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

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.

Yes, contracts entered into under duress can be voided, if a party demonstrates the duress. The players, however, did not enter the new CBA under duress but after much, very public, arms length negotiations. It is the contract terms of the new CBA, negotiated by the NFLPA, that provided the basis for the dismissal.

And, BTW, you can absolutely "sign your rights away", if you do so through the lack of due diligence. If you were pressured, but you could have found out the facts, well too bad, so sad.

Second, the NFLPA has no right to make collusion for its negotiating partner legal. Thats completely up to the Govt at this point.

Huh? The NFLPA sued for breach of the prior CBA. The NFL said the new CBA pre-empted the old CBA and, as part of that new agreement, you (the NFLPA) agreed not to sue us for any breaches of the old CBA. The govt. wasn't a party to either. It's essentially a breach of contract action.

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.

Well, it's not going anywhere b/c J. Doty deemed, essentially, that there was no breach of a contract term. As to the rest, you just lost me - the Constitution has nothing to do with this action. Further, there is nothing illegal about a waiver clause. They are, in fact, common in any settlement agreement. It is practically unheard of to enter into a settlment agreement without such a waiver. No client of mine would ever sign a settlement agreement that didn't have such a clause.

For the record, I think collusion occurred and that the NFL didn't disclose it prior to signing the new CBA. None of that, however, effects the correctness of J. Doty's dismissal.

This would be great news after the somber news leaking on Griffin's condition. The cap penalty is bogus considering the violation occurred in an uncapped year - clearly there was collusion among every owner (and Goodell) not named Dan Snyder or Jerry Jones.

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.
Out of curiosity, what do you think any formal waiver is? It is a waiving of your rights, ie signing your rights away.

The level of the waiver, and how it is reached certainly can be reviewed, which is what J. Doty looked at, and he came to the conclusion that the waiver signed by both parties was valid, not reached via bullying tactics, and included even unknown acts of collusion.

Had he not ruled, and the two parties dropped the matter before he did, then your thinking about a cap settlement might have been closer to the fact. But he did rule, and specifically in the NFL's favor, so the NFL is not going to suddenly say Oops, NFLPA you got us.

Also, our getting the cap money back is actually a separate fact which the NFLPA was not trying to change. Our penalty was solely a means to an end for them to try and re-open the collusion case, they were not trying to get the Skins penalty revoked.

I'm just going to make an observation here:

For the past thirteen years, the Redskins have consistently been the biggest spender in the off-season. Nearly without exception, they have every year made a giant splash in free-agent signings. And this has been the greatest criticism of a team that has been one of the least successful teams in the NFL over that time period. The Redskins have been mocked for foolishly wasting money and continuing to believe that whatever holes the team has can be quickly and easily filled via free agency.

Then, in 2012, within hours of the beginning of free agency, the Redskins were stripped of the opportunity to engage in the free-agent market as they usually do. Nine months later, the team won its first division title in thirteen seasons, mostly on the backs of unproven, hungry, young talent.

I'm not convinced that allowing the Redskins to go back to their old ways is going to produce results different from those of the past.

I hope we get something back... looks like we have next to no cap space as-is. Sure, we can make room by cutting Hall and restructuring guys, but doing that's what got us into cap hell to begin with. I don't think we can really improve our team that much next year if we are assessed the full cap penalty.

Can you imagine a healthy, motivated Meriweather and Jarius Byrd roaming the backfield? That'd be amazing.

As amazing as Deion Sanders and Mark Carrier?

So can someone answer this for me:

Did we stay under the cap by 18mil this year?

I had heard conflicting things to say we didn't.

I'm not convinced that allowing the Redskins to go back to their old ways is going to produce results different from those of the past.

Only re-hiring Vinny Cerrrato would be going back to our old ways. Allen knows how to spend wisely.

Speaking of Vinny, I was flipping through radio stations in the car a few days ago and discovered Vinny HAS HIS OWN SHOW on CBS Sports Radio. Wow.

Maybe this is not news, but I was shocked.

CBS Sports Radio just replaced my local ESPN Radio affiliate...so now I have a choice between Yahoo Sports Radio or CBS in the car...no more ESPN. Not a fan of the CBS yet...Tiki Barber in the morning, Vinny in the mid-day, then Doug "Do you know I played at OSU" Gottlieb...yikes.

As amazing as Deion Sanders and Mark Carrier?sam shade and mark carrier

sam shade and mark carrier

You cant leave Archeletta on the bench if your gonna make him the highest paid safety in the game