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Cowboys, Redskins cap fight may not be over

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The removal of $46 million in combined salary cap space from the Cowboys and Redskins has turned a pair of arch-rivals into partners.  And there are indications that the partnership has not yet ended, notwithstanding Tuesday’s statement suggesting that the challenge to the cap penalty controversy is over.

The statement indicates that the two teams won’t appeal Special Master Stephen Burbank’s decision that the move can’t be attacked under the labor deal because the NFL expressly agreed to the cap reductions.  But the statement doesn’t expressly state that the fight is over.

‘We pursued our salary cap claim pursuant to the CBA and we respect and will abide by the arbitrator’s decision to dismiss,” the two teams said.  “We will continue to focus on our football teams and the 2012 season.”

Strongly implied in that statement is the notion that the franchises have folded their tents and abandoned the effort.  Officially, however, neither the Redskins nor the Cowboys have responded to emails from PFT posing the simple question of whether the joint statement means that the matter has concluded.

Moreover, a source with knowledge of the situation tells PFT that the fight may not be over.  Technically, that wouldn’t be inconsistent with Burbank’s decision, because he plainly stated at the end of his 12-page ruling that the teams “retain whatever remedies they may have against [the NFL] under contract and agency law.”

So until the Redskins or Cowboys say it’s completely over, it’s not completely over.  And until it’s completely over, there’s a chance one or both teams will sue the NFL under theories like breach of contract and/or breach of fiduciary duty.

In other words, don’t put your popcorn away just yet.

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39 Responses to “Cowboys, Redskins cap fight may not be over”
  1. bozosforall says: May 23, 2012 10:14 AM

    Though I strongly dislike both Jerruh and The Danny, I approve of them going after that pompous a$$ Goodell. It’s about time that someone cuts him off at the knees.

  2. ipeefreelyagain says: May 23, 2012 10:15 AM

    Heres something I don’t understand.

    The Panthers paid $32 Million to Charles Johnson in 2011, the highest NFL salary for that year.

    -But the Cowboys are penalized for front loading Miles Austin’s contract, that I believe gave him $17 Million?

    I’m no Einstein, but why weren’t the Panthers penalized for treating the uncapped year like an uncapped year, front loading his contact with nearly 50% of the 7-year deal in 2011?

  3. no14mike says: May 23, 2012 10:17 AM

    >”Officially, however, neither the Redskins nor the Cowboys have responded to emails from PFT posing the simple question of whether the joint statement means that the matter has concluded.”
    >thus, they must be wanting to fight it.
    >Florio facts

  4. marvsleezy says: May 23, 2012 10:21 AM

    I understand that the NFL clubs may have had an inside agreement not to dump money in the uncapped year –

    BUT, wasnt that agreement a good thing for all the small and midsized markets in the league?

    The Boys and Skins tried to gain an unfair advantage on the rest of the league by taking advantage of the fact that they are in a larger market.

    If the other owners would have known ahead of time that these 2 teams were going to cheat the system, they probably would have never even allowed there to be the uncapped year to begin with.

    This is a shady deal by the Skins and Cowboys, and was an underhanded way to gain an advantage on the midsize and smaller market teams.

    Im glad they are being fairly punished.

  5. sj39 says: May 23, 2012 10:22 AM

    Sometimes you remind me of a heart surgeon waiting around like a vulture praying for a patient in need of a triple-by-pass.

  6. snakecage says: May 23, 2012 10:23 AM

    They have no reason to not pursue a lawsuit. The NFL needs these two highly profitable teams not the other way around. The Redskins and Cowboys help subsidize teams like the Bills, Jags, etc. I guarantee a nasty fight next time revenue sharing is discussed. This was a stupid ruling made by a division rival and direct competitor. As a Redskins fan I have developed a sense of unity with the Cowboys. I hope both teams fight this until the end merely out of principle.

    Oh and way to go NFL by ruining one of the better rivalries in sports.

    HTTR

  7. jam11163 says: May 23, 2012 10:26 AM

    you 2 pushed the limits to far and now must pay the price. BONEHEADS. no one is above the league…. lol. j.k. i thought it was an uncaped season ?

  8. the3taveren says: May 23, 2012 10:28 AM

    The Skins and Cowgirls shouldn’t sue the NFL. They would win in court (the battle) but would lose the war. The NFL and that weasle Mara would find another way to screw them!

