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For collusion. To be heard by their old pal Judge Doty. Even though the new CBA settled all claims known and unknown...
Jones and Snyder gave up after losing their grievance. Unfortunately persuing it at all allows the NFLPA to waste more player funds (and reduce league revenue for 2013) on legal fees in what will ultimately be a losing effort. I guess their goal is manufacturing leverage. Honestly, though, their lead lawyer simply isn't satisfied to bankrupt his own practice, the ultimate goal is for lawyers to bankrupt the union and the league.
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Re: Here we go again, NFLPA files suit against NFL
FYI, here is the pertinent section of the 2011 CBA that precludes this filing:
Quote:
CBA Article 3, Section 3:
(a) The NFLPA on behalf of itself, its members, and their respective heirs, executors, administrators, representatives, agents, successors and assigns, releases and covenants not to sue, or to support financially or administratively, or voluntarily provide testimony of any kind, including by declaration or affidavit in, any suit or proceeding (including any Special Master proceeding brought pursuant to the White SSA and/or the
Prior Agreement) against the NFL or any NFL Club or any NFL Affiliate with respect to
any antitrust or other claim asserted in White v. NFL or Brady v. NFL, including, without limitation…collusion with respect to any League Year prior to 2011…or any claim that could have been asserted in White or Brady related to any other term or condition of employment with respect to conduct occurring prior to the execution of this Agreement.
Of course their 83 year old buddy may not interpret this article to say what we all can clearly see it says...
The NFLPA has about 20 lawyers lined up to represent them in this money grab... Lots of familiar faces, the egg covered ones who signed off on a deal that resulted in flat caps that they have spent the last couple of weeks trying to tell their members aren't really flat...
Here is a link to the NFLPA media release which includes a link to the actual filing for those intent on persuing a migraine this afternoon.
Re: Here we go again, NFLPA files suit against NFL
From Florio:
Quote:
The lawsuit filed Wednesday by the NFLPA against the NFL for collusion in the uncapped year technically is framed as a petition to “reopen and enforce” the agreement that finally settled the Reggie White litigation. And it’s clear upon reviewing the 20-page document that the claim flows directly from the NFL’s effort to remove $46 million in combined cap space from the Cowboys and Redskins.
Setting aside for now the impact of the NFLPA’s agreement to those cap penalties upon the new action, it’s clear that the claims wouldn’t have been made at all if the NFL hadn’t tried to impose the cap charges on the Cowboys and Redskins for their behavior in the uncapped year.
Paragraph 2 of the petition explains that the NFLPA became first aware of the alleged “conspiracy” to limit spending in the uncapped year to $123 million per team via the disclosure on March 12 that four teams (the Cowboys, Redskins, Saints, and Raiders) failed to “abide by secret NFL rules to suppress player salaries.”
The petition explains that the Redskins exceeded the secret cap by more than $102 million, the Cowboys by more than $52 million, the Raiders by more than $41 million, and the Saints by more than $36 million. (No cap penalties were imposed on the Raiders and Saints, but those teams were barred from participating in the reallocated cap space that had been stripped from the Redskins and Cowboys.)
The petition alleges actual damages of “up to $1 billion, if not substantially more,” and the NFLPA contends that treble damages are in order, putting the potential bill at more than $3 billion.
In support of the claims, the NFLPA cites comments from Giants co-owner John Mara (who said the issue “came up several times in [ownership-level] meetings,” that the teams in question “attempted to take advantage of a one-year loophole, and quite frankly, I think they’re lucky they didn’t lose draft picks,” and that the teams knew “full well there would be consequences”), quotes from Commissioner Roger Goodell (who said, “[T]he rules were articulated. . . . [T]he rules were quite clear”), and even a PFT report that teams were warned “at least six times” against dumping cap dollars into the uncapped year. (Maybe I’ll finally get to refuse to identify a source on the witness stand and go to jail . . . and get shanked.)
The point for now is that, if the NFL simply hadn’t gone after the Redskins and Cowboys, the NFL wouldn’t currently be dealing with the present claim, which makes abundantly clear that the next nine years of labor peace will entail plenty of labor but not much peace.
Moreover, the fact that the Cowboys and Redskins aggressively fought the penalties served only to highlight the story and generate many of the quotes the NFLPA is now using against the league. And while the NFLPA doesn’t explain how it knows that a secret $123 million per-team cap applied in 2010, it’s not a major stretch to conclude that someone from the Cowboys or the Redskins made that disclosure to the union in a fit of frustration and/or rage in discussions that occurred after the cap penalties hit the fan.
