Jim Trotter, a journalist, sued NFL in the Southern District of New York. He alleged the NFL retaliated against him and did not renew his employment contract after he publicly challenged Commissioner Roger Goodell on the NFL’s hiring and retention practices.

Jim Trotter is a “renowned and award-winning journalist” formally employed by the NFL between 2018 and March 31, 2023.[i] Mr. Trotter’s contract with the NFL was up for renewal at the end of March 2023. On November 16, 2022, the NFL’s Vice-President of On-Air Talent Management not only stated she could not envision a reason why Mr. Trotter’s contract would not be renewed, but also asked if Mr. Trotter wanted to expand his role in any way.[ii]

While fulfilling his contractually obligated job duties on February 8, 2023, during the NFL’s “State of the League” press conference, Mr. Trotter, who is Black, publicly challenged Roger Goodell, the Commissioner of the NFL, on the NFL’s “deplorable record on hiring, retaining and advancing Black leaders across the organization.”[iii]

The next day, on February 9, 2023, Mr. Trotter’s direct supervisor asked one of Mr. Trotter’s colleagues, “Why does Jim keep bringing this up?[iv]” Three weeks later, the On-Air Talent VP asked Mr. Trotter if he was “in alignment” with the NFL, to which Mr. Trotter said he was “not in alignment with a newsroom that does not have Black representation in decision-making positions[v].” Following that conversation, Mr. Trotter was not given assignments, and Mr. Trotter believed he was being retaliated against. On March 24, 2023, Mr. Trotter was advised his contract was not being renewed[vi].

Case History

On September 12, 2023, Mr. Trotter commenced suit against the NFL, NFL Enterprises LLC, and NFL Network Services, Inc. The complaint contains six causes of action: 1) discrimination under Section 1981, 2) retaliation under Section 1981, 3) discrimination under NYSHRL, 4) retaliation under NYSHRL, 5) discrimination under NYCHRL, and 6) retaliation under NYCHRL.[vii]

On January 26, 2024, the NFL and its related entities moved to dismiss the complaint in full.[viii] The NFL argued Mr. Trotter failed to properly plead a viable retaliation claim in that he was unable to allege he engaged in a protected activity or that he was complaining of unlawful employment practices. Moreover, Mr. Trotter did not plead, nor could he plead, any “plausible inference of any causal connection” between his alleged complaints and the non-renewal of his contract.[ix] Similarly, the NFL argued Mr. Trotter did not properly plead a discrimination claim based on a hostile work environment, or that there was any specific discriminatory conduct targeted at him personally.[x]

On May 29, 2024, the court granted in part and denied in part the NFL’s motion. Plaintiff’s first, third, fourth, fifth and sixth causes of action were dismissed. However, the court the motion as it related to the second cause of action, premised upon the theory of retaliation pursuant to 42 U.S.C. § 1981. As such, the case will proceed on that cause of action alone.

Takeaway

Given the rise of Nuclear Verdicts® in New York and the rest of the country, it is imperative that a plaintiff’s allegations are evaluated and opposed at every step of the legal process. While obtaining dismissal during pre-discovery is extremely difficult, often times defendants will be successful in reducing the number of claims. On other occasions, such as in Mr. Trotter’s case, plaintiffs will argue they do not have a valid cause of action and voluntarily agreed to dismiss those claims.

Keep Reading

In Texas, Giving the “Green Light” Doesn’t Impute Liability for Premises Owners When Independent Contractors Create Hazards United Defense: Collaborating to Combat Nuclear Verdicts® Pennsylvania Abuse Settlement Reinforces Importance of Background Checks in Business Operation My Path to Partner: Maria Kupillas Bill Analysis: California’s AB 2049 and Its Effect On Summary Judgment Motions Red Hot Water: Former Chili Pepper Guitarist Sued in Wrongful Death Action $2+ Million Dollar Damage Award Overturned Due to Court’s to Improper Striking of Expert Witnesses Fight Frivolous Filings! Use a CCP Section 128.7 Motion for Sanctions Effective Closing Argument Strategies and Themes for Avoiding Nuclear Verdicts

More by this author

NFL Tackles Employment Discrimination Suit New Yorkers, Update Your Employment Handbooks – New Family Leave Policies “Real Housewives” Gets a Reality Check Jury Awards a Record-Breaking $120 Million in New York Medical Malpractice Case Gov. Hochul Shoots Down Proposed Damages for Emotional Suffering in Wrongful Death Cases We’re Not Friends – New York Adds Social Media Protections for Employees and Applicants “Yeezy” Does It: Adidas Backs Off on Kanye West Connection Yorkie Dog Subject of NYPD Lawsuit Alleging Civil Rights Violations “Wear and Tear”? in NY, Absent Clear Language, Insurer Beware!

Sources

[i] Complaint, Jim Trotter v. National Football League, NFL Enterprises LLC, NFL Network Services, Inc., Case No. 23-cv-08055-JSR, USDC SDNY.

[ii] Id.

[iii] Id.

[iv] Id.

[v] Id.

[vi] Id.

[vii] Id.

[viii] MEMORANDUM OF LAW IN SUPPORT OF NFL DEFENDANTS’ MOTION TO DISMISS THE COMPLAINT, Jim Trotter v. National Football League, NFL Enterprises LLC, NFL Network Services, Inc., Case No. 23-cv-08055-JSR, USDC SDNY.

[ix] Id.

[x] Id.