Brian Flores suing NFL, Giants over "sham" Rooney rule - "mistakenly" (?) sent Belichick text may be linchpin

OCST

Sunny von Bulow
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How did he torpedo it? That errant text may set fire to the NFL and I am here for it.
Absolutely

This is a guy who wants to play the game the right way (both on and off field). He’s more conservative, in the football coach temperament sense, than the people he’s suing.

This isn’t Kaep who is easy to write off for those inclined, as a PC BLM martyr. This is Curt Flood or Messersmith.
 

Eddie Jurak

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I think BB knew he was texting Brian Flores. He opened the conversation with "Sounds like you have landed - Congrats".

"Sounds like you have landed" is something you say to someone who doesn't have a job but is looking (Flores), it's not something you say to someone who already has a job and is being offered a better opportunity (Daboll).
I think this is parsing things too finely. I think "Sounds like you have landed" is something BB might reasonably have said to Daboll.
I would also add that when people hold out the idea that the league is 70% black as perfect evidence as to why there has to be racism when there is a dearth of black assistant and position coaches. A lot of former players dont want to put in the time for the small amount of dimes to be a coach. It is more time for far less money than being a player. When you read stories about folks breaking in a lot of them started out as the equivalent of interns or being paid a pittance for a ton of work (kind of a like a TA in grad school). You have to want to be a coach and be around the game to an epic degree to want to do that and it often takes you bouncing around in college from place to place too. If you have made it as a player, that doesnt sound too attractive. Also seems fair to say that a lot of these feeder links and networks have historically not had a ton of African Americans coming through those pipelines. I suspect that will/is changing but the change will be a lot slower than people think (at least pre-Flo).
You are making an implicit assumption along racial lines here that you haven't supported with anything but conjecture. (White former players are willing/able to put in the work, not so much for black former players). Maybe that's true, maybe not, but it ought to be discussed directly and with awareness of evidence (or lack thereof), rather than being snuck in implicitly.
Except that Flores has stated that he wants a jury trial. He wants this all to be made public. Someone will hire him -- Kraft/Belichick, maybe? Honestly, he might land as a DC in Vegas with McDaniels -- say what you will about the Davis family, they're not racists and they like to thumb their nose at the NFL. He's too talented of a coach, though I said Kaep was too talented of a QB.
Could just be posturing.
 

jacklamabe65

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For pure entertainment, this thread - and the story - is going to be what gets us all through a long winter and a potential spring without baseball. I love it when entitled rich white guys get their panties all balled up and prove to be the snowiest of flakes. On a much higher level, I admire what Flo is doing, am actively rooting for him, respect his courage, and think he could win in a jury case. We should all take a knee for Brian Flores.
 

Garshaparra

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Except that Flores has stated that he wants a jury trial. He wants this all to be made public. Someone will hire him -- Kraft/Belichick, maybe? Honestly, he might land as a DC in Vegas with McDaniels -- say what you will about the Davis family, they're not racists and they like to thumb their nose at the NFL. He's too talented of a coach, though I said Kaep was too talented of a QB.
There's no way the NFL will ok a coaching hire of someone in the midst of suing them for hiring practices. Flores's NFL coaching career is very likely done. He does stand to make a significant amount from this lawsuit if his allegations are proven though, as he could easily claim damages of 25-30x the average HC's salary, assuming a lengthy career. After all, he got fired after 3 seasons of team play around .500, despite a ton of holes and limited QB play. He's clearly good enough to coach for a long time. He'll likely end up in college ball or the CFL in the meantime.
 

BaseballJones

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So from the NFL's perspective, which is the bigger issue: the charge of racism in hiring practices, or the claim that Miami's owner wanted to pay Flores to lose games, and to tamper with Brady - who was still under contract with NE at the time?

Easy to root for Flores in this, based on what I think we know at this point in time.
 

mauf

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Any SoSH lawyers have an idea of how Flores’s attorneys can get around Walmart v. Dukes? This seems like precisely the sort of claim that the Supreme Court has held cannot be adjudicated on a class basis.

Flores can of course sue individually for discrimination, but that has to go through an administrative process first, as Flores’s lawyers acknowledge in the complaint. And even when Flores’s individual case proceeds in court, I don’t think it will put the NFL’s personnel policies on trial in the way people are eagerly anticipating — though it certainly could air the Dolphins’ dirty laundry.
 

