NFL loses attempt to dismiss Colin Kaepernick’s collusion case

Getty Images

Colin Kaepernick’s case that the NFL’s owners are colluding against him can move forward.

Today arbitrator Stephen Burbank announced his ruling that the case will not be dismissed, as the NFL had requested.

“On August 28, 2018, the System Arbitrator denied the NFL’s request that he dismiss Colin Kaepernick’s complaint alleging that his inability to secure a player contract since becoming a free agent in March 2017 has been due to an agreement among team owners and the NFL that violates Article 17, Section 1 of the collective bargaining agreement between the NFL and the NFLPA,” Burbank’s statement said.

A source tells PFT that further discovery is expected, meaning Kaepernick and his attorney Mark Geragos will have more opportunities to gather information about any dealings inside the league that left to Kaepernick being kept out. And the case now appears set to move toward a hearing where NFL owners will be forced to testify about what they’ve directed their teams’ personnel departments to do with Kaepernick.

Although Burbank’s ruling applied only to Kaepernick and not to his former teammate Eric Reid, who is also alleging the owners have colluded to keep him out, it’s good news for both players and bad news for the league, which was hoping it could put Kaepernick’s case behind it.

98 responses to “NFL loses attempt to dismiss Colin Kaepernick’s collusion case

  1. It’s just a matter of time before this farce finally gets dismissed and Kaep can go back to hanging with his racist girlfriend, Reid can do his best to catch the next flight and Geragos can go back to ambulance chasing.
    Meanwhile, real football starts soon!!!!!!

  2. Kaepernick needs to learn from Tim Tebows example. He essentially went unsigned because of the media circus and following he had. Teams don’t want distractions. Kaepernick had success only when Harbaugh was his coach and the 49ers had a top run game and top defense. Mediocre at best after that. Not worth the distraction he brings.

  3. Hopefully he wears his Fidel Castro shirt. A man who enslaved his people, so that the kneelers will finally realize, maybee we were wrong. Turned down $16 million from San Fran

  4. This is good news for everyone who was inept in their job, was a distraction, voluntarily walked out and as a consequence is unwanted. Not so good for employers who are attempting to run a profitable business.

  5. “NFL owners will be forced to testify about what they’ve directed their teams’ personnel departments to do with Kaepernick.”

    That line is a head sctratcher because the case is not about what owners said to their personell departments, frankly they can say what they want to their personnel departments and freely admit it too. The case is about what owners might have said to each other. Also the fact that the NFL lost makes me wonder if they did get some evidence out of all those subpoenas, because I would think that if they were still sitting on nada they would not have won.

  6. This is just a pimple on the owners arse. Right or wrong, this will not effect their bottom line.

  7. Care less about this whining, spoiled knucklehead, but I dont mind seeing the clowns who run the league get tied up in law suit hell. Enjoy each other.

  8. As much as this is a farce it is also a good thing as no nfl owner in his right mind will want to bring this cancer aboard. I wish one owner would simply come out and say it.

  9. If what he is claiming actually happened, then it is against the collectively bargained rules. Plain and simple. Agree or disagree. The NFL has used the CBA as a weapon against the players many times, and often unfairly. “The rules are the rules” as they say. Same goes here.

  10. Once this garbage is done he can go campaign for the fake socialist party. He’d fit right in with those delusional liars.

  11. FACT: The world is not color blind.
    It is unfortunate but true. However, the NFL doesn’t care what color a player’s skin is. There are 4+ starting black QBs. The owners do care if you have talent and if you will fill the seats in their stadiums. Kaep has talent, but it takes a special offense to make him effective. So 75% of the teams don’t want him because he does not fit their system.
    And finally who wants a distraction for a BACKUP QB? Philly took a huge gamble on Vick years ago, but he had learned his lesson and was a quiet positive influence on the team and actively worked to keep a low profile and what news about him existed was attempts to reform his image.
    Kaep doesn’t have that option (reform image). Its not collusion. Its business.

