Vilma says Goodell shouldn’t be allowed to pick next arbitrator

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Saints linebacker Jonathan Vilma didn’t want Commissioner Roger Goodell to preside over the internal appeal of Vilma’s suspension.  Vilma got his way.

Now, Vilma doesn’t want Goodell’s designee to preside over the internal appeal of Vilma’s suspension.  Vilma may get his way.

Ultimately, Vilma wants Judge Helen Berrigan to appoint the arbitrator.

“In appointing Tagliabue, Goodell has shown beyond any doubt that he simply cannot be allowed to appoint the arbitrator to adjudicate this matter,” Vilma’s lawyer, Peter Ginsberg, writes in his most recent legal filing, “and the time has come for the Court to appoint a person who can fairly and impartially resolve the instant dispute according to the standards demanded by federal law.”

In attacking the appointment of Tagliabue, Vilma points to various factors that have been mentioned here in recent days.  Tagliabue works for Covington & Burling, the law firm that represents the NFL in the bounty litigation and other matters.  In 2010, the NFL paid Covington & Burling more than $3.8 million in fees.  In 2010, Tagliabue received $1 million in base compensation from the NFL, along with $7.583 million in deferred compensation and retirement benefits.

Vilma also explains that that, on October 22, he requested more information about money paid to Tagliabue and Covington & Burling since Tagliabue’s tenure as Commissioner ended, along with details regarding legal services provided by Covington & Burling to the NFL and its teams.  Vilma contends that the NFL refused to provide the information.

“Tagliabue cannot serve as an impartial arbitrator without compromising Covington & Burling’s and his representation of Goodell and the NFL,” Ginsberg writes.  “Any arbitration award short of a total affirmation of Goodell’s punishment conflicts, ostensibly at least, with what is the NFL’s best interests.  Likewise, any arbitration award challenging or rejecting Goodell’s conduct in this matter could jeopardize Goodell’s position in the pending defamation case.  If Tagliabue finds – as he should – that Goodell imposed discipline without basis, it follows that Goodell’s comments concerning the purported Bounty Program were reckless or in disregard of the truth.  Tagliabue thus would be in a position of issuing an award that exposes his client to liability for defamation.”

Though the NFL will respond by pointing to the fact that lawyers like Jeff Pash, who works in-house for the league, have served in this same capacity in the past, the fact that Tagliabue has a relationship with a firm that has a lucrative, ongoing, attorney-client relationship with the league creates the appearance of potential impropriety, which usually is enough to trigger judicial intervention.

Either way, we’ll have an answer by next week.  And it won’t be a surprise if Judge Berrigan disqualifies Tagliabue.

64 responses to “Vilma says Goodell shouldn’t be allowed to pick next arbitrator

  1. If you can’t see how reasonable Vilma’s request is, then even if Roger Goodell told you he made mistake and punished based on heresay, and you would still think the Saints are guilty.

  2. Doesn’t Vilma realize the CBA that he signed allows Commissioner Goodell to decide who the arbitrator will be? Even if Goodell decides it will be himself? Is Vilma that dense? No wonder Vilma is hanging onto playing for dear life. His intelligence level makes him virtually unemployable in the marketplace.

  3. they should replace the probowl voting with fan voting on whether to uphold his suspension. I imagine he’d remain suspended

  4. I wish Vilma would just tear his ACL and be done with the season. Yes, at this point I am wishing harm on this dope.

  5. You have to wonder why is Roger so scared to show his “damning evidence” to someone independant.

  6. @slizzyslizz says:Oct 24, 2012 6:31 PM

    Vilma. Shut up. I’m sick of reading about you and Goodell and what you have to say.

    Thank you.
    ———————————————————-

    Then why did you click on a link that clearly stated it was a story about what Vilma has to say about Goodell etc.?

    Then take the time to post about it…..

  7. I wonder if goodell would have just let this all be if he knew what a pain it would cause

  8. I would love to know who Vilma and the NFLPA think is a fair and impartial arbitrator as fairness is supposed to cut both ways; not just as the players demand it.

  9. It is a shame that Vilma is such an idiot and it is a bigger shame that he doesn’t have enough sense to shut his pie hole.

    I believe that the appointment of selecting the arbitrator was covered in the settlement last year. If Vilma is disappointed in the manner in which his rights were bargained away then he might want to address it with the NFLPA.

    Behind closed doors.