Otis Foster

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I don’t have anything to add to this deep and respectful discussion. The entire thread stands as one of the clearest and most thoughtful analyses of structural racism I’ve come across, written in vernacular even the most hard headed ideologue can parse.I’m involved with several 501c3 organizations struggling with DBIE training for its directors, and I’m inclined to use extracts from this discussion to make a critical point - racism doesn’t require intentionality, it should focus on disparate effect, however generated.
 

TFP

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Oh, it's better than that they were hungover. Elway's claiming in 2019 that he was dealing with the side effects from Ivermectin.

View: https://twitter.com/NFLGrandheer/status/1488637738798702592


Of course, this was goddamn gold.

View: https://twitter.com/LaCroixPolamalu/status/1488668058474491906
Reread the original tweet again. It’s not real, but it’s really funny.

Why would Elway be taking Ivermectin in January 19?
Think of what Invermectin is actually supposed to be used for
 

Bread of Yaz

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Any SoSH lawyers have an idea of how Flores’s attorneys can get around Walmart v. Dukes? This seems like precisely the sort of claim that the Supreme Court has held cannot be adjudicated on a class basis.

Flores can of course sue individually for discrimination, but that has to go through an administrative process first, as Flores’s lawyers acknowledge in the complaint. And even when Flores’s individual case proceeds in court, I don’t think it will put the NFL’s personnel policies on trial in the way people are eagerly anticipating — though it certainly could air the Dolphins’ dirty laundry.
As someone who has spent his career defending class actions, I can say there is close to zero chance the case gets certified: each hiring decision depends on unique facts and circumstances and the evidence would differ. Only way to get certification would be if Flores got past a motion to dismiss, got into discovery, and found a smoking gun memo or emails that said the Rooney Rule was entirely a sham, did not need to be followed, could and should be disregarded with no consequences etc. Even the dopes at the NFL are not stupid enough to put something like that in writing.
 

Dotrat

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Come on. I thought for sure this was a story from the Onion on first read.
Exactly! Stanford grad John Elway thinks that dealing with the side effects of a useless treatment for what was at the time a non-existent pandemic makes him look better than being hung over. Thurber, Wodehouse, and Sturges are pikers compared to Kevin Grandheer.
 
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MuppetAsteriskTalk

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I can't tell if you guys are just taking the joke to another level, or have really fallen for the Elway tweet. But ummm, Elway (people used to call him horse face), Broncos, horseshit, Invermectin, "stable"... Come on guys.
 

Harry Hooper

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As someone who has spent his career defending class actions, I can say there is close to zero chance the case gets certified: each hiring decision depends on unique facts and circumstances and the evidence would differ. Only way to get certification would be if Flores got past a motion to dismiss, got into discovery, and found a smoking gun memo or emails that said the Rooney Rule was entirely a sham, did not need to be followed, could and should be disregarded with no consequences etc. Even the dopes at the NFL are not stupid enough to put something like that in writing.
Great screen name and interesting post. Unlikely to see the light of day, but I imagine there could be emails or texts from a team front office type to NFL HQ along the lines of "My owner is hiring X, but we're good with Rooney as long as we bring Y in for an interview next week, right?"
 

cornwalls@6

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I absolutely think Flores is on the righteous side of these issues. But having read this thread, and particularly our legal experts here, I’m wondering, other than damages awarded for Flores, and the league being rightly embarrassed, what is the end game here? How will a win, or lucrative settlement for Flores facilitate broad based, systematic change in hiring throughout the league? A quota system, whereby the league takes over hiring of coaches and GM’s, thereby assuring a higher % of both, more in line with the population of the leagues players? Draft incentives and/or disincentives for hiring/not hiring minority candidates? And how does the lack of black ownership get addressed? I think all people of good will want progress and change on these issues. The mechanics of how to make those changes remains, to me anyway, difficult to get a handle on. I’d love to hear others thoughts on tangible ways towards progress.
 

ifmanis5

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That NFL statement read like the the threatening letter Tom Cruise got in Eyes Wide Shut.
We know where Roger and the owners stand by now. Get 'em, Flo.
 

OCST

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Zero institutional protection! /s
I think the pay-the-coach-to-tank angle is going to blow up.