  12. cant some team take one for the league and sign this fool and start him a few games. Just to prove to everyone the real reason hes out of the league. Im looking at you Tampa

  13. I propose a simple solution: Goodell and Kaepernick meet by themselves in a room, shake hands, agree to work together going forwards, and then we lock the door and launch the room into the sun.

  14. I’m no legal expert so I’m not sure this means anything. I’m sure there will be celebrations that he has a case, but I don’t believe this ruling means anything like that. It just means he has showed enough that the league’s attempt to dismiss it was denied. Doesn’t mean anything else

    But I’m also confused to why he is even arguing collusion. He had a team that was going to sign him. And his girlfriend sabotaged it. Being a bit cynical I would argue he purposely had her sabotage it, because getting a contract offer proves no collusion. So he took care of that himself to continue with the sham

  15. I wonder have they reached out to the Panthers previous owner to see if the owners colluded. I’m sure he has an axe to grind with the NFL

  16. Remember that racist girlfriend of his that blew his chances? well when his wallet is empty in a few more weeks, she will be blowing someone else’s chances, and by chances..

    this is honestly the dumbest case in the history of the entire planet. If it was a spider, and he sued me for crushing his roommate that wandered into my bathroom, the judge would say first of all, you are a spider, secondly you have no right to be in this dudes bathroom….

  17. 700levelvet says:
    August 30, 2018 at 4:46 pm
    This is just a pimple on the owners arse. Right or wrong, this will not effect their bottom line.

    ———————-
    The case itself is just what you call it, and I like the analogy to a pimple.

    But if it results in nullifying the CBA that then becomes a much bigger deal.

  18. culturecesspool says:
    August 30, 2018 at 4:59 pm
    Remember that racist girlfriend of his that blew his chances? well when his wallet is empty in a few more weeks, she will be blowing someone else’s chances, and by chances..

    this is honestly the dumbest case in the history of the entire planet. If it was a spider, and he sued me for crushing his roommate that wandered into my bathroom, the judge would say first of all, you are a spider, secondly you have no right to be in this dudes bathroom….

    ——————-
    My opinion has been that he doesnt want to risk actually getting put on a field where he would have to show he isnt just another bad football player. I think he knows that would happen and it would kill his martyr status. Its easy to let people use political glasses to create myths. But on the field its no longer possible to pretend.

  19. Big Belly Ben raped multiple women, Winston grabbed her by the..Vick ran a dogfighting ring, Brady has been caught cheating several times, Eli sold fake merchandise..yet they all continued to play while Colin doesn’t. Want to know why? He’s a bad QB.

  20. If 32 owners decide on their own that it’s not worth revamping your entire offense to fit the skillset of a backup QB, it’s not collusion. It’s common sense. If your starter gets hurt, you don’t want to completely change the offense just because your QB (who lost in a competition to Blaine Gabbert) doesn’t know how to read a defense and just runs with the ball if his first option is covered.

  21. Ok, so they have to show up and say “Yeah, he’s not a good player & we don’t want him on our team.”
    Arbiter “Was your decision the result of another team telling you not to hire him?”
    Owner “No”

    Same repeated 32 times…

    Arbiter “Dismissed”

  22. JustBlameTrumpOrRussia says:
    August 30, 2018 at 5:06 pm
    Big Belly Ben raped multiple women
    ————————————

    Odd how not even his accusers will say that…and the evidence all proves it not to be even remotely true.

  23. I should sue for collusion as well, 32 teams refused to even return my agent’s call.

  24. This just in, the NFL is a business. Since when is an employer required to hire someone who will hurt his business??

  25. I love it. its about time people stop meting out justice based on if you like someone or not….you can not like what Colin did but understand how dangerous it is for the NFL owners to do what they did…can’t let this happen in any work place…unless he broke the rules what they did was illegal and he should be compensated as such….

  26. Well, if it adversely affects the CBA. Where are the NFLPA’s lawyers? They seem to be non existent in one of their members filing a grievance against an employer. Maybe Kaepernick should file a grievance for their ineptitude. And if you can’t read between the lines here, and know a small minor settlement with no recognition of wrongdoing will eventually settle it.This case has gone on far to long for any other logical conclusion.