  10. Since Vilma was a union member that agreed to the CBA, he waives any problem he has with the process. All this garbage he and his lawyer keep spewing are to cover for the fact that he agreed to the CBA, punishment and appeal processes included.

    The only reason the court case is still an issue is because Berrigan is afraid of the backlash (i.e. not being re-elected) she would get in LA if she dismissed the case, which is what she is obligated to do. The only other state that would allow this case to continue is California (because who really understands their legal system?)- and that’s still a maybe.

    I’ll give him this though- Vilma did a smart thing by hiring outside counsel, so he doesn’t have to deal with the NFLPA brain-trust trying to defend him.

  11. mjkelly77 says: Doesn’t Vilma realize the CBA that he signed allows Commissioner Goodell to decide who the arbitrator will be? Even if Goodell decides it will be himself? Is Vilma that dense? No wonder Vilma is hanging onto playing for dear life. His intelligence level makes him virtually unemployable in the marketplace.

    So if it’s that simple why isn’t Vilma suspended? Why are we still talking about this?

    OBVIOUSLY it’s not that simple.

    Roger Goodell should do one of those pro wrestling deals by putting on a Lucha Libre mask and announcing in a fake accent that he, The Great Azteca, has reviewed the case and determined that Roger Goodell was correct all along. Just as transparent as having Tagliabue do it.

  12. Good Lord!!! Will this Vilma character just accept the CBA process HE voted for and just let the system work??? If I ever had any doubt about his guilt or innocence before, it’s gone now. Anyone who tries to manipulate the process the way he has been doing certainly is trying to hide something.

  13. So basically, he’s ok with the CBA, except when it goes against him. Then it’s not fair. Millionaire cry baby’s suing billionaires. And I’m supposed to give a crap? The only thing more annoying is anonymous posters blaming Goodell for everything. As if Goodell doesn’t just take his marching orders from the owners. And as if he isn’t rich, just like every party in this whole debacle.

  14. He is accused of doing the same thing at Miami
    – real inconceivable that he didn’t do this in he NFL?
    What happens when Miami gets sanctions based on
    his actions- taking 10k to knock an FSU qb out of a game-
    Will he be quiet then and slink off into the night?

  15. Is Vilma taking legal advice from Lance Armstrong? Give it up already, admit you were wrong and move on. Hell, if you just did that in the first place we would forgive you faster than we would at this point right now.

  16. Any comment that suggest the accused should “shut up” and just go away represents ignorance of the highest order. I would imagine the guilty posters know who they are. Mr. Vilma is courageous man who is fighting to clear his name, and every americans deserves that right.

  17. Vilma says this, Vilma wants that….Who the F does this clown think he is? If he’d have taken his suspension, it’d be half over by now. I wish he’d fade away like his buddy Scott Fu-cheata.

  18. ***footballfan58 says:
    Oct 24, 2012 7:08 PM
    Anyone who tries to manipulate the process the way he has been doing certainly is trying to hide something.***

    I totally agree. You’re talking about Gooddel, right ??

  19. Here’s how I see this playing out…

    Goodell is going along with all this because, for now, it’s allowable through the CBA and it won’t change the eventual outcome. When Berrigan does something that goes against the CBA, you can be sure there will be an NFL appeal to a higher court with the argument of “Berrigan said to re-review the facts, we did. We were told to rehold the ‘hearing’, we did. We were asked to recuse ourselves, we did. We were asked to appoint an impartial party as per the CBA the players and players union agreed to, we did…” all this becomes ammo for the NFL when it’s their turn to file an appeal that they’ve gone above and beyond with the players requests and it’s time for the matter to be settled by the process the players (and their counsel) agreed to

  20. heroofthisparish says:Oct 24, 2012 6:58 PM

    I would love to know who Vilma and the NFLPA think is a fair and impartial arbitrator as fairness is supposed to cut both ways; not just as the players demand it.
    —————————————–

    I’d imagine they prefer Drew Brees

  21. i understand what Vilma is saying, but that is his and the entire nflpa’s fault. they are the ones who signed the cba, giving goodell exclusive power. stop crying, serve your suspension, and deal with it.

  22. Vilma is acting like a guy who was just framed with false charges and wants someone other than the person who did the framing deciding the matter. I agree because Vilma is innocent of all this bull malarkey.

  23. Soooo. I guess you guys don’t see anything wrong with someone who is counsel to a law firm representing a man you’re suing as well as that same person still receiving millions from said organization acting as an “impartial” arbitrator?

