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Good/Bad News for a Change - 2013 18MM cap penalty probably (not) going away

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Old 01-08-2013, 09:28 AM   #11
Skinzman
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re: Good/Bad News for a Change - 2013 18MM cap penalty probably (not) going away

Quote:
Originally Posted by CRedskinsRule View Post
It was "unknown" at the time the new CBA was agreed upon. The NFLPA basically said at that point, regardless of what happened up until this point, we will not go back and try to sue you NFL. Then when Mara flapped his trap, the NFLPA said well Whoa now, Now we want to sue you. But you can't do that.

Before the new CBA was agreed on, the NFLPA had every right to investigate possible collusion type practices by the NFL. They had a lawsuit doing just that. But in order to bring peace to the NFL-NFLPA legal landscape, both sides had to agree to letting all that happened before basically be erased from the legal landscape.

although Joe could explain it better by far, that's the gist of it.
Maybe Judges view it differently for an entity like the NFLPA because they have big boy lawyers themselves. But, the concept of "Signing your rights away" is not recognized by the courts. People have been bullied into doing just that plenty of times only to have the Judge claim "Signed under duress" and throw that clause out. Second, the NFLPA has no right to make collusion for its negotiating partner legal. Thats completely up to the Govt at this point.

I dont see it going anywhere since the Govt wont take on the NFL, but that has nothing to do with the NFLPA signing its rights away and the NFL/NFLPA claiming to have jurisdiction on the Constitution of the USA with a claim of what they deem as legal even though its not through a clause in the CBA.
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