Cardinals Face Another Michael Bidwill Fight Fans Wont Ignore

As two ex-employees take legal action against the Arizona Cardinals and owner Michael Bidwill for alleged racial discrimination, questions arise about the influence of arbitration and judicial bias in determining justice.

On the same day the Cardinals hit a franchise low with a ninth straight home loss, the team found itself facing another legal fight.

Former executive assistant Kendra Hogue and former assistant coach Don Shumpert filed a joint lawsuit in Arizona state court on May 26 against the Cardinals, Michael Bidwill and others, according to Theo Mackie of the Arizona Republic. The suit includes claims of racial discrimination, retaliation, defamation and constructive termination.

The defendants moved the case to federal court on June 1. Then, on September 19, federal judge John Hinderaker sent the matter to arbitration, with the Commissioner selecting the arbitrator.

That ruling puts the case into the familiar NFL arbitration system, where disputes against teams are often routed away from open court. Whether that system holds up continues to be a live issue, with courts increasingly taking a harder look at mandatory arbitration clauses that steer cases toward the league’s preferred process.

Hinderaker was appointed to the bench by President Trump during his first term. Arizona sits in the U.S. Court of Appeals for the Ninth Circuit, a court with a history of pro-worker rulings, which could matter later if the plaintiffs challenge the arbitration setup before a three-judge panel.

The Cardinals are already no strangers to the litigation tied to the league’s broader arbitration battles. The team is also a defendant in the Brian Flores case because of the firing of coach Steve Wilks after just one season.

That case followed the same early path. A federal judge enforced the NFL’s arbitration clause at the start, but more than four years later, most of the Flores claims are headed for open court rather than the league’s chosen arbitrator.

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