  27. Dude was offered jobs in the NFL. He wont sign because he wants to be guaranteed a starting job and no team will do that. I dont know what kind of money he is asking for either. Probably starting quarterback money. It is his own fault he isn’t on a roster.

  28. He won a legal argument people. What don’t yall understand. Whether you like him or not, thinks he can play or can’t, or anything else… they decided there was enough evidence that owners colluded against him. The man’s legal team had TO PROVIDE PROOF… Let that sink in.. PROOF. So yall sit there and hate against the man if you want, but the man has proved he was right, thus far.

  29. Norman Benders says:
    August 30, 2018 at 5:38 pm
    He won a legal argument people. What don’t yall understand. Whether you like him or not, thinks he can play or can’t, or anything else… they decided there was enough evidence that owners colluded against him. The man’s legal team had TO PROVIDE PROOF… Let that sink in.. PROOF. So yall sit there and hate against the man if you want, but the man has proved he was right, thus far.

    —-

    Um… no he has not. He has produced sufficient evidence to proceed. He has not proven anything. That phase of the case (where the evidence is weighed) has not yet happened.

  30. Anything that will make Goodell and the owners as uncomfortable as this must isn’t a bad thing.

  31. Kap would have been better off losing this motion. Think about it. If it gets stopped right here, then he just declares the whole process rigged and gets to claim perpetual victim status.

    Now if it goes for trial, he will likely lose. It could get embarrassing to if part of the trial is testimony from coaches showing film of why he stinks. Thus erasing the revisionist history that Kap was some great player.

    And what happens when there is testimony about contracts that Kap declined? Elways already said the broncos offered him and he declined. What if there were other offers he turned down?

  32. This is good news. The NFL is in clear violation of the CBA. They are excluding a player for an activity that was permitted under CBA–the NFL even said it was allowed at the time. It is probably in violation of labor law as well.

    Since Kaepernick is at least as good as 10 current starting QBs, the absurd argument he just isn’t good enough to win a job is an obvious lie.

    But in the end Kaepernick will lose this. Burbank cleverly will let the hearing proceed. That way when he finds for the NFL (and he will), Kaepernick can’t claim he wasn’t given a fair hearing (even though he never was going to get one).

  33. Jim Harbaugh’s greatness can never be underestimated getting to the brink of a SB win with CK!!!! Are you kidding? Talk about getting more out of less. Niners will never compete again after letting him slip away. What a joke.

  34. Dillon Pauls says:
    August 30, 2018 at 4:46 pm
    Bet you Colin has about $50k left in his bank account after all this…
    ————————————

    I’ll bet you $50k that George Soros is picking up the tab.

  35. Kaepernick protested police behaving violently towards unarmed black men who weren’t guilty of anything.

    NFL players are not “employees” — they are independent contractors. Thus, statements about what your “boss” or your “employer” says you can do at work don’t apply. The contract that NFL players sign goes into great detail about what they can and cannot do, including a lot of very personal details relating to endorsement deals (clothing, shoes, headphones, beverages), made by their team and/or the league, that must be adhered to. This is nothing like someone’s office job.

    Respectfully kneeling during the anthem, to call attention to ongoing injustice here in the US, is not unpatriotic. Police shooting a guy in his own backyard, claiming he had a gun when what he had in his hand was his cell phone, and the attempted coverup after they shot him … that’s unpatriotic.

    Kaep probably won’t get to play in the NFL again, but he’s a patriot.

  36. This lawsuit is absurd, but it would be the best entertainment of the season to watch Roger Goodell give deposition (and try to tell the truth) under oath. He hasn’t spoken of word of truth in years, so it isn’t clear that he would even know how. The body language would be spectacular though. lol.

  37. The league is arguing that there is no collusion, but any person with an ounce of objectivity can see a mountain of evidence for collusion. And the evidence continues to mount as team after team simply refuse to give Kap and Eric Reid even a tryout. No reason why that should be the case unless they have been blacklisted. Neither of them have personal conduct issues and neither of them have been suspended by the league, but teams act as though these 2 players do not exist.

