The NFLPA conducted a conference call Wednesday afternoon to address questions regarding the collusion case that was filed earlier in the day against the NFL. The 45-minute discussion focused at times on the language of a “Stipulation of Dismissal” submitted by the lawyers for the NFL and NFLPA upon conclusion of the Reggie White litigation in August 2011.
The stipulation plainly states that the parties agreed to a dismissal of all claims, “known and unknown, whether pending or not,” including but not limited to “asserted collusion with respect to the 2010 League Year.” NFLPA outside counsel Jeffrey Kessler, who at one pointed admitted that the stipulation if effective would be fatal to the new collusion claim, contends that the stipulation was superseded by a subsequent order entered by Judge David Doty.
Predictably, the NFL disagrees. “A stipulation of dismissal on behalf of the union and the White class was signed by Kessler and filed in the Court,” NFL spokesman Greg Aiello told PFT via email. “The union is bound by that document.”
We’re now trying to get our hands (or at least our eyes) on the Doty order to which Kessler referred. Though the language of the order signed by Judge Doty won’t win the new collusion case, it could quickly kill it.
Kessler also elaborated on the basis for the collusion claim. We’ll address that in a separate item.