    With that said, the fans should sue the NFL (and Mara)! What grounds do they have? The fans provided the $46M that the NFL stole from the Skins and Cowgirls and gave it to other teams!!!

    In fact they had to give the NFL over $80M to account for that $46M. We did that with the intent that we were supporting our two teams, not the 28 other teams the NFL gave OUR money to!

    Any lawyer want to start up a class action law suit?

  9. commonsensedude says: May 23, 2012 10:28 AM

    I’ve got to hand it to Roger Goodell. It takes a special type of tyrant to unite the Redskins and the Cowboys in revolt. Has he built a statue of himself outside of NFL Headquarters yet?

  10. gweez76 says: May 23, 2012 10:29 AM

    Fight on, fight on till we have won Sons of Washington. FIGHT FIGHT FIGHT!

  11. icecake12 says: May 23, 2012 10:30 AM

    Mike another terrible article. Just because they didn’t respond to your e-mail doesn’t mean they are planning on continuing there fight against the NFL. The redskins and cowboys were stupid for going through with this in the first place. They were told not to do this and they did. The 28 teams that benefited from this are the ones that have to overturn this. Do you think they will give up extra spending money?

  12. waitingguilty says: May 23, 2012 10:32 AM

    If it makes you feel better, Snyder won’t return my emails either.

  13. spartan822 says: May 23, 2012 10:39 AM

    sj39 says: May 23, 2012 10:22 AM

    Sometimes you remind me of a heart surgeon waiting around like a vulture praying for a patient in need of a triple-by-pass.
    —-
    I’m pretty sure that’s one of the core principles of PFT, or any other media outlet.

  14. rickastleydancemoves says: May 23, 2012 10:40 AM

    Just let it go, you’re not going to win a legal battle against the NFL.

  15. ahsinnyc says: May 23, 2012 10:41 AM

    I think the Skins should sue. Not so much Dallas, because Jerry has aspirations of more Superbowls (and he’ll make a lot more than $10M by hosting one).

    What’s interesting is Burbank’s comments – basically I couldn’t do anything given the CBA and NFLPA agreeing (forced or not). But, in a court of law, the NFL essentially has no case.

    Judge Doty must be licking his chops.

  16. kairn42 says: May 23, 2012 10:47 AM

    in my opinion, the ‘boys and ‘skins need to get the info on what the salary floor will be when it starts and use that info to their advantage to call out all the teams that DIDN’T spend money since they also contributed to a competitive imbalance. I also feel the two teams almost need to go the scorched earth route now. This isn’t just about capped or uncapped years….this is setting a precedent. There was no ‘2 year long investigation’ resulting in this decision…this came from the cap being far less than the union thought it would be and agreeing to this ‘deal’ 2 years after the fact. If the ‘boys and ‘skins don’t go Al Davis on the NFL now, it will be MUCH harder to do it later on the next time the League does something like this.

  17. daysend564 says: May 23, 2012 10:50 AM

    @ipeefreelyagain

    You said it yourself (…in 2011…). 2011 was not uncapped, the only uncapped season was 2010. The Panthers just didn’t have many good players on the roster since they got a huge break with the rookie cap system. The were able to use that number under the 2011 cap.

  18. rarelyclever says: May 23, 2012 10:50 AM

    I hate the Redskins. I’m a Dallas fan, and I hope they lose every game in every season. What I don’t want is to see them screwed in a massive way by a court ruling outside the game that makes absolutely no sense. Dallas lost $5 million off the cap this year, but Washington lost triple that, which would be devastating to the competitiveness of any team in the league.

    The NFL is trying to sweep this under the rug and convince the two most profitable franchises in the league not consider serious legal recourse, but I certainly hope they bring the wood.

    Hope you’re wearing your knee and thigh pads, Goodell.

  19. rufustfireflyjr says: May 23, 2012 11:03 AM

    the3taveren says:
    May 23, 2012 10:28 AM
    “The fans provided the $46M that the NFL stole from the Skins and Cowgirls and gave it to other teams!!!”

    The NFL didn’t “steal” a dime from the ‘Skins or the Cowboys, nor did they give any money to the other teams. In fact, they kept the two teams from spending money by lowering their cap figures, and then increased the caps of the other 30 teams by an equivalent amount. No money changed hands. Outrage is all well and fine, but it helps to have a few facts on your side, too.

