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New York Football Giants, Inc., et al. v. Brian Flores

Paid petition · United States Court of Appeals for the Second Circuit, No. 23-1185 · judgment August 14, 2025


Certiorari denied · May 26, 2026
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a business petitioner.

Question presented

Whether an arbitration agreement governing disputes in a professional sports league is categorically unenforceable under the Federal Arbitration Act because it designates the league commissioner as the default arbitrator and permits the commissioner to develop arbitral procedures. (I)

Counsel of record

For petitioner
Kannon K. Shanmugam
Davis Polk & Wardwell LLP

For respondent
Douglas Holden Wigdor
Wigdor LLP

Case

Conference history
Distributed for 5 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. May 26 2026
    Petition DENIED. Justice Kavanaugh would grant the petition for a writ of certiorari.
  2. May 18 2026
    DISTRIBUTED for Conference of 5/21/2026.
  3. May 11 2026
    DISTRIBUTED for Conference of 5/14/2026.
  4. Apr 27 2026
    DISTRIBUTED for Conference of 5/1/2026.
  5. Apr 20 2026
    DISTRIBUTED for Conference of 4/24/2026.
  6. Mar 25 2026
    DISTRIBUTED for Conference of 4/17/2026.
  7. Mar 25 2026
    Reply of petitioners New York Football Giants, Inc., et al. filed. (Distributed)
  8. Mar 06 2026
    Brief of respondent Brian Flores in opposition filed.
  9. Feb 05 2026
    Brief amici curiae of Atlantic Legal Foundation, et al. filed.
  10. Jan 28 2026
    Motion to extend the time to file a response is granted and the time is extended to and including March 6, 2026.
  11. Jan 26 2026
    Motion to extend the time to file a response from February 5, 2026 to March 6, 2026, submitted to The Clerk.
  12. Jan 02 2026
    Petition for a writ of certiorari filed. (Response due February 5, 2026)