A closed-club sports league, with franchises granted by the league, TV and marketing revenue split, and drafts in inverse order of finish, is such a screwy model. Anti-competitive pressure is baked into the cake.

I don't know antitrust well enough to define this. I don't know if what the Dolphins did* by affirmatively trying to tank is actionable, under a statute, common law, owners' agreement, whatever, as a failure to compete in good faith or however you define it. It smells very bad.


*(as a thing in itself, not as a thing done to Flores )
 

Shelterdog

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Except that Flores has stated that he wants a jury trial. He wants this all to be made public. Someone will hire him -- Kraft/Belichick, maybe? Honestly, he might land as a DC in Vegas with McDaniels -- say what you will about the Davis family, they're not racists and they like to thumb their nose at the NFL. He's too talented of a coach, though I said Kaep was too talented of a QB.
This isn't my legal area but the chances of this going to trial is miniscule. There are a bunch of legal defenses but even if it gets to the eve of trial there's a very good chance the defendants just pay out a yuge amount of money to avoid a trial. There will also be confidentiality agreements in place restricting the publication of these materials out of court so the amount of high publicity stuff maybe dissapointing
 

OCST

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I absolutely think Flores is on the righteous side of these issues. But having read this thread, and particularly our legal experts here, I’m wondering, other than damages awarded for Flores, and the league being rightly embarrassed, what is the end game here? How will a win, or lucrative settlement for Flores facilitate broad based, systematic change in hiring throughout the league? A quota system, whereby the league takes over hiring of coaches and GM’s, thereby assuring a higher % of both, more in line with the population of the leagues players? Draft incentives and/or disincentives for hiring/not hiring minority candidates? And how does the lack of black ownership get addressed? I think all people of good will want progress and change on these issues. The mechanics of how to make those changes remains, to me anyway, difficult to get a handle on. I’d love to hear others thoughts on tangible ways towards progress.
I agree.

It's hard to incentivize doing the right thing.

It's easier to punish doing the wrong thing.

But then you need a smoking gun.
 

Dave Stapleton

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Flores is on cbs this morning. After hearing it in his own words, I’ve got so much respect for him and what he’s attempting to do.
And on ESPN pretty much unanimous support for Flores and his cause. This isn’t going away and I really respect him for what he’s doing here.
 

BroodsSexton

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Any SoSH lawyers have an idea of how Flores’s attorneys can get around Walmart v. Dukes? This seems like precisely the sort of claim that the Supreme Court has held cannot be adjudicated on a class basis.

Flores can of course sue individually for discrimination, but that has to go through an administrative process first, as Flores’s lawyers acknowledge in the complaint. And even when Flores’s individual case proceeds in court, I don’t think it will put the NFL’s personnel policies on trial in the way people are eagerly anticipating — though it certainly could air the Dolphins’ dirty laundry.
I agree, there are issues with class certification. Those issues have been discussed already in the thread.

As pleaded, though, he doesn't need to go through the EEOC administrative process first--he suing under 1981 for discriminatory making and enforcement of contracts (and says he will amend to add a Title VII claim later, i.e., employment discrimination). That claim doesn't require a right to sue letter. And, of course, he has NY and NJ state discrimination claims which are presumably (and certainly, under NY law) less administratively onerous. The correct question is how he gets by Comcast on the 1981 claim. Here's a summary.

The claim is a bit barebones on the 1981 theory. It may be vulnerable. But I'm probably letting it go forward at this stage if I'm the trial judge, because (i) the state law discrimination claims are fine; and (ii) if the court dismisses the 1981 claim, it loses jurisdiction before the Title VII claim is ripe, which will provide an alternate basis upon which to assert jurisdiction. If it were bounced, he could refile in state court. But I don't see a federal judge voluntarily giving up this case so quickly, just because Flores filed timely (before the EEOC could issue the right to sue letter, which is just a ministerial act, essentially).
 

BaseballJones

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The NFL was willing to spend well north of $15 million to go after Tom Brady for the dumbest, fakest of things. They pay Roger Goodell, of all people, some $64 million a year. The NFL made $9.8 BILLION this year. See: https://www.cnbc.com/2021/09/08/nfl-2021-season-whats-happening-with-the-leagues-business.html

"The NFL made about $9.8 billion in national revenue, with 32 teams receiving a record $309 million each, according to shareholder filings from the Green Bay Packers."