  20. dcbassguy says: May 23, 2012 11:06 AM

    @ipeefreelyagain says: May 23, 2012 10:15 AM

    Heres something I don’t understand.

    The Panthers paid $32 Million to Charles Johnson in 2011, the highest NFL salary for that year.

    -But the Cowboys are penalized for front loading Miles Austin’s contract, that I believe gave him $17 Million?

    I’m no Einstein, but why weren’t the Panthers penalized for treating the uncapped year like an uncapped year, front loading his contact with nearly 50% of the 7-year deal in 2011?
    ———————————————————-

    Because even though the contract was front loaded like that, the Panthers were still under the imaginary “salary cap” for that year. The Panthers didn’t break the “cap”, so there is no need to include them in this.

    Best part is, it all worked out that the 2 owners that are always trying to fight the cap, got hit with the penalties. If these guys would hire someone that actually knows how to work the cap, they may have better teams, instead of having 4 stars and 48 schlubs.

    It’s just another excuse for cowgirls and foreskins fans to use at the end of the year, when their teams don’t make the playoffs……. Again!

  21. eaglesw00t says: May 23, 2012 11:06 AM

    i usually stand on the side of Goodell and the owners. Mostly because I hate De Smith.

    But with this one, Im just lost. I dont know why they went after the Cowboys and Skins. I think it was wrong to go after just the two of them.

    And coming from an Eagles fan who despises both teams, that surprises even me. I honestly believe this is the first and last time I will ever in my entire life agree with either Jerry Jones or Dan Snyder.

    Prosecuting unwritten rules is wrong. Granted, I dont know all of the facts here (and I freely admit that) but this all sure sounds just wrong to me.

  22. footballfanatic1906 says: May 23, 2012 11:07 AM

    @marvsleezy not sure where you get your info or what causes your lack of understanding but there can not be a verbal agreement to collude. The teams didn’t try to take advantage of being in a larger market they restructured salaries to put monies during an uncapped year. This was approved by the league that year and has been approved throughout the years. The reason the owners did not want that is because it raised the franchise average salaries for those players at the positions (ie DT CB WR). This penalty was spearheaded by a division rival Mara of the Giants. You may want to read up on your info before you blurt out idiotic statements based on just your opinion.

  23. eaglesnoles05 says: May 23, 2012 11:16 AM

    No fight is ever over when there are sore losers involved

  24. cleminem757 says: May 23, 2012 11:25 AM

    The two top grossing teams in the NFL decided to do what other teams were doing and dump dead weight from a couple of contracts. So your big idea is to penalize just those two teams. Guess what, they are still the two top grossing teams in the NFL, and the only ones with the balls to take the NFL up on its stupidity. Nice job Roger and John!!!

  25. footballfanatic1906 says: May 23, 2012 11:31 AM

    eaglesnoles05 says:
    May 23, 2012 11:16 AM
    No fight is ever over when there are sore losers involved

    Much like the Only team in the NFC East without a Super Bowl? Dream Team v2.0

  26. cleminem757 says: May 23, 2012 11:35 AM

    I just hope they do take this to court. The NFL has not done very well when non biased parties get involved.

  27. hendawg21 says: May 23, 2012 11:44 AM

    There is no logical reasoning behind what GODdell and Mara did…for years it’s been a fact that owners such as the Bidwells, Browns and others were underspending and causing competitive imbalance and nothing was done…

    Now they want to blame the Skins and Cowboys for breaking an unwritten rule that wasn’t there spearheaded by a division rival…that people is shady business.

    GODdell openly admitted they did nothing wrong yet we still feel the need to impose these penalties??? Really for what??? The league for the most part or some of the smaller market teams survive due to Revenue sharing and guess who the big 2 revenue teams are???? Dallas and Washington, that being said why bite the hand that feeds you? I say take GODdell and Mara to court and bring them to their knees.

  28. therealsmiley says: May 23, 2012 11:44 AM

    Make sure Mara’s name is included in all actions going forward, please. Hail!

  29. phfootballka says: May 23, 2012 11:53 AM

    “It’s over Jerry……It’s OVER!”

