New York Football Giants v. Flores

On May 26, 2026, the Supreme Court declined to review a Second Circuit decision that invalidated the parties’ agreement to arbitrate their dispute. The denial of cert was disappointing for WLF, which contended in an amicus brief that the appeals court improperly expanded the effective-vindication exception to the FAA by speculating about the arbitrator’s impartiality—an approach that threatens the enforceability of all arbitration agreements. WLF joined Atlantic Legal Foundation on the amicus brief, which was prepared by Grant Hollingsworth and Brett Covington of Hollingsworth LLP.