The NFL can afford, without even breaking a sweat, to pay off Flores handsomely and not even feel a dent in the wallet. If this settles out of court, yes Flores will get compensated, but that will do nothing to change the corrupt system that's in place. In order for this to truly change, I believe we need to see an actual verdict against the NFL, and/or we need to see the antitrust exemption removed (though I admit I don't exactly know all the ramifications of THAT). A settlement might satisfy Flores' bank account, but it won't solve the ISSUE.
 

sodenj5

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Ton of respect for Flores as a man of color knowingly potentially tanking his coaching career for the better good.

In his interviews, he says he believes that because he wouldn’t play ball and wouldn’t meet with Brady and wouldn’t agree to intentionally lose games, it contributed to his eventual dismissal.

I would argue that’s overlooking the fact that Flores missed the playoffs in three straight years, started this season 1-7, botched the offensive side of the team for three straight seasons, and put on a masterclass in how to not bring along a franchise QB.

There were plenty of strictly football related things that could have gotten Flores fired at the end of this year. There were plenty of other red flags that popped up along the way.

I’m not saying his argument is without merit nor am I saying that what happened with the Giants is false, but I think this is also him painting his side of the story after he got dragged a bit in the media the last few weeks.
 

BaseballJones

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Ton of respect for Flores as a man of color knowingly potentially tanking his coaching career for the better good.

In his interviews, he says he believes that because he wouldn’t play ball and wouldn’t meet with Brady and wouldn’t agree to intentionally lose games, it contributed to his eventual dismissal.

I would argue that’s overlooking the fact that Flores missed the playoffs in three straight years, started this season 1-7, botched the offensive side of the team for three straight seasons, and put on a masterclass in how to not bring along a franchise QB.

There were plenty of strictly football related things that could have gotten Flores fired at the end of this year. There were plenty of other red flags that popped up along the way.

I’m not saying his argument is without merit nor am I saying that what happened with the Giants is false, but I think this is also him painting his side of the story after he got dragged a bit in the media the last few weeks.
There's a hell of a lot of assumptions built into the bolded, my friend.
 

BroodsSexton

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There were plenty of strictly football related things that could have gotten Flores fired at the end of this year. There were plenty of other red flags that popped up along the way.
Right, but would they have existed, or gotten him fired, if he were not black. That's the $64,000 question.
 

Jinhocho

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I think this is parsing things too finely. I think "Sounds like you have landed" is something BB might reasonably have said to Daboll.
You are making an implicit assumption along racial lines here that you haven't supported with anything but conjecture. (White former players are willing/able to put in the work, not so much for black former players). Maybe that's true, maybe not, but it ought to be discussed directly and with awareness of evidence (or lack thereof), rather than being snuck in implicitly.
Could just be posturing.
Not really Eddie. My point was simply most players do not want to be coaches so citing 70% black league is not the be all end all. My guess, based off my own industry, is that the pipelines for a white person wanting to go into coaching would be much more developed than a black player. From the folks I know who have made careers in coaching (few in football) is that many of them spend years in very low paying jobs, moving from place to place for a better job or following a mentor as they rise, etc. So most of the people who put in that work say over the last twenty years or, better yet, were given opportunities to put in that work over the last 20 years or longer were white. I would imagine a lot of good could be done - if it hasnt already - in bulking up those kinds of opportunities for minority candidates in college, developmental leagues and beyond. Those would likely do a lot more good in helping create opportunities for a whole new generation of folks to have access to these kinds of positions. It is probably slower and deeply unsexy work, but the payoff over time would be high and it would be cheap for the NFL or NCAA (if they arent already doing it).

FWIW, I am a huge fan of Flores and while I greatly admire his courage I worry he will not get a job because of it. He did everything right that I could see with the Pats and then went on and did an excellent job with the Dolphins. And fuck the NFL.
 

RedOctober3829

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Ton of respect for Flores as a man of color knowingly potentially tanking his coaching career for the better good.

In his interviews, he says he believes that because he wouldn’t play ball and wouldn’t meet with Brady and wouldn’t agree to intentionally lose games, it contributed to his eventual dismissal.

