Could Kaepernik Invalidate the CBA?

[IcyPatriot]

Group think is not collusion.

 

[Ring 6]

The Giants owner was explicit when he said that he wasn't going to give Kaepernick a shot because of the controversy. It wasn't based on his play. The Ravens owner also brought up the protest.

This doesn't mean collusion. Only that he is being blackballed by some owner because of the protest, and not because of his ability.

I'm going to go out on a limb and say Kaepernick is better than Beathard and Hoyer.

There is nothing wrong with individual owners saying they don't want him on their team for any reason whatsoever.
Ita hard to imagine there is any collusion case here. They just all decided independently he wasn't good enough on the field to overcome the PR issues.
Baseball list a conclusion case but that was colluding to keep contracts down which is very different.

 

[QuantumMechanic]

Good luck proving collusion, they can just point to your last few years where you stunk and people like Manziel are were out of the league after a year or two.

Never underestimate the stupidity of the owners and their staffs. Remember, if the case survives summary dismissal then discovery will start and Kaepernick's team is damn well going to demand and get emails, documents, etc. from the teams. If there are emails between teams with stuff like "Yeah -- we agree it's probably a good idea to stay away from Kaepernick?" it becomes a lot easier for his case.

 

[QuantumMechanic]

I just don't see any way the lawsuit succeeds. He would have to conclusively demonstrate collusion. I don't believe any collusion exists beyond - at most - an unspoken wink 'n nod agreement among the teams.

Just because every team independently decides his talent isn't worth the sh*tstorm he would bring doesn't mean they colluded to come to that conclusion.

Furthermore, this sort of case will take years to adjudicate to finality (assuming the NFL appelas if they lost). It could easy be a situation where there is no final decision before the current CBA expires anyway.

But did they decide it independently or "independently"? Never know what'll be in the emails Kaepernick's side will get if the case survives a motion to dismiss and discovery begins.

But yeah, the CBA will have expired on its own (expires at the end of the 2020 season, so in Feb or March of 2021) by the time this case plays out if it makes it to trial.

 

[XLIX]

But did they decide it independently or "independently"? Never know what'll be in the emails Kaepernick's side will get if the case survives a motion to dismiss and discovery begins.

I think you raise a good point and yes, I definitely agree that if there is indeed an email along the lines of the one you mentioned, he would have a case. I am no fan of Kaepernick but I sure would not mind seeing the NFL front office on the hot seat in a court of law.

IMHO, the owners had at most a wink 'n nod agreement amongst themselves. Nothing in writing but <touching my nose> let's all be team players here.

But yeah, the CBA will have expired on its own (expires at the end of the 2020 season, so in Feb or March of 2021) by the time this case plays out if it makes it to trial.

On a semi-related topic, I believe the next CBA will include language requiring players to stand.

 

[rochrist]

Good luck proving collusion, they can just point to your last few years where you stunk and people like Manziel are were out of the league after a year or two.

Thru his career he's got 72 TDs to 30 INTs. Manziel managed 7 TDs and 7 INTs.

You can hate Kaepernick all you like, but there isn't any question that the league is keeping him out. It may be unspoken collusion, but when you look at some of the clowns who have jobs in the league, it clearly IS some kind of collusion.

 

[Joker]

Krapadick isn't even anywhere NEAR NFL shape. His islamic jihadist "wife" has him eating a middle eastern vegetarian diet. He looks like a shriveled corpse. His only aim now is create as much controversy and disharmony within the NFL as is possible.

 

[XLIX]

Never underestimate the stupidity of the owners and their staffs. Remember, if the case survives summary dismissal then discovery will start and Kaepernick's team is damn well going to demand and get emails, documents, etc. from the teams. If there are emails between teams with stuff like "Yeah -- we agree it's probably a good idea to stay away from Kaepernick?" it becomes a lot easier for his case.

This post stayed with me and the more I thought about it, the more it seems quite feasible. Just earlier today I was showing my girlfriend Irsay’s mugshot and saying “believe it or not, this man owns an NFL team....”

So I am coming around to the idea that such an email is not entirely out of the realm of possibility. Even something like a private email between 2 owners saying “well I’m not gonna sign the sonnuva***** and I hope you don’t either!”

 

[QuantumMechanic]

Good McCann explainer on this. Sadly, the grievance is before a (neutral, agreed to by NFL and NFLPA) arbitrator and there is no subpoena power available.

Colin Kaepernick’s Collusion Claim: Legal Analysis

 

[Gumby]

Good McCann explainer on this. Sadly, the grievance is before a (neutral, agreed to by NFL and NFLPA) arbitrator and there is no subpoena power available.

Colin Kaepernick’s Collusion Claim: Legal Analysis

I wanted to give you a dislike because your truthful content is so disappointing (settled for useful).