    Forget what you think the CBA says for a minute. Answer that question honestly.

  24. They have professional arbitrators that do this sort of thing, the NFL doesn’t want anyone from the outside because they will allow questioning of witnesses. They don’t want anyone to know they cut a deal with Gregg Williams and these players and coaches did not think this up, they will attest that they have done this on every team. Watch what you wish for Giants, Skins, Jets, Packers, Bills the list goes on…

  25. To all you Vilma & Saints haters … Did you even read the article? It clearly states that a conflict of interest can be just cause for judicial intervention regardless of what the CBA says. I see the same question repeated asked as to who Vilma, the other players & the NFLPA would consider a fair arbitrator. Ever think maybe Stephen Burbank, the person the CBA designates to handle all salary cap violation issues would be an appropriate arbitrator? Now ask yourself, why has Goodell repeatedly fraught to keep the allegations under his control, even after the NFL panel overturned Goodell’s original suspensions b/c he overstepped (i.e. violated) his authority under the CBA?

  26. Wilma, will you PLEASE shut up and go for your Halloween costume fitting? You’re gonna wow ’em when you show up dressed as a Massingil Summers Eve.

  27. Jonathan Vilma was disciplined by his employer for acts deemed detrimental to his employer’s business. Just like countless other Americans.

    Mr. Vilma’s employer is a private enterprise. When an employee is disciplined by a private enterprise they have NO due process rights under the U.S. Constitution. They have NO constitutionally protected right to face their accuser(s). They have NO constitutionally protected right to see their employer’s “evidence.” They have NO constitutionally protected right to a trial in front of a judge or a jury. In fact, absent a written employment agreement, an employee can be fired for ANY reason, so long as it is not based on their race, religion, etc.

    It’s the employer’s business, it writes the rules. When it comes to discipline, the employee isn’t supposed to have equal footing. By design, the employer holds all the cards. A principle that’s been long established, and well recognized, in employment law.

    Jonathan Vilma has a written employment agreement that he, you know, agreed to. That agreement establishes that Goodell, or someone who Goodell appoints, will serve as the arbitrator over the type of dispute that has arisen between Vilma and the league. There are no exceptions.

    It’s so patently obvious that Vilma doesn’t like the deal he (as a member of the NFLPA) signed. He wants to play by different rules than the ones to which he agreed. Vilma is claiming he has various rights that just don’t exist in the law. That’s what so many people fail to realize.

    Jonathan Vilma’s petulance is nauseating.

  28. What you people don’t seem to understand is that the CBA was accepted by the NFLPA. but the NFLPA is going on the assumption that the process is fair. It obviously is not. If it were then Mr Goodell would have laid all the cards on the table by now to prove his case. He’s obviously hiding something and I think the Federal Judge will ultimately decide that the NFL is going down a precarious road and needs to produce ALL the evidence & witnesses to prove that they are being fair. It’s Mr Vilmas right under the US Constitution, that I am sure trumps a CBA that is not being used as it was agreed on. IMO.

  29. Soooo. I guess you guys don’t see anything wrong with someone who is counsel to a law firm representing a man you’re suing as well as that same person still receiving millions from said organization acting as an “impartial” arbitrator?

    Forget what you think the CBA says for a minute. Answer that question honestly.
    ———————————
    So, you want me to ignore the contract that I agreed to? The collective bargaining agreement by which myself and my fellow employees are employed under, and just go rogue and declare that I want my own set of rules? To sue my employer and say, even though you paid me under the terms of said agreement, I wish to now violate said terms, and rewrite the contract? I’m sorry, but I am a man of honor and a man of my word. I cannot do that.

  30. Some of you folks just don’t understand. It does not matter what the CBA says in regards to whether Goodell has sole discretion to appoint anyone he wants to hear the appeal. The issue here is that Tagliabue is the one who has a legal conflict and cannot act as both a lawyer for the NFL (via the firm he works for) AND also act as an “independent” arbitrator of the “bounty” case because f his ongoing legal duty to the NFL. Tagliabue can’t do both. Goodell can appoint anyone in the world to act as the arbitrator, EXCEPT a lawyer who works as a lawyer at an outside firm representing the NFL cannot take the job. He, Tagliabue, would be violating legal ethics rules as a lawyer. Yes, there are rules to being a lawyer. Most common folks who are not lawyers don’t understand such a thing can exist, but it could lead to action against Tagliabue, including reprimand, suspension or disbarment, by the appropriate Bar Association.