I would argue that’s overlooking the fact that Flores missed the playoffs in three straight years, started this season 1-7, botched the offensive side of the team for three straight seasons, and put on a masterclass in how to not bring along a franchise QB.

There were plenty of strictly football related things that could have gotten Flores fired at the end of this year. There were plenty of other red flags that popped up along the way.

I’m not saying his argument is without merit nor am I saying that what happened with the Giants is false, but I think this is also him painting his side of the story after he got dragged a bit in the media the last few weeks.
He had a team in 2019 that was designed to go 0-16 and got 5 wins out of it. Then he was above .500 the other 2 years. Most coaches would get more time.
 

DennyDoyle'sBoil

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Any SoSH lawyers have an idea of how Flores’s attorneys can get around Walmart v. Dukes? This seems like precisely the sort of claim that the Supreme Court has held cannot be adjudicated on a class basis.

Flores can of course sue individually for discrimination, but that has to go through an administrative process first, as Flores’s lawyers acknowledge in the complaint. And even when Flores’s individual case proceeds in court, I don’t think it will put the NFL’s personnel policies on trial in the way people are eagerly anticipating — though it certainly could air the Dolphins’ dirty laundry.
For damages or for injunctive relief that includes damages (like certain kinds of backplay claims or theories) Walmart is a huge hurdle. For injunctive relief claims counsel may be able to fashion a type of relief by at least some of the defendants (the league) that would meet Walmart’s commonality requirement at least as to some subset of the class. Very thin needle to thread.

The class here is not actually that large, which gives them some room for creativity to find common questions amenable to an injunction or equitable relief that they are similarly eligible for.
 

sodenj5

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There's a hell of a lot of assumptions built into the bolded, my friend.
Not so sure about that. He built an offense to suit his stop-gap veteran QB in Tua’s rookie year. He even went and recruited Fitzy’s old OC out of retirement.

He put Tua into the lineup after Fitz had won a few games in a row and seemed to stabilize the ship. This immediately resulted some locker room fracturing and Fitz literally doing a press conference in tears. He told no one about this beforehand, including Fitz, Tua, or Gailey.

He yanked Tua in and out of the lineup when things weren’t going well instead of letting him take his lumps and gain experience. He was concerned about winning at all costs and not developing Tua.

Last year, Flores was on his 3rd offensive staff in 3 years and decided that it was best to try and use two offensive coordinators and have neither of them call the plays into Tua.

Then when Tua was injured, Flores claimed that he wasn’t healthy enough to start, but healthy enough to play. When it appeared that Jacoby Brissett was backfiring on Flores, he puts in a “too hurt” Tua to bail him out and win the Ravens game.

Compare literally any of these examples to how the Patriots handled Mac Jones, or how the Bengals handled Joe Burrow.
 

sodenj5

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He had a team in 2019 that was designed to go 0-16 and got 5 wins out of it. Then he was above .500 the other 2 years. Most coaches would get more time.
Agree 100%. They outperformed expectations in 2019. And maybe in 2020. 2021 was a significant step back covered up by a king winning streak against and opponents.

Should he have been fired for that? I would say no, but it isn’t my decision to make.
 

Strike4

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Flores is on cbs this morning. After hearing it in his own words, I’ve got so much respect for him and what he’s attempting to do.
The sports radio guys here in Maine - not as bad as Boston area, but not the most enlightened bunch - said much the same thing. They are also honing in, without really knowing it, on the structural racism at work and how the NFL pays cynical lip service by emblazoning the end zone with message and putting stickers on helmets. They openly talked about the glass ceiling for black coaches - basically they can't advance beyond coordinator, and there is a reason for it.

I think Flores is doing a brave thing and so far is going about it the right way. It's not about winning a suit or getting a coaching job, it's about exposing how a society-wide problem is manifested in the NFL.
 

lexrageorge

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Ton of respect for Flores as a man of color knowingly potentially tanking his coaching career for the better good.

In his interviews, he says he believes that because he wouldn’t play ball and wouldn’t meet with Brady and wouldn’t agree to intentionally lose games, it contributed to his eventual dismissal.

I would argue that’s overlooking the fact that Flores missed the playoffs in three straight years, started this season 1-7, botched the offensive side of the team for three straight seasons, and put on a masterclass in how to not bring along a franchise QB.

