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Sorry. why can't he take them to court now? Anytime he wants to try to eliminate the anti trust exemption or the salary cap, he can take the league to court. what am I missing?
http://nesn.com/2015/09/legal-expert-patriots-have-case-to-recoup-draft-picks-1m-fine/
Relevant section re: legal action to get picks/fine back from Michael McCann. My emphasis not his.
“Robert Kraft would face an improbable legal fight since he accepted the punishment,” McCann continued. “But he could argue acceptance is void if he was misled.”
There is much more out there discussing the the obstacles of declining the appeal process and then trying to litigate. If I get some time I will try to get more for you.