OT NFL grievance UPD financial settlement reached

LadyStanley

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https://sports.yahoo.com/colin-kaep...tion-10-teams-figures-targeted-214635086.html

An NFL source familiar with discovery requests made this week told Yahoo Sports that “agitation” over the Kaepernick grievance is already building within the league’s legal department, which is building a defense hand-in-hand with heavy-hitting international law firm Covington & Burling.
The source said league lawyers fielded a slew of discovery requests this week, including depositions or records requests involving NFL owners, teams or coaches.
...
[Papa John's] Schnatter made some unexpected remarks ripping the NFL’s leadership in the national anthem controversy this week. That has brought more focus to his relationship with Jones, a major Papa John’s stakeholder, and what role the Cowboys’ owner may have had in the statements. Jones has been one of the league’s staunchest critics of national anthem protests this season.
Another interesting public relations wrinkle is the league’s use of Covington & Burling against the grievance. That Covington & Burling is fighting for the league is no surprise as the NFL has a decades-long relationship with the firm. But it’s notable that one of the partners at Covington & Burling is former Attorney General Eric Holder, a staunch civil rights supporter in former President Barack Obama’s administration.

Sounds like a few skeletons in the closet getting rattled.

In the larger sense, have to wonder how the sponsors impacted from this suit and falling Interest from controversy will impact player/team/league reputations and the league's bottom line.
 

Acesolid

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The NFL must hold strong and not settle with Kaepernick. It sets a terrible precedent for all sports leagues if they do.

Altrough I wouldn't be surprised if that zealot doesn't even want to settle at this point, and is basically on some "heroic quest" against the NFL in his mind. And is willing to spend all his money on a legal "lost cause" in order try to hurt the NFL in any way he can.
 
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Dr Johnny Fever

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The NFL must hold strong and not settle with Kaepernick. It sets a terrible precedent for all sports leagues if they do.

Altrough I wouldn't be surprised if that zealot doesn't even want to settle at this point, and is basically on some "heroic quest" against the NFL in his mind. And is willing to spend all his money on a legal "lost cause" in order try to hurt the NFL in any way he can.
I would agree with you except for the fact he will never spend his own money on the fight. He’ll get some group (ACLU?) to fund “his” fight.
 

mouser

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https://sports.yahoo.com/colin-kaep...tion-10-teams-figures-targeted-214635086.html



Sounds like a few skeletons in the closet getting rattled.

In the larger sense, have to wonder how the sponsors impacted from this suit and falling Interest from controversy will impact player/team/league reputations and the league's bottom line.

As we're on the BoH I'll point out one very important detail: Kaepernick's grievance is not in a court of law. It's going to be heard by an arbitrator.

It's likely the arbitrator won't allow Kaepernick to go on a fishing expedition to the degree that we often see in legal courts.
 
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Dr Johnny Fever

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As we're on the BoH I'll point out one very important detail: Kaepernick's grievance is not in a court of law. It's going to be heard by an arbitrator.

It's likely the arbitrator won't allow Kaepernick to go on a fishing expedition to the degree that we often see in legal courts.
I might have thought that being outside the legal system would allow for a wider scope of discovery. But more importantly I’m curious who/how the arbitrator was selected.
 

LeHab

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Aug 31, 2005
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Kaepernick has cost the league a great deal of money with his actions. If I willfully damaged my employers bottom line in such a manner I'd be gone, deservedly so.

Are there any sponsors who dropped NFL over this? I heard some people were turning on into NFL games just to see players reactions.

[update]Actually a quick google has relevant info:

https://www.nytimes.com/2017/09/27/business/nfl-sponsors-anthem-protests.html
https://www.forbes.com/sites/mikeoz...use-of-national-anthem-protests/#4ca41af1226c
 
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LadyStanley

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My guess is the NFL has written sponsorship agreements so that it's hard(er) for sponsors to bow out due to this kind of situation. (But IANAL and I have not seen a contract; just guessing based on CYA principles.)

But see if there are renewals and/or insertions of such clauses in future agreements? :popcorn:
 

mouser

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I might have thought that being outside the legal system would allow for a wider scope of discovery. But more importantly I’m curious who/how the arbitrator was selected.

The NFL CBA calls for the roles of System Arbitrator and Impartial Arbitrator. The Kaepernick hearing would be handled by the System Arbitrator. In addition to the System Arbitrator, there is a 3 personal Appeals Panel that would handle any challenge to a System Arbitrator ruling. The CBA calls for the NFL & PA to agree on the System Arbitrator. If they can't then the CPR Institute (arbitration specialists) provides a list of candidates and the PA/NFL select one from there, or alternately strike candidates until only one remains. A similar process takes place for the Appeals Panel, with the stipulation that at least one member must be a former judge.

