NFL Settles with QB Kaepernick

Quarterback Colin Kaepernick and former teammate Eric Reid reached a settlement with the NFL regarding their collusion grievance against the NFL. Both players were alleging league owners colluded to keep them out of the NFL. The decision to kneel during the national anthem made Kaepernick a divisive sports figure. Kaepernick either sat on the bench or kneeled during “The Star-Spangled Banner” before each game in protest for oppression of people of color and ongoing issues with police brutality. The last time Kaepernick played was in 2016 when he went 1-10 with the San Francisco 49ers. However, that litigation appears to be over and Kaepernick’s attorney said he still wants to play in the NFL. In a joint statement last week, the parties explained only that they had engaged in an ongoing dialogue with representatives and as a a result of those discussions, decided to resolve the pending grievances. Of course, the resolution of the matter is subject to a confidentiality agreement and so they state there will be no further comment by any party. Despite this, the media has continued to speculate on the settlement and in one report, Mike Freeman said his sources were speculating that the payout was in the $60-80 million range. Others, like Dan Patrick revealed that a source told him that the settlement could be as low as the $5 million range. Still others like Mike Florio, despite stating most settlements require the parties to keep the details of the deal quiet and confidential, wonders when the details will leak. He goes on to say the NFL’s 32 teams will know the amount, because they’ll each be paying a share and that it takes only one owner to get the number out, making it impossible for the league office to track down the leak. Only time will tell. See news coverage here-- https://bit.ly/2NerBvB and https://bit.ly/2IlOvT8 and https://bit.ly/2TVX2gO and NFL statement-- https://bit.ly/2SbbLmu

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