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NFLPA’s brief says court ruling coming promptly after Goodell decides appeal

Roger Goodell AP

The most recent legal brief filed by the NFLPA in support of its effort to vacate the re-issued bounty suspensions contains a couple of surprises.

First, and as MDS pointed out earlier tonight, the document discloses an ESPN segment from 1996 called “Smash for Cash,” in which the league condoned the exchange of money among players for “big plays” and “big hits.”  (We’d love to know how the NFLPA became aware of the segment — and the NFL surely would love to know who if anyone at its broadcast partner in Bristol blew the whistle to the union.)

Second, the NFLPA points out that Judge Helen Berrigan has “made clear” that she will “promptly rule” on the pending motions to vacate the suspensions after Commissioner Roger Goodell issues a final internal ruling on the suspensions.

With the hearing before Goodell set for Tuesday, October 23, and a decision from Goodell certain to come promptly thereafter, a ruling will need to be made quickly by the federal court — especially if Goodell upholds the suspension on a Friday or a Saturday, with games set for Sunday.

But even though the NFLPA points out that the federal court will rule on the motions after Goodell issues a decision, the NFLPA continues to push the notion that the federal court can remove Goodell as the arbitrator pre-emptively.  The union argues that, if the partiality of the arbitrator is sufficiently clear, there’s no reason to let the arbitrator issue the ruling.  In support of that position, the NFLPA cites precedent involving Julius Erving and the ABA’s Virginia Squires and Joe Morris and the New York Giants.

Regardless of how everything turns out, it’s apparent that Judge Berrigan plans to move quickly.  Whether a decision comes before or after Goodell issues his final ruling on the suspensions, a decision will be coming quickly from a judge who managed to avoid having to make a decision the last time Goodell issued a final ruling on the suspensions.

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13 Responses to “NFLPA’s brief says court ruling coming promptly after Goodell decides appeal”
  1. mikeyhigs says: Oct 18, 2012 9:38 PM

    Maybe it was Mike Golic? Teammate of Reggie, ESPN employee? Quite possibly interviewed by ESPN for the segment? I don’t know, maybe I’m just grasping for straws.

  2. cwwgk says: Oct 18, 2012 9:58 PM

    The NFLPA and Ginsberg seem to do a lot of talking for other people. Remember Ginsberg’s representation in June that Greg Williams had recanted his confession? Of course, two months later Williams affirms what the NFL had previously disclosed in writing. Ginsberg said the same thing about Cerrullo, who thereafter confirmed he witnessed Vilma pledge $10,000.

    I hope Judge Ginsberg does rule soon after Goodell hears the appeals. However, since its the NFLPA/Ginsberg saying she will, I’ll believe it when I see it.

  3. melikefootball says: Oct 18, 2012 10:08 PM

    Another reason to say ESPN is getting to big for their britches.

  4. benmci says: Oct 18, 2012 10:16 PM

    Goodell – as time goes on and information comes out……….it doesn’t look good for him. A kneejerk reaction – and not being properly informed will have him go down as one of the biggest clowns in NFL history.

  5. mdd913 says: Oct 18, 2012 10:16 PM

    Berrigan will almost certainly overturn the suspensions. It’s what she would have done before but the internal appeal panel did it for her instead.

    With the panel ruling that Goodell overstepped his authority the first time, there is no way handing down the same exact suspensions to the two Saints players because he is not allowed to hand down discipline on matters in which the CBA doesn’t give him power.

    If Goodell had had the sense enough to check his own ego and cut the suspensions by half, he would likely have spared himself the embarrassment of having a federal judge rule against him.

  6. xakle says: Oct 18, 2012 10:22 PM

    “especially if Goodell upholds the suspension on a Friday or a Saturday, with games set for Sunday.”
    —————————

    I might be wrong, but I believe that suspensions must be set in stone by Tuesday before the following week’s games.

  7. Mike Florio says: Oct 18, 2012 10:23 PM

    I thought so, too. Until Aqib Talib’s four-game suspension became effective on a Saturday.

  8. wunsa says: Oct 18, 2012 10:56 PM

    Interesting that another new allegation by Goodell….that Jimmy Kennedy was the original snitch, and to Childress…has been so quickly and definitively refuted. Combined with the leagues continues refusal to allow Williams and Cerullo answer questions from the players it sure seems the league has nothing that can stand up to any even cursory scrutiny. Can anyone point to any damning evidence the league still holds that has not been discounted at this point?

  9. realfann says: Oct 19, 2012 1:01 AM

    Roger don’t need no stinking evidence.

  10. mrfoozball says: Oct 19, 2012 2:00 AM

    I call shenanigans.

  11. mvtrucking says: Oct 19, 2012 8:20 AM

    When all is said and done with this whole fiasco, I have a feeling that Roger Goodell will go down in flames.

  12. mjkelly77 says: Oct 19, 2012 9:21 AM

    mikeyhigs says:Oct 18, 2012 9:38 PM

    Maybe it was Mike Golic? Teammate of Reggie, ESPN employee? Quite possibly interviewed by ESPN for the segment? I don’t know, maybe I’m just grasping for straws.
    _________________

    Grasping for straws? Do you mean like the NFLPA is doing?

  13. mrpowers88 says: Oct 19, 2012 2:14 PM

    “But even though the NFLPA points out that the federal court will rule on the motions after Goodell issues a decision, the NFLPA continues to push the notion that the federal court can remove Goodell as the arbitrator pre-emptively.”

    Because, you know, the union didn’t have a chance to attempt to remove this arbitrator-role from Goodell in the not-too-distant past…

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