  31. there are so many dumbies who dont understand the first thing about contracts….the CBA gives goodell power true enough…but NO CBA!! I REPEAT ….NO CBA TRUMPS FEDERAL LAWS!! and under federal law vilma and players are GURANTEED a fair hearing. not a hearing where goodell says “i feel” r “i think”…. you had intent to injure…n i will not show you evidence or let you question witnesses….i will cause you to lose millions simply cause i have a hunch n there is nothing you can do about it…WRONG!!! FEDERAL LABOR LAWS TRUMP EVERYTHING HE “FEELS” so stop all that he signed a CBA b.s if you dont understand law!!

  32. The only reason the court case is still an issue is because Berrigan is afraid of the backlash (i.e. not being re-elected) she would get in LA if she dismissed the case,
    ———————————
    IIRC Berrigan is a FEDERAL judge. Federal judges are appointed and serve for life unless removed via impeachment and conviction by the U S Senate, or via resignation or retirement.

  33. Mr. Florio how can you allow an idiot like the person sign in as edhoculi who wishes injury on Jonathan, what a piece of trash to wish that on someone. Everyone who’s so tired of this issue should just go away we don’t care for you and your nasty ways. But you need to ask yourself, if you were in a situation where you were falsely accused would you just say the heck with it, I’ll just go away because some ignorant fool like the bogus edhoculi is tired reading about it, would you? No you would fight to clear your name, so if your tired of this issue why don’t you go play some touch football on your lawn and maybe tear your ACL. edhoculi your nothing but a punk.

  34. The NFL should agree to re-open the CBA and negotiate the arbiter choice to the NFLPA…. Of course for a 25% reduction of the salary cap.

  35. There is a CBA in place with rules that the NFLPA agreed to and Vilma’s teammate the great Drew Brees agreed too.

    I am sure most accused murderers would like to select their own judge and jury as well.

    Tags is a former commisssioner and an attorney with an oath. Additionally, Tags allowed Smash for Cash so maybe this would benefit Vilma. I hope they suspend Vilma and he misses half of this year and all of next year.

    Fire goodell too

  36. I cannot see Goodell’s going through meaningless motions as being helpful with Judge Berrigan. So far, Goodell has shown that he’s willing to manipulate facts and he cannot hold a fair hearing without either re-reviewing his own decision or getting his mentor to cover for him. If there is such a great case against the Saints, why go to all this trouble? None of this will be much help with the eventual damages that will be issued or settled on in the concussion cases. Goodell’s strategy makes no sense.

  37. Can we start a money pot here and see if someone can get Villma carted off our computers screens the cash is yours. I’m so sick of this junk.

  38. (Vilma) Can I get my MOMMY to be arbitrator. who do they think they are…. if this happened at anyone elses work he would have been fired by now. I think they ought to have a board nade up of owners to reside over the process…you could get some of the respected owners ie the Rooney’s, Kraft, Blank hell even Jones. but this liberal crap that judges wanting to get their name in lights, has got to stop…. they need to try and enforce the law with an unbiased approach instead of their own personal agenda.

  39. Roger Goodell has done everything at every turn in this process to not find truth but to push HIS agenda. Sorry, but to have the person that was your mentor be the arbitrator in this issue is just wrong. Why are you so intent on not having a neutral person be involved in this. It just stinks. The truth is none of us can truly believe the lofty NFL can be as incompetent as they are…

  40. “Either way, we’ll have an answer by next week. And it won’t be a surprise if Judge Berrigan disqualifies Tagliabue.”

    ____________

    Florio you once said we shouldn’t be surprised if Berrigan issued the injunctions the players sought. But she instead took no action at all, and waited on the decision from NFL arbitrator Burbank. I’d be really surprised if she does what you say. In fact I believe she will uphold Tags. But I’ll guarantee you this, someone within or connected to the NFL will here this appeal. It’s their right per the CBA. This is again Vilma’s team attempting to circumvent the CBA. It truly as Goodell said is an improper lawsuit. I believe by agreeing to rescue himself Goodell has also chained Berrigan on taking action of any kind other than following the CBA’s rules.

  41. Some people are commenting about an independent arbitrator. They have no right to that. There has been no order by a judge to appoint an independent arbitrator. And there is no case in which an independent arbitrator is used under the CBA. THere are special arbitrators but no independent ones.

