02-26-2013, 10:13 AM
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#11
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Special Teams
Join Date: Oct 2011
Location: New York City
Age: 42
Posts: 142
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Re: Good/Bad News for a Change - 2013 18MM cap penalty probably (not) going away
Quote:
Originally Posted by JoeRedskin
First, you realize that Doty has been a big friend of the NFLPA for years and that, in the latest CBA, the NFL insisted that cases under the new CBA would not be heard by him. He gave the friendliest rulings he could in not dismissing the NFLPA's collusion case outright in light of the waiver clause. Most judges would likely have dismissed the NFLPA's claim without argument.
Second, and as others have mentioned, this case would have nothing to do with the NFLPA and labor laws. That case has been adjudicated and dismissed. Period. Done. Finito. As part of the settlement of all outstanding claims, in reaching the new CBA, the NFLPA gave up all rights to claim they had been treated unfairly during the negotiations.
Finally, to see what legal theories Snyder is relying on, I would want to go back to there original appeal in front of the arbiter. As I recall, they advanced certain theories that the arbiter said "this is the wrong forum for that argument". If I am remembering it correctly, it is those theories that Snyder would be bringing now. I have to believe it comes down to a breach of contract or a tortuous interference with business by his partners. Those are each claims which would be independent of the arbiter and NFLPA claims. It's been a while since I looked at them, and really have no evaluation of their merit, but, clearly, people being paid a lot more than me have found a credible basis to bring a civil suit on this issue.
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I would think he brings federal antitrust claims along with state law tortious interference claims. If I were him/on his legal team, I would want to bring the case in a DMV area court (preferably VA). Never underestimate the impact a fan on the bench can have on a case; see Judge Berrigan (EDLA) in the Vilma v. Goodell litigation...
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