  38. The arbitrator is required to give him leeway to follow all rules of the court. If they don’t let him go on his fishing expedition, he can appeal. For this to end its right to just let him keep going and end up on his face with his false claim. I don’t think it means anything good for him. It just means they are following procedures. In the end he will come up with nothing and a true legally secure and binding decision will be given—and then he will lose and he won’t be able to continue with this nonsense. He could have gone to Denver. He didn’t want the money they offered. So worst case, he is forced to get a job or he gets a judgement. Judgement should not be more than what he turned down before he made this claim-that was his value before he started this set up. No one is required to offer him any more than that…which he can’t decline if he wants his job back. Let him play and lose a year miserably and then ha you suck so bye.

  39. If by collude you mean, 32 teams agreed he can’t help them win and isn’t worth what he wants in salary…yes…they colluded. Oh, and he’s a disrespectful malcontent that set an example still haunting the NFL today. Farcical that this even getting a jury.

  40. Maybe he should have thought about his career before wearing the pig socks and Castro shirt. Then his girlfriend had to open her big fat mouth and call the Ravens owner a racist, even though he was willing to give Colon a job. Don’t blame the NFL. Blame the dummy making poor decisions.

  41. I think we should all be praising Doug Pederson everything else is meaningless . doug Pederson needs to be given a trillion Dollars for being the best person in the world

  42. $50 MM payout coming. Oh, and he didn’t turn down $16 million from San Fran. I don’t know why some of you can’t seem to get that through your skulls.

  43. It’s amazing how the hate for Colin’s actions won’t allow people to look at this objectively. They slant their view of his talent and I’m watching bums leading teams at the QB position. They ignore legal arguments, after all they were giddy when they thought the case would not make it this far and were proclaiming victory. They compare it to what they can and cannot do on their job, but their job doesn’t have a CBA nor are they required to stand for the anthem prior to sharpening their pencils. Most importantly they ignore the fact that America was founded on protest but want to ignore it because it doesn’t fit their argument.

    Let’s hear what you all have to say when Colin gets paid because with all the discovery if you think they will not find evidence of 2 teams or a team and the NFL talking I have a bridge to sell you.

  44. 1.) Kaep never walked away from $16mil.
    2.)We dont know the details of kaeps girlfriends comments and effect, we only have one dudes story.
    3.) The last thing the NFL wants is its dirty laundry getting published on a daily basis.
    4.)Kaep has already won, this will be settled out of court unless Kaep chooses to forgo a massive payout,and decides instead to expose the collusion.
    5.)Sometimes politics makes people not think clearly.

  45. dubdubs15 says:
    August 30, 2018 at 10:34

    4.)Kaep has already won, this will be settled out of court unless Kaep chooses to forgo a massive payout,and decides instead to expose the collusion.
    —————————————

    If you think a payout is coming you’re sadly mistaken. The NFL will go to the wall on this one. They will never set a precedent of players looking for payouts just because they are no talent trouble makers that can’t find a job.

  46. I demand to play for an NFL team but the league is in collusion against me, they won’t even give me a tryout. I’m going to sue! Waaah!

  47. omeimontis says:
    August 30, 2018 at 7:15 pm
    The league is arguing that there is no collusion, but any person with an ounce of objectivity can see a mountain of evidence for collusion. And the evidence continues to mount as team after team simply refuse to give Kap and Eric Reid even a tryout. No reason why that should be the case unless they have been blacklisted. Neither of them have personal conduct issues and neither of them have been suspended by the league, but teams act as though these 2 players do not exist.

    ——————-
    By that argument the fact that I havent gotten a tryout would be proof of collusion. And I recall Kaep getting the a chance to show himself to bith Seattle and Baltimore. (And he did)

  48. A QB really only has one job in the NFL… to win games.

    This ignorant and rude performance artist is 4-20 in his last 24 starts at his former hobby. (It was a job until performing at the anthem became his real job)

    If all 32 owners were in a room and were recorded as saying they prefer QBs who win games, is that proof of collusion against all bad QBs?

