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-   -   Indemnification? (http://www.patsfans.com/new-england-patriots/messageboard/10/78175-indemnification.html)

E Belichick Unum 02-21-2008 12:07 PM

Indemnification?
 
I have a serious question for you guys out there.
Assuming that the Patriots have a legal document to use against Matt Walsh, and that Matt Walsh not only violates that document but also provides stolen Patriots property as evidence, how can the NFL indemnify him against legal procedings? This becomes a contractual/legal matter and the NFL, for as powerful as they are, cannot invalidate the Patriots rights.

Anybody know how this works?

BelichickFan 02-21-2008 12:13 PM

Re: Indemnification?
 
The only explanation I've read here is that it just means the NFL will defend (pay for) his defense in any legal matters. Clearly the NFL has no legal standing to prevent a civil or criminal case against him.

nittanylions52 02-21-2008 12:14 PM

Re: Indemnification?
 
Quote:

Originally Posted by E Belichick Unum (Post 807039)
I have a serious question for you guys out there.
Assuming that the Patriots have a legal document to use against Matt Walsh, and that Matt Walsh not only violates that document but also provides stolen Patriots property as evidence, how can the NFL indemnify him against legal procedings? This becomes a contractual/legal matter and the NFL, for as powerful as they are, cannot invalidate the Patriots rights.

Anybody know how this works?

I have no idea how it works legally, but IF the Patriots happened to break league rules, that would probably override any signed paper by Walsh. Of course, he'd have to have proof that the Pats broke the rules.

If you think of any other analogous situation, it makes sense. Breaking league rules is more important to the NFL offices than any employment paper Walsh happened to sign.

Then again, I'm not sure how it would work if say, the NFL granted him indemnity and he turned out to be lying. I could imagine the repercussions would be very bad for Walsh.

Pats726 02-21-2008 12:25 PM

Re: Indemnification?
 
Quote:

Originally Posted by nittanylions52 (Post 807053)
Breaking league rules is more important to the NFL offices than any employment paper Walsh happened to sign.

Not sure that is the case...or ever COULD be the case. What you are saying is that company rules are more important than the Federal, State laws..Employment papers deal with REAL law...not just the rules of a company..It may NOT be important to the NFL...but they can not over ride laws by what they do...teh do NOT have that power..That is like a company saying the laws of a state would not apply. Can not happen. the NFL can PAY for those defenses...but can not override the laws.

upstater1 02-21-2008 12:28 PM

Re: Indemnification?
 
The NFL simply has to pay the $$ if he loses a court case brought on by the Patriots. In other words, the Patriots wouldn't sue unless they went to war with Goodell and the NFL (which won't happen, but it could, small chance).

upstater1 02-21-2008 12:29 PM

Re: Indemnification?
 
I'd like to add this isn't really an issue of idemnification. Something else is up. I don't know what.

He wants to have his legal fees taken care of in case he goes to court. His lawyer is already being paid by someone else. Let his lawyer vouch for the legal fees.

nittanylions52 02-21-2008 12:31 PM

Re: Indemnification?
 
Quote:

Originally Posted by Pats726 (Post 807070)
Not sure that is the case...or ever COULD be the case. What you are saying is that company rules are more important than the Federal, State laws..Employment papers deal with REAL law...not just the rules of a company..It may NOT be important to the NFL...but they can not over ride laws by what they do...teh do NOT have that power..That is like a company saying the laws of a state would not apply. Can not happen. the NFL can PAY for those defenses...but can not override the laws.

OK, I was probably wrong. Like I said, I don't know anything about the legal side of it.

I just don't see why he'd risk incurring the wrath of the NFL if he 1) can't prove anything or 2) is lying. In either situation, the NFL sure won't befriend him, and the Pats would tear into him very quickly.

xmarkd400x 02-21-2008 12:32 PM

Re: Indemnification?
 
My understanding is this:

Matt Walsh wanted any judgements, settlements, and/or fees to be paid for by the NFL. Basically he wanted the NFL to "pay his bills" so to speak.

As far as legal matters go, the NFL can afford him no protection from serving jail time.

Basically it protects him if he loses a civil suit.

signbabybrady 02-21-2008 12:37 PM

Re: Indemnification?
 
Quote:

Originally Posted by xmarkd400x (Post 807083)
My understanding is this:

Matt Walsh wanted any judgements, settlements, and/or fees to be paid for by the NFL. Basically he wanted the NFL to "pay his bills" so to speak.

As far as legal matters go, the NFL can afford him no protection from serving jail time.

Basically it protects him if he loses a civil suit.

How could any of this end up in jail time?

BelichickFan 02-21-2008 12:42 PM

Re: Indemnification?
 
Quote:

Originally Posted by signbabybrady (Post 807092)
How could any of this end up in jail time?

As of now all that he "likely" has is stolen property - the tape (if it exists). That wouldn't be enough for jail time but if there is other stolen property of the Patriots that could change. There is no indication that is the case but it's just being pointed out that the NFL can't protect him legally if there is.


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