There were plenty of strictly football related things that could have gotten Flores fired at the end of this year. There were plenty of other red flags that popped up along the way.

I’m not saying his argument is without merit nor am I saying that what happened with the Giants is false, but I think this is also him painting his side of the story after he got dragged a bit in the media the last few weeks.
It's fair to have differences of opinion on Flores' coaching acumen. However, on the bolded, I think you're significantly downplaying what happened after he was fired. Normally, organizations just say that they felt a different direction was needed, and so made the difficult decision to let the coach go. Instead, the Dolphins deliberately leaked a bunch of stories about how difficult Flores was to work with, leaks that were directly damaging to Flores's own career prospects.

It was far worse than just Flores being "dragged a bit in the media".
 

loshjott

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Except that Flores has stated that he wants a jury trial. He wants this all to be made public. Someone will hire him -- Kraft/Belichick, maybe? Honestly, he might land as a DC in Vegas with McDaniels -- say what you will about the Davis family, they're not racists and they like to thumb their nose at the NFL. He's too talented of a coach, though I said Kaep was too talented of a QB.
Flores probably would have gotten close to half a dozen DC offers if he kept his mouth shut and moved on from the Dolphins. Why should he settle for one now?
 

sodenj5

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It's fair to have differences of opinion on Flores' coaching acumen. However, on the bolded, I think you're significantly downplaying what happened after he was fired. Normally, organizations just say that they felt a different direction was needed, and so made the difficult decision to let the coach go. Instead, the Dolphins deliberately leaked a bunch of stories about how difficult Flores was to work with, leaks that were directly damaging to Flores's own career prospects.

It was far worse than just Flores being "dragged a bit in the media".
I can certainly see how if you’re Brian Flores, you take it as a personal assault on your character and an attempt to prevent you from getting another job.

To me, it read mostly as Miami trying to cover their own ass for firing what appeared to be a good head coach. Or at least good enough to likely deserve another year, in my opinion.
 

BaseballJones

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Not so sure about that. He built an offense to suit his stop-gap veteran QB in Tua’s rookie year. He even went and recruited Fitzy’s old OC out of retirement.

He put Tua into the lineup after Fitz had won a few games in a row and seemed to stabilize the ship. This immediately resulted some locker room fracturing and Fitz literally doing a press conference in tears. He told no one about this beforehand, including Fitz, Tua, or Gailey.

He yanked Tua in and out of the lineup when things weren’t going well instead of letting him take his lumps and gain experience. He was concerned about winning at all costs and not developing Tua.

Last year, Flores was on his 3rd offensive staff in 3 years and decided that it was best to try and use two offensive coordinators and have neither of them call the plays into Tua.

Then when Tua was injured, Flores claimed that he wasn’t healthy enough to start, but healthy enough to play. When it appeared that Jacoby Brissett was backfiring on Flores, he puts in a “too hurt” Tua to bail him out and win the Ravens game.

Compare literally any of these examples to how the Patriots handled Mac Jones, or how the Bengals handled Joe Burrow.
The assumption is that Tua is a franchise quarterback. Biiiiiig assumption.
 

Ralphwiggum

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He yanked Tua in and out of the lineup when things weren’t going well instead of letting him take his lumps and gain experience. He was concerned about winning at all costs and not developing Tua.
I mean arguing that Flores trying to "win at all costs" is a reason why he should have been fired is . . . something. You are simultaneously killing him for not making the playoffs three years in a row, and also for not sticking with Tua when he had (apparently) made the judgment that a different QB gave him a better chance to win.

You can see why Flores lit his career on fire here to get all of this stuff out there.
 

mauf

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For damages or for injunctive relief that includes damages (like certain kinds of backplay claims or theories) Walmart is a huge hurdle. For injunctive relief claims counsel may be able to fashion a type of relief by at least some of the defendants (the league) that would meet Walmart’s commonality requirement at least as to some subset of the class. Very thin needle to thread.

The class here is not actually that large, which gives them some room for creativity to find common questions amenable to an injunction or equitable relief that they are similarly eligible for.
Also, Flores’s goal probably isn’t to spend the next five years litigating with the NFL. Asserting a class claim opens the door for a negotiated class resolution, even if a determined defendant could defeat certification.
 