    When not on a team with clear top 5 talent, this bum is 11-24 as a starter. He is a bad version of Tyrod Taylor. Apples to apples in 2015-16, Blaine Gabbert achieved more than he did.

    Taylor had 51 TDs to 16 picks and a 92.5 rating as a Bills QB. Tyrod threw for more yards per game as a Bill than Kaep did as a 49er. Tyrod also had a winning record, unlike the kneeler. Imagine if Tyrod also loved Cuba, hated America, and had a disgusting social media account. Any of you think he would have a job now?

  49. Kaep has already won, this will be settled out of court unless Kaep chooses to forgo a massive payout,and decides instead to expose the collusion.
    —————————————

    If you think a payout is coming you’re sadly mistaken. The NFL will go to the wall on this one. They will never set a precedent of players looking for payouts just because they are no talent trouble makers that can’t find a job.

    You may be right, but if the NFL is exposed at all from discovery, it’s game over. They don’t want to lose but they will pay millions to avoid exposure. It all depends what has and has not been deleted.
    A lot of excuses on here about Kaeps lack of ability to play, but bias makes some lose their senses.

  50. Regardless of what you think about the anthem thing the guy has a right to due process as spelled out in the CBA.

  51. ayokel21 says:
    August 30, 2018 at 7:50 pm
    $50 MM payout coming. Oh, and he didn’t turn down $16 million from San Fran. I don’t know why some of you can’t seem to get that through your skulls.

    ——————

    Not a chance in hell that the owners pay Kaep one more dime

  52. Just when I thought it be over, it continues.

    Why can’t Kaep just go away. Can’t he realize he just sucks and move on with his life. If he wants to play so bad go to Canada. Heck go to Arena Football or VKM football league and stink it up there if you have to

  53. Why do any of you DOLTS even care?
    You won’t be watching football this season anyway, right?
    The REAL snowflake are melting down the drain where they belong.

  54. dubdubs15 says:
    August 30, 2018 at 10:34 pm

    2.)We dont know the details of kaeps girlfriends comments and effect, we only have one dudes story.

    ———————————-
    Millions saw her tweets. Not just’one dude’. The details are very well known.

  55. One wonders about the NFL’s motive in blacklisting Kap. He was not the only player who protested, but they single him out for punishment. Perhaps because he was the first one and he started a trend. The people who deny collusion are fake patriots.

  56. dubdubs15 says:
    August 31, 2018 at 12:51 am
    Kaep has already won, this will be settled out of court unless Kaep chooses to forgo a massive payout,and decides instead to expose the collusion.
    —————————————

    If you think a payout is coming you’re sadly mistaken. The NFL will go to the wall on this one. They will never set a precedent of players looking for payouts just because they are no talent trouble makers that can’t find a job.

    You may be right, but if the NFL is exposed at all from discovery, it’s game over. They don’t want to lose but they will pay millions to avoid exposure. It all depends what has and has not been deleted.
    A lot of excuses on here about Kaeps lack of ability to play, but bias makes some lose their senses.
    ———————————————

    Ask yourself what it would take to prove collusion. No bias needed to look at this sham lawyer looking for billable hours. Is there a memo from the league office chained to all 32 owners? Is there a meeting that took place to blackball a player? No, there’s nothing. If somehow this dog and pony show makes it in front of a jury the NFL will have 10 allstar lawyers ready to eat Geragos’ lunch. Only a moron would think otherwise.

  57. omeimontis says: August 31, 2018 at 9:36 am
    One wonders about the NFL’s motive in blacklisting Kap. He was not the only player who protested, but they single him out for punishment. Perhaps because he was the first one and he started a trend. The people who deny collusion are fake patriots.

    A little help for ya.. Krap was 1st and became focal point And seems like you’re confused about the relationship between patriotism and collusion.

