various personal injuries and wrongful death due to toxic-chemical contamination of the land that the Clark County Government Center was built on. They invoked the discovery rule for the limitations period under NRS 11.190(4)(e). The district court concluded that NRS 11.190(4)(e) does not incorporate the discovery rule, and that plaintiffs’ claims are time barred. On appeal, the issues are (1) whether NRS 11.190(4)(e) incorporates the discovery rule, so that plaintiffs’ claims are not time barred; or, in the alternative, (2) whether the limitations period should be equitably tolled under Fausto v. Sanchez-Flores or whether plaintiffs failed to adequately raise that issue below.