PedroKsBambino

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One thing I suspect this does: the pressure on teams hiring a coach near-term to hire someone black is going to go up, and in my view that is a good thing. Flores himself won't be the beneficiary of those likely-influenced-choices but it to me speaks to what he's trying to accomplish
 

DennyDoyle'sBoil

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I think the pay-the-coach-to-tank angle is going to blow up.

A closed-club sports league, with franchises granted by the league, TV and marketing revenue split, and drafts in inverse order of finish, is such a screwy model. Anti-competitive pressure is baked into the cake.

I don't know antitrust well enough to define this. I don't know if what the Dolphins did* by affirmatively trying to tank is actionable, under a statute, common law, owners' agreement, whatever, as a failure to compete in good faith or however you define it. It smells very bad.


*(as a thing in itself, not as a thing done to Flores )
This aspect does get a bit lost in the overall case.

if there is an existential threat the the NFL in 2022 I think it would be match fixing given the immense popularity of fantasy football and gambling.

This is not ”don’t try your hardest.” This is “we will pay you to lose.”

That this comes out in a case where the NFL is a defendant and so has to be in a defensive posture about it distorts everything. This is an allegation you would think the league and other clubs would ordinarily take seriously but now they have to circle the wagons and hope Flores loses so they can claim it didn’t happen.
 

sodenj5

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The assumption is that Tua is a franchise quarterback. Biiiiiig assumption.
The larger point is that Tua, or any QB within those parameters, wasn’t put in the position to be successful, regardless if you think he’s any good or not.

If you’re a head coach, you are married to the QB you draft, regardless of your opinion of him. Flores didn’t seem to want to develop Tua beyond what he had already seen, and if you believe what’s been reported, was doing a lot of internal pushing to acquire Watson, directly undermining Tua.
 

BroodsSexton

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The larger point is that Tua, or any QB within those parameters, wasn’t put in the position to be successful, regardless if you think he’s any good or not.

If you’re a head coach, you are married to the QB you draft, regardless of your opinion of him. Flores didn’t seem to want to develop Tua beyond what he had already seen, and if you believe what’s been reported, was doing a lot of internal pushing to acquire Watson, directly undermining Tua.
I think we can all express a healthy skepticism, now, about what was being reported.
 

BaseballJones

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The larger point is that Tua, or any QB within those parameters, wasn’t put in the position to be successful, regardless if you think he’s any good or not.

If you’re a head coach, you are married to the QB you draft, regardless of your opinion of him. Flores didn’t seem to want to develop Tua beyond what he had already seen, and if you believe what’s been reported, was doing a lot of internal pushing to acquire Watson, directly undermining Tua.
Maybe he just quickly realized that Tua sucks.
 

rymflaherty

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He had a team in 2019 that was designed to go 0-16 and got 5 wins out of it. Then he was above .500 the other 2 years. Most coaches would get more time.
Others may not find this significant, but the team was 29-19-1 ATS during Flores’ tenure. The only teams that have been better are GB and Buffalo.
So they were far exceeding Vegas’ expectations on a week-to-week basis.

I suppose there’s a “chicken or egg” quality to it, I think that’s some of what sodenj5 was getting at…but personally, I think I’ve landed on the realization that Miami’s been like a 6 win roster these past couple years that Flores had elevated, largely due to his defensive scheme that allows them to win games vs other mediocre to poor teams/QB’s.
 

WestMassExpat

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Pretty much every former professional athlete and coach.
It just sounds contrived and stuck up, when Flores himself at the time was a head coach. Minor quibble, but why not just, "Bill"? It's like one of those old medical dramas where half the dialogue is, "what do you think, doctor?" "I don't know, doctor..."

edit: this is obviously the most important sub-discussion of this tread
 

Euclis20

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Agree 100%. They outperformed expectations in 2019. And maybe in 2020. 2021 was a significant step back covered up by a king winning streak against and opponents.

Should he have been fired for that? I would say no, but it isn’t my decision to make.
However he got there, Miami finished the year with 9 wins. Was that a significant step back? It wasn't what the team and fans wanted, but it was exactly as expected (pre-season over/under was exactly 9 wins).

There are always, always going to be little ways to poke at a suit like this. This is as good a case as we'll see.