  58. omeimontis says:
    August 31, 2018 at 9:36 am
    One wonders about the NFL’s motive in blacklisting Kap. He was not the only player who protested, but they single him out for punishment. Perhaps because he was the first one and he started a trend. The people who deny collusion are fake patriots.
    ——————-

    Its not even about that. For the record I like and believe in the cause most of them (Kaep I question) want to see get addressed. But my sympathy for the cause does not preclude me from, if I were an owner, seeing a ton of reasons to not want to have this guy connected to my organization, or even near it. Not just that he is a bad player, he is too sulky about decisions that don’t go his way, he is litigious, he has shown a willingness to use the media to pressure managent, he is litigious, his performance is marginal at best, he is litigious, he is a media magnet, he would be a constant distraction, he is litigious, I wouldn’t feel like having my coach getting his motives questioned when he chooses his starting roster. I wouldn’t want my QB getting asked after every loss, pick, incompletion, whatever what the coaches motives might be letting him keep his starting job, and whether he thinks he should be replaced (Or the coach getting asked that) I would not want my other players having to field those questions every time they have to talk to the press either. I would not feel like my organization being a sports site headline every week questioning the motives of how they operate. I would want their job and their focus to be, and only be, on winning football games so that I get a greater return on my investment. Did I mention that he is litigious? I dont want anyone or anthing around that would get in the way of my ROI. I would not need other owners to tell me that, in fact if I was told to take that on I would refuse.

    Oh, and he is litigious. This is a huge factor. Once anyone shows even the slightest shred of willingness to sue my business, be it employee, customer, sandwich vendor down the street…I don’t want them near me or the business. As much distance as posdible.

  59. LOL -So a judge is going to allow him to proceed. That means nothing. Going to need a some actual evidence to prove this..

  60. Darryl Williams says:
    September 3, 2018 at 10:53 pm
    LOL -So a judge is going to allow him to proceed. That means nothing. Going to need a some actual evidence to prove this..

    WolfgangVomFramps says:
    September 4, 2018 at 11:26 am
    Actually Darryl, to prevail at that stage, the plaintiff was forced to put forth evidence.
    Without evidence actual evidence, the case would have been dismissed.

    —————————
    Evidence to prove and evidence to suggest there is a possibility are two very different things. Obviously they had the latter, but however unlikely it may be actual collusion took place (a bunch of guys not wanting him is not collusion) its still easy to prove that there is some shred of possibility, because there is. These guys talk a lot, probably have discussed him, but thats different from hatching an organized plan not to gave anyone hire him. They now need evidrnce that can prove there is that organized plan and thats a lot harder. Its my own belief that evidence does not exist.

    What they do have, and this is the real card Gergaros is playing, is that the NFL’s reluctance to have their cell phone and email records subpoena’d. With his powers of discovery Gregaros can ask for all of the NFLs emails over the past few years and whatever anyone thinks of collusion, we do know that the NFL has been guilty of plenty of shady and underhanded stuff they want to keep secret. Thats what Gregaros is hoping to do is to be in a position to find out what the NFL will pay to keep all their secrets buried and thats the money he will go after.

  61. In what venue is “evidence to suggest there is a possibility” a legal standard?
    I’ve tried cases all over the country.
    That’s a new one.

    Beyond that, I’ve had summary judgment granted for my clients relatively often. Contrary to your allegation, the motions being granted are not rare, and moreover, it happens for both sides (the plaintiff cannot provide sufficient evidence to support a case, or a defendant cannot provide sufficient evidence to support a defense).

    Getting over this hurdle is a pretty big deal.

  62. omeimontis says:
    August 31, 2018 at 9:36 am
    One wonders about the NFL’s motive in blacklisting Kap. He was not the only player who protested, but they single him out for punishment. Perhaps because he was the first one and he started a trend. The people who deny collusion are fake patriots.

    ——————-
    He got treated no differently than any other player that cant produce any more. They are all out of football. To your point the protesting players that can still produce are still on teams. Once one realizes that these teams are just trying to win football games and nothing else it becomes more clear. Im not even sure where Patriotism comes into this or why anyone would think it does.

Leave a Reply

You must be logged in to leave a comment. Not a member? Register now!