  42. Lets see. Your union signed the new CBA which states the NFL doesnt need to have arbitration at all. You should feel lucky they are even offering tagliabue.

    Its not going to matter anyway, the sworn testimony against you will be more than enough for whatever suspension is left to be upheld. And hopefully Karma will handle the rest when you finally set foot back on the field.

  43. Why would anyone care what Johnathan fricking Vilma says? The guy is a nobody, no one except for obnoxious, whiny Saints fans even care.

  44. This is really getting old.
    The idiots who negotiated the New CBA AGREED that the Commissioner presides over all appeals. The CBA allows him to appoint his designee. The Commish. stepped down and appointed a designee. This is what they bargained for;enough already!

  45. footballfan58 says:
    Oct 24, 2012 7:08 PM
    Good Lord!!! Will this Vilma character just accept the CBA process HE voted for and just let the system work??? If I ever had any doubt about his guilt or innocence before, it’s gone now. Anyone who tries to manipulate the process the way he has been doing certainly is trying to hide something

    ______________________________

    I could not agree more on the (Anyone who tries to manipulate the process the way he has been doing certainly is trying to hide something). The only problem is that you have it backwards, Goodell is the one trying to hide somthing (Evidence) all Vilma is doing is fighting tooth and nail trying to get Goodell to show it.

  46. Last me ask one question what has Jonathan Vilma and Drew Brees done to you for you to hate them so much? Is it because they’ve kicked your teams butts the last few years, you people who continue to write such nasty things should re-read your post before pressing the post button because they sound just like the ignorant fools that you are, your mother’s must be so proud of the way you’ve turned out, or you should take a long look in the mirror and see just how big of idiots you are!!!

  47. Same old comments:

    Shut up Vilma

    The Union signed the CBA

    Some unoriginal comment about Drew Brees

    You guys should really have someone read Vilma’s memorandum to the court to you. His grounds for Tag’s recusal are solid. Only a fool would agree to the selection of an arbitrator who works for the same law firm representing Goodell and the NFL.

    What should disturb anyone who actually understands the issue is that Tag accepted the role given the obvious conflict of interest.

    As an attorney in the law firm representing the NFL and Goodell he has an ethical duty to be a zealous advocate for their interests in this matter. As an arbitrator, he is supposed to be impartial. Those duties are irreconcilable.

  48. sfsaintsfan says:

    Some of you folks just don’t understand. It does not matter what the CBA says in regards to whether Goodell has sole discretion to appoint anyone he wants to hear the appeal. The issue here is that Tagliabue is the one who has a legal conflict and cannot act as both a lawyer for the NFL (via the firm he works for) AND also act as an “independent” arbitrator of the “bounty” case because f his ongoing legal duty to the NFL. Tagliabue can’t do both.

    _____________________________

    Why can’t he do both?

    The NFLPA is representing the perpetrators of “bountygate” and the targetss of “bountygate”.

    As soon as the NFLPA abandons this legal nonsense – this case will be over.

    Hargrove is done, Fujita is done, Vilma will be done as soon as his appeal is denied. The only semi relevant player left is Smith.

    Smith needs to serve his 4 game suspension and then return to the game.

  49. sfsaintsfan says:

    Some of you folks just don’t understand. It does not matter what the CBA says in regards to whether Goodell has sole discretion to appoint anyone he wants to hear the appeal. The issue here is that Tagliabue is the one who has a legal conflict and cannot act as both a lawyer for the NFL (via the firm he works for) AND also act as an “independent” arbitrator of the “bounty” case because f his ongoing legal duty to the NFL. Tagliabue can’t do both.

    —-

    I don’t care. You’re a trash talking idiot whose team sucks. I’m happy for any sanctions levied against this cheating team. I think they should have their tainted Super Bowl victory vacated. If you want people to take you seriously, perhaps you shouldn’t whine so much when bad things happen to your team, yet attack other fans for doing the same thing.

    Sorry, but you’re a hypocrite, and no one reads what you have to say.

  50. All I can say is Vilma had better be innocent. If he isn’t, then he will have done much more harm to his reputation. I don’t mean just getting out of his suspension. He needs absolute exoneration that proves he is an innocent victim wrongly accused. Anything less than that and he will only have done more harm to his image than just letting it be.

  51. The funniest part of all this is if goodell, at any point since handing out the original punishments, showed the evidence he has, what would vilma, brees, and the idiots on here say?

    He made it up! He fabricated it! Goodell and the evil henchman! Evil dictator!

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