The last major arbitration ruling last year came from Jonathan Marks. http://www.nadn.org/jonathan-marks

I'm not certain if he was acting in the role of System Arbitrator or Impartial Arbitrator. Though either way it's likely the PA dismissed him afterward as they lost the arbitration case.
 

gstommylee

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Discovery phase here could end up hurting Kaepernick's. Kaepernick's GF made a comment about the raven's owner and Ray Lewis which ended up costing him a contract with the Ravens.
 
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Dr Johnny Fever

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The NFL CBA calls for the roles of System Arbitrator and Impartial Arbitrator. The Kaepernick hearing would be handled by the System Arbitrator. In addition to the System Arbitrator, there is a 3 personal Appeals Panel that would handle any challenge to a System Arbitrator ruling. The CBA calls for the NFL & PA to agree on the System Arbitrator. If they can't then the CPR Institute (arbitration specialists) provides a list of candidates and the PA/NFL select one from there, or alternately strike candidates until only one remains. A similar process takes place for the Appeals Panel, with the stipulation that at least one member must be a former judge.

The last major arbitration ruling last year came from Jonathan Marks. http://www.nadn.org/jonathan-marks

I'm not certain if he was acting in the role of System Arbitrator or Impartial Arbitrator. Though either way it's likely the PA dismissed him afterward as they lost the arbitration case.
So, it sounds like, at this point, no arbitrator has yet been selected?
 

mouser

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So, it sounds like, at this point, no arbitrator has yet been selected?

Have seen at least one report that Stephen Burbank is still the System Arbitrator and will hear the case.

https://en.wikipedia.org/wiki/Stephen_B._Burbank
https://law.duke.edu/sites/default/files/centers/judicialstudies/TAR_conference/stephen_burbank.pdf

Of note is that he's a been appointed by a federal court as "special master" of the NFL.

https://en.wikipedia.org/wiki/Special_master
 

Dr Johnny Fever

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Have seen at least one report that Stephen Burbank is still the System Arbitrator and will hear the case.

https://en.wikipedia.org/wiki/Stephen_B._Burbank
https://law.duke.edu/sites/default/files/centers/judicialstudies/TAR_conference/stephen_burbank.pdf

Of note is that he's a been appointed by a federal court as "special master" of the NFL.

https://en.wikipedia.org/wiki/Special_master

I suppose it's politically incorrect for me to get a chuckle out of this. :laugh:

Thanks for the details. :thumbu:
 

gstommylee

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The conspiracist would say he orchestrated it all

I say he caused it himself especially his grilfriend comment about the raven's owner and ray lewis right as he was about to get a new contract to play for the ravens.
 

The Shrike

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Dr Johnny Fever

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An employer has the right to not hire anybody who they feel will have a negative impact on their business/sales. It doesn't matter how "qualified" the applicant is. MOD
 
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LadyStanley

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https://sports.yahoo.com/heres-nfl-team-owners-face-colin-kaepernicks-legal-shark-022251995.html
Here’s what NFL, team owners face against Colin Kaepernick’s legal shark

Mark Geragos.

“Most of your trial objections to relevancy and hearsay don’t come into play at all in a deposition. It’s just a free-for-all,” said retired Los Angeles Superior Court Judge Peter Lichtman, who is now one of the top arbitrators in California. “That’s how [depositions] function. In fact the standard is – so long as a question or subject is reasonably calculated to lead to admissible evidence – you can talk about anything. There’s just no real objections you can pose in a deposition other than if it’s an attorney-client privilege or work product privilege.”

Gonna be hot seat for some. One guy quoted says he poses questions so you're screwed regardless of how you answer.
 

BKIslandersFan

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An employer has the right to not hire anybody who they feel will have a negative impact on their business/sales. It doesn't matter how "qualified" the applicant is. MOD
This should be how it works, but NFL is a monopoly. They should not be allowed to collude to keep a man unemployed for his political stance.
 

Dr Johnny Fever

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This should be how it works, but NFL is a monopoly. They should not be allowed to collude to keep a man unemployed for his political stance.
Whether or not there was/is collusion is a separate point from the one I made. If you’re going to cause me grief and lose me revenue I don’t have to hire you regardless of how good/qualified you are. There doesn’t need to be collusion for a person to not be hired.
 

BKIslandersFan

F*** off
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Whether or not there was/is collusion is a separate point from the one I made. If you’re going to cause me grief and lose me revenue I don’t have to hire you regardless of how good/qualified you are. There doesn’t need to be collusion for a person to not be hired.
There is zero evidence what so ever Kaep cost NFL owners a DIME.
 

Dr Johnny Fever

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There is zero evidence what so ever Kaep cost NFL owners a DIME.
Beg to differ. Attendance is down throught the league and polls everywhere will tell you fans have turned on the NFL over this issue. Those fans not showing up have already cost teams beer, hot dog, parking, and souvenir revenues. Not to mention the walk up ticket sales many teams get each week. That's a fact.

Nobody has to know exactly how much worse it would be for them to know Kap is more of a detriment than a positive to their team should they sign him. Now that doesn't mean some owner might not feel he is worth it. But it does clearly show cause why many owners would want nothing to do with him.
 

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