"Vilma's argument that the statements were made in Goodell's individual capacity is unpersuasive as Goodell was sued as Commissioner of the NFL and all of the statements attributed to Goodell were made in connection with the NFL's investigation of the pay-per-performance/bounty allegations," Berrigan wrote in her ruling. "Therefore, Vilma's claims are preempted and must be dismissed.
"While the Court is extremely disturbed by the fundamental lack of due process in Goodell's denying the players the identities of and the right to confront their accusers, that was substantially rectified later in the process," Berrigan added. "So while the process was initially procedurally flawed, the statements were ultimately found to have enough support to defeat the defamation claims.”
Berrigan ended her decision by writing: "Even though this matter has been pending only since May of this year, it feels as protracted and painful as the
Saints season itself, and calls for closure. The Court nonetheless believes that had this matter been handled in a less heavy handed way, with greater fairness toward the players and the pressures they face, this litigation and the related cases would not have been necessary.”