    “Nothing is over! Nothing! You just don’t turn it off! It wasn’t my war! You penalized us, We didn’t penalize you! And we did what we had to do to try to win! But somebody wouldn’t let us win! And I come back to the Owners meetings and I see all those maggots (Goodell and Mara), protesting me, spitting. Calling me cheater and all kinds of vile crap! Who are they to protest me? Who are they? Unless they’ve been me and been screwed by Mara and Goodell and know what the hell they’re yelling about!”

    Jerry slowly ties headband……..

  30. marvsleezy says: May 23, 2012 11:53 AM

    footballfanatic1906:

    You are wrong – The small market teams could never outlay that much cash in one year – Only the large market teams – Thats why the Boys and the Skins did it.

    2 large market teams, 2 of the most immoral owners in history – COINCIDENCE? I think not.

  31. erod22 says: May 23, 2012 12:06 PM

    Now the NFLPA has just filed suit against the NFL for collusion.

    Mara opened Pandora’s Box.

  32. The Shoeman says: May 23, 2012 12:07 PM

    Why don’t you Cowboys/Skins fans try to learn the facts.

    The Redskins and Cowboys ignored the warning/agreement/whatever you want to call it, and this season the other 30 owners made them pay.

    They ( the 30 OWNERS) voted unanimously to strip the two teams of the cap space they would have used up with the large, front loaded contracts in the uncapped year.

    While it would seem that the Redskins and Cowboys really didn’t do anything legally wrong,
    they also really didn’t have much of a legal standing to challenge the actions of the other owners.

    The union certainly would have seen it as collusion, but as part of their settlement with the NFL, they agreed to give up any right to sue after the fact.

    Also, the cap space taken from Dallas and Washington was distributed to the other 30 teams, so the players didn’t lose any money in the deal.

    Also, since the NFL is co-owned by the owners of each, it really has broad power to do what it likes as far as dealings between them.

    So..when you keep saying things like : I say take GODdell and Mara to court and bring them to their knees. … you friggin’ can’t !

  33. nypd1056 says: May 23, 2012 12:30 PM

    Matra is the owner of only ONE team. There were 31 other teams that voted on this issue. Just re3member, there are only FIVE teams with 4 or more SUPER BOWL VICTORIES. Its tough to be a LOOSER

  34. gweez76 says: May 23, 2012 1:10 PM

    NYPD,

    It’s even harder to go through life as an illiterate. Man that’s some horrible grammar.

    Mara and his comments are now listed in the court case. Congrats.

  35. dikshuttle says: May 23, 2012 1:23 PM

    @ Shoeman – I pretty much think you just defined “collusion”.

  36. hendawg21 says: May 23, 2012 1:43 PM

    The Shoeman says:
    May 23, 2012 12:07 PM
    Why don’t you Cowboys/Skins fans try to learn the facts.

    The Redskins and Cowboys ignored the warning/agreement/whatever you want to call it, and this season the other 30 owners made them pay.

    They ( the 30 OWNERS) voted unanimously to strip the two teams of the cap space they would have used up with the large, front loaded contracts in the uncapped year.

    While it would seem that the Redskins and Cowboys really didn’t do anything legally wrong,
    they also really didn’t have much of a legal standing to challenge the actions of the other owners.

    The union certainly would have seen it as collusion, but as part of their settlement with the NFL, they agreed to give up any right to sue after the fact.

    Also, the cap space taken from Dallas and Washington was distributed to the other 30 teams, so the players didn’t lose any money in the deal.

    Also, since the NFL is co-owned by the owners of each, it really has broad power to do what it likes as far as dealings between them.

    So..when you keep saying things like : I say take GODdell and Mara to court and bring them to their knees. … you friggin’ can’t !

    You my friend are an idiot, you can’t legally penalize someone for a rule which didn’t exist…a rule which was made up 2 years after the fact, and on top of that you approved the contracts at the heart of the matter…you need to learn the facts….

  37. koolrepetoire says: May 23, 2012 2:41 PM

    Right is right & wrong is wrong. Who cares what teams you don’t like? Homerism blinds people.Sheesh. I’m just sayin’.

  38. patsaintsbroncoscheat says: May 23, 2012 6:57 PM

    Cowboys, Redskins cap fight may not be over
    __________________
    Nope. It is over the skins and boys just do not realize it yet. Goodell has made a decision and it will stand.

  39. applecool1981 says: May 23, 2012 11:45 PM

    The judge basically told them that the NFL wouldn’t have a leg to stand on in the court of law; why wouldn’t they take them to task.

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