In the daydream world, the fictional subpoena yields Gotohell email telling teams not to hire him resulting in dead cba and the clown getting fired.

 

[Deus Irae]

Thru his career he's got 72 TDs to 30 INTs. Manziel managed 7 TDs and 7 INTs.

And he's only thrown 41 TDs in his last 35 starts.

You can hate Kaepernick all you like, but there isn't any question that the league is keeping him out. It may be unspoken collusion, but when you look at some of the clowns who have jobs in the league, it clearly IS some kind of collusion.

Kaepernick is a running QB who's bad in the pocket. There's not a huge market for those guys. He's really only a stylistic fit for 3 teams (and he'd only be with those teams as a backup)

Seattle
Buffalo
Carolina

and a stretch fit in one more

Green Bay.

As for the bad teams who might, theoretically, be willing to say "Screw it, why not?" and bring him in as a starter:

SF - Not happening, for obvious reasons
Cle - drafted Kiser
Chi - drafted Trubisky
NYJ - Why would they want to replace McCown?

So

1. Where's his fit as a starter?
2. Where is he worth the hassle, and money, as a backup?

 

[Bobsyouruncle]

It's highly improbable 32 owners sent around emails agreeing not to hire Kaepernick and then conveyed that to their GMs. The owners that thought he was a cancer would likely be happy if some other team hired him.

As we saw a few weeks ago several owners are believers in his cause.

 

[TheBostonStraggler]

Good luck proving collusion, they can just point to your last few years where you stunk and people like Manziel are were out of the league after a year or two.

That's my first impression. It seems unlikely that (A) an email went around saying "stay away from this guy, he is trouble for the league". (B) owners would speak of this as a collective to say "keep" away from the guy he''s trouble.

But law is not impressions (or justice or even fairness). It's finding the right judge would is apt to believe (then find a law to apply) the story you present more than the other side's story they present.
But I sense this is not a lawsuit for getting a ruling, this is a lawsuit to leverage the NFL into making a team sign him (??). And as we know Roger is, ahem, shall we say susceptible to concern of PR. If it wouldn't been for the beating the NFL recently took (in terms of brand likability), I;d think finding a place for Colin.

For Colin, for god's sake just tone it down just a bit. He doesn't have to wear a hat during the Anthem, just tone it down a bit and do his political talking and working off field. It just doesn't seem that hard if you want a job. No?

 

[Joker]

you can dislike the facts all you want...the proof is there for anyone to see however..Kaepernick has zero intention of playing football in the NFL ...he's completely content to market his "pig" socks and "Fidel Castro Was A Hero" T shirts.

 

[DarrylS]

On a semi-related topic, I believe the next CBA will include language requiring players to stand.

The players will not negotiate this and it is a non starter... even if they throw in a ton of perks do not see the players relenting.

You cannot legislate what people view as right and just...

If anything they might agree to stay in the locker room or tunnel until after the anthem is played.. as they did before.

Back to the topic, the NFL and its owners do not want this to go to trial, so there may be some sort of settlement along the way.. to expose their emails and conversations will prove to be a breaking point for the league....

 

[Ivan]

Seattle brought him in. And while I agree with Kaepernick’s right to protest I wouldn’t sign him because he wants to start, and shows little to no dedication to his craft. NFL QB’s have to be completely invested in their job to be great and Kaepernick isn’t.

 

[Ivan]

Good luck proving collusion, they can just point to your last few years where you stunk and people like Manziel are were out of the league after a year or two.

They could prove collusion if the owners and front office personnel were dumb enough to communicate in print but I don’t think that’s what has happened here, I think it’s more a matter of group think that didn’t require any communication.

 

[primetime]

Let’s see their cell phones. Turn them over!

Assuming the NFLPA didn't waive 7114 rights (nothing would surprise me), they can actually do this within reason. Depends whether this is just Kaepernick going it alone.

Also doesn't really matter since I don't think this was formal collusion.

 

[FreeTedWilliams]

Johnny Manziel- Heisman Winner, First round pick, out of the league
Robert Griffin, III-Heisman Winner, Second pick in the draft. out of the league
Tim Tebow- Heisman Winner, First round pick, out of the league

Not only is Kaepernick a national disgrace, he is also a skinny read option QB. They can't survive in the NFL, so building your system around one, is suicide!

Tebow has the size to survive, he just can't throw. Newton is the size of Dont'a Hightower, he is basically the only read option QB left in the league.

But all three come with baggage, (sad state of affairs when being a devote Christian is considered "baggage") and none of them have a job, collusion? No, its the league learning from past mistakes.

 

[primetime]

Wouldn't be surprised if Green Bay calls him. Not sure he'd start over Hundley but they're going to need a backup.