Orlando Mediator Lawrence Kolin explores current issues in Alternative Dispute Resolution, including mediation and arbitration of complex cases by neutrals resulting in settlement of state and federal litigation and appeals. This blog covers a wide variety of topics-- local, national, and international-- and includes the latest on technology and Online Dispute Resolution affecting sophisticated lawyers and parties to lawsuits.
Showing posts with label NFL fine. Show all posts
Showing posts with label NFL fine. Show all posts
Tuesday, July 28, 2015
NFL - Brady Settlement Not Looking Good
As the New England Patriots begin training camp, there is no certainty about whether Tom Brady will be available for game one of their NFL season. While there have been reports regarding a possible settlement for Brady’s appeal of his four-game suspension, with leaks that he is seeking either a complete exoneration or only a fine, others say he may be willing to accept a reduced suspension. It is unlikely that Brady would agree to miss games without taking the case to court to avoid admitting any guilt. They say a fine could be interpreted as putting the so-called Deflategate distraction behind his team. But now, the NFL could reject Tom Brady’s appeal and uphold the four‐game suspension. The NFL claims the quarterback's actions were detrimental to the integrity of the sport. ESPN today reported Commissioner Roger Goodell will not reduce or overturn Brady’s suspension and that Brady may have actually destroyed his own personal cell phone rather than just refusing to turn it over. The NFL was annoyed Brady would not give up relevant text messages and emails that might help clarify his level of involvement in Patriots equipment managers allegedly letting air out of game balls. Now it appears that electronic evidence may have been spoliated. Still, NFL Media's National Insider reports that the NFL and NFL Players Association exchanged offers for a potential settlement on Brady's suspension, according to sources informed of the negotiations. See stories here-- http://bit.ly/1Jq4HuT and http://bit.ly/1fEbJ39 and http://www.nfl.com/news/story/0ap3000000504228/article/nfl-nflpa-exchange-offers-on-brady-settlement
Thursday, May 14, 2015
Arbitrate Deflategate?
This week, NFL Commissioner Roger Goodell issued a four game suspension without pay of quarterback Tom Brady and fined the Super Bowl XLIX-winning New England Patriots $1 million and draft picks for deflating footballs during last year's AFC Championship playoff game where the beat the Indianapolis Colts 45-7. Now there will be an appeal. The NFL Players Association (NFLPA) maintains the NFL's history of inconsistent and arbitrary decisions in disciplinary matters requires that a neutral arbitrator hear an appeal. The league believes Brady's suspension is a fair punishment. An attorney hired by the league to investigate found in a lengthy report that the Patriots used underinflated footballs to their advantage and that Brady probably had at least a general knowledge about it. The report points its finger at equipment assistant and Brady denies being involved. Appeal hearings reportedly begin within 10 days of the league's receipt of an appeal. An attorney for the Patriots published an extensive online rebuttal of the NFL's findings. The NFL claims the quarterback's actions were detrimental to the integrity of the sport. The NFL has not been without controversial decisions of late. Recently, a United States District Judge vacated an arbitration award that upheld Commissioner Goodell’s discipline of Minnesota Vikings running back Adrian Peterson, concluding that Goodell erred in applying a new policy which was not applicable retroactively in that matter. Prior to the vacation of that punishment, an independent and neutral arbitrator, found Goodell abused his discretion when he arbitrarily disciplined running back Ray Rice for a second time. Last month, the Missouri Supreme Court even reviewed the scope of the role of commissioner in arbitration proceedings and found terms designating the commissioner as sole arbitrator unconscionable and unenforceable, being an individual in a position of bias. Accordingly, Goodell is precluded from reviewing, and ruling on the decisions of his employer in arbitration. This aligns with the trend in employing independent and neutral arbitrators to oversee NFL disputes. See more news here-- http://bit.ly/1bTivjm and http://cnn.it/1cXtTfz and at the NFLPA https://www.nflpa.com/news/all-news/nflpa-files-appeal-on-behalf-of-tom-brady
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