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Here we go again, NFLPA files suit against NFL


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the nfl honestly needs to hold the nflpa to the fire on these agreements. Like the hgh testing. At some point, the players will have to give in to the testing or get hgh acknowledged as a substance that can be used if medically prescribed by an nfl approved physician.

this!!!!!!!!!!!!!!!!!!!!!!!!!
 
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I find the whole claim kind of ridiculous. They are basing their suit on a 123 million dollar cap in a capless year except almost every team was above the cap. I have the numbers from a source for 2010 and was going to post them all but figured it wasnt worth the effort since the case seems so pointless. 21 clubs had cap figures above 123 million, which does not include the February and March dumped contracts.

All I could imagine is that they went through all the books and accounted for the deals under the old system (i.e. only current bonus is on the books this year while the rest would have accelerated to 2011) and came up with a $123 million figure for all but 4 teams- Dallas, Washington, New Orleans, and Oakland. Because the year was uncapped the cap accounting saw all deals accelerate into 2010 on the books. Still 2009 worked the same way and teams had a real cap to comply with.

All the penalties seem to be tied in with actual contracts rather than overall numbers. Dallas, Washington, and New Orleans all had the highest payrolls (Dallas and Washington by alot), but the penalties were contract specific. In the Redskins case it was reworking of two contracts to eliminate the future cap hits associated with Haynesworth and Hall while Dallas frontloaded the Miles Austin deal in a way they never do contracts in Dallas. New Orleans I assumed was for the discovery of the completion bonus and I guess Oakland was for something to do with Russell. Many teams took advantage of the uncapped seasons ranging from the low spending Chiefs to the high spending Jets, but it was really those 3 teams that did things that were not so much in the spirit of competitive balance.

So it has to be hard to prove unless they have emails stating it. And even then they have to convince a judge that they did not release the claims in the CBA. Whats comical is that the NFLPA is suing the league based on that same logic to have the suspensions of Vilma and company overturned since whatever happened during the old CBA years should be thrown away as if they never happened. Its such a huge contradiction. Eventually the players will get smart and just realize they hired the wrong guy to represent them. I can guarantee you that win or lose this lawsuit the NFL is not going to fluff the cap and rookie caps the way they did this year to appease the NFLPA.
 
Bedard has a good summary of the case in the Globe today:
NFL Players Association plays defense - Sports - The Boston Globe

He points out that, to move forward, the NFLPA must get beyond the fact that:
a) They agreed to the Redskins/Cowboys penalties in exchange for raising the 2011 cap
b) They agreed to waive any suits, pending or new, for issues prior to the new CBA

The language the NFLPA agreed to in the new CBA:

The CBA said:
“The parties stipulate to the dismissal with prejudice of all claims, known and unknown, whether pending or not, regarding the Stipulation and Settlement Agreement . . .’’

The end-around here is that Doty is deciding not to recognize that agreement. In effect, not recognizing the terms of the labor agreement.

Interesting stuff. You've got lawyers contesting stuff they themselves scoped and signed a year ago. Those cynics positing they are doing this for billing hours have a solid case.

In another line later in the same article, Bedard opines about the NFLPA contesting the thigh pads rule. If they are simply knee-jerk countering every NFL action, including all the player safety rules, it can make fans, and maybe players, question whether the goal of the NFLPA is to support the best interests of the players, or merely function as the protagonist in the Monty Python argument clinic.

Monty Python said:
Argument is an intellectual process. Contradiction is just the automatic gainsaying of anything the other person says.

No it isn't!
 
We have a little of that Monty Python protagonism occurring here routinely...

The NFLPA has one more hurdle to cross. They have to pray that Doty is assigned the case, and it may not be his choice as it wasn't when they filed suit after decertifying triggered the lockout. And before any rulings on jurisdiction can even be etched in stone the Eighth can put an end to all of it on appeal. You don't get to argue the merits of the case until the decision is made that you can even file suit in these cases.
 
Here's a couple of tweets in just the last hour that summarize the NFLPA in a nutshell...


Aaron Nagler‏@Aaron_Nagler

Thigh & knee pads have to be collectively bargained. Widow & survivor benefits? Apparently not so much.

mike freeman‏@realfreemancbs

EX-NFL player Jeff Nixon: NFLPA circulating petition asking NFL to pay entire cost of widow and survivor benefits. NFL says no.

David Cornwell‏@wmdavidcornwell

Desmith fact v opinion. Opinion "CBA is a good deal." Fact: In first yr of rev share formula actually setting the cap, u ran from it. SMH.

Retweeted by Greg A. Bedard
 
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