Of course, the bigger question is whether the NFLPA has the ability to make these claims, in light of the settlement agreement and the later agreement to impose the cap penalties against the Cowboys and Redskins. We’ll address that issue separately.
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Re: Here we go again, NFLPA files suit against NFL
Perhaps, but by then the NFLPA had already signed off on the penalty as an addendum to the new CBA (per the Special Master who heard the Cowboy/Redskin grievance last week). And then there is the whole matter of the global settlement of all issues known and unknown.
Lots of teams including this one spent in excess of $123M in 2010. That's not what those other teams were penalized for. They were retroactively penalized for their treatment of certain monies for accounting purposes going forward. They were warned there would be a cap again, that's not collusion - it's a fact of life without which the players would still be locked out. The NFLPA was aware of that at the time. In fact they filed a grievance prior to the expiration of the old CBA to that effect just for good measure. Doty dismissed it as part of that global settlement.
This is just a leverage and PR ploy. As is most everything the NFLPA does. Maybe they can trade dropping the suit for relief from the horror of players being forced into wearing more padding. Or in exchange for just forgetting about HgH testing until Congress mandates it. Or for another phony bump in the flat cap formula they negotiated in the last CBA. Would be something if they ever spent nearly as much time and effort in constructively working towards improving the health and safety of their constituents as they do in feathering the bottom line of their growing army of lawyers. Kessler's new post bankrupcy firm will make a bundle if they can just get past round 1 with Doty, even though on appeal union members will end up with less $$ in the kitty. Kind of like they did after shelling out millions for lockout insurance. Think what they could do with that money to help retirees who are struggling financially or emotionally or both. But then, nevermind - what was I thinking. Retirees aren't the NFLPA's constituency. De is on record stating that.
Re: Here we go again, NFLPA files suit against NFL
I thought some idiot had bumped a thread from last year.
I look forward to discovery. Oh, they have no case, but can embarrass the owners wanting to see their books. "How else would we know how much you could've paid us." For something else, they'll drop the suit.
This suit is leverage.
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Re: Here we go again, NFLPA files suit against NFL
The NFLPA is making me side with the Commish, and I hate that.
At least the lawyers will get paid
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Re: Here we go again, NFLPA files suit against NFL
Judy Battista of the NYT had a great line this a.m. on Twitter: "Is it possible the NFL and NFLPA were getting along better DURING the lockout than they are now?"
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Re: Here we go again, NFLPA files suit against NFL
Quote:
Originally Posted by MoLewisrocks
Perhaps, but by then the NFLPA had already signed off on the penalty as an addendum to the new CBA (per the Special Master who heard the Cowboy/Redskin grievance last week). And then there is the whole matter of the global settlement of all issues known and unknown.
Lots of teams including this one spent in excess of $123M in 2010. That's not what those other teams were penalized for. They were retroactively penalized for their treatment of certain monies for accounting purposes going forward. They were warned there would be a cap again, that's not collusion - it's a fact of life without which the players would still be locked out. The NFLPA was aware of that at the time. In fact they filed a grievance prior to the expiration of the old CBA to that effect just for good measure. Doty dismissed it as part of that global settlement.
This is just a leverage and PR ploy. As is most everything the NFLPA does. Maybe they can trade dropping the suit for relief from the horror of players being forced into wearing more padding. Or in exchange for just forgetting about HgH testing until Congress mandates it. Or for another phony bump in the flat cap formula they negotiated in the last CBA. Would be something if they ever spent nearly as much time and effort in constructively working towards improving the health and safety of their constituents as they do in feathering the bottom line of their growing army of lawyers. Kessler's new post bankrupcy firm will make a bundle if they can just get past round 1 with Doty, even though on appeal union members will end up with less $$ in the kitty. Kind of like they did after shelling out millions for lockout insurance. Think what they could do with that money to help retirees who are struggling financially or emotionally or both. But then, nevermind - what was I thinking. Retirees aren't the NFLPA's constituency. De is on record stating that.
Quote:
During Wednesday’s conference call, NFLPA outside counsel Jeffrey Kessler explained that, in his view, the new collusion claim based on an allegedly secret $123 million salary cap in 2010 couldn’t have been made in the White or Brady case because the NFLPA didn’t know about it. Kessler also contended that the case law on controversies of this nature will support his position.
I don't want to rehash the whole collusion issue, since we beat that horse pretty well. I'm just pointing out that this should have been dealt with earlier (like back when we were beating the poor horse to death and beyond).
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Here we go again, NFLPA files suit against NFL
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