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

[JoeRedskin]

Originally Posted by SBXVII

Lets look at worst case scenarios....

1- All the owners end up hating Snyder. Not voting for his ideas later.
2- Department of Labor or Justice get involved.
3- The NFL not being exempt from labor laws.

I honestly can't fathom anything else, but I'm sure the owners are happy to be exempt from some of the labor laws and being able to do business as they please. I figure the worst that can happen is the NFL would lose that freedom and would have to do business like all other businesses and unions. That alone would go a long way in keeping both sides more honest.

So for me to weight if its worth it to go nuclear and possibly get our CAP space back.... I'd have to say yes it's worth it. Personally I think there needs to be someone keeping an eye on both sides that has no interest, someone who is not swayed to lean towards the owners in judgement (Dotty), and someone to make sure a fair punishment is delt as well as punishing everyone involved. In this case, yeah maybe the Skins do deserve a punishment although I don't agree with it, but certainly the other owners deserve to be punished for unfair practices against the NFLPA.

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.