Eric Reid’s potential PED testing grievance likely was settled, too

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When it comes to the confidential settlement reached by and between the NFL, Colin Kaepernick, and Eric Reid, no one is saying anything. About anything.

Beyond the announcements issued by the parties on Friday, the terms of which no doubt were written carefully, reviewed painstakingly, and approved warily, nothing else has been or will be provided, at least not anytime soon.

Here’s one angle that, given the standard approach to settlement agreements, likely requires no confirmation from either side: Any potential grievance or other legal claim arising from Reid’s suspicion that he was targeted for PED testing in retaliation for his collusion claim most likely were waived as part of the resolution.

Most settlement agreements include broad, sweeping language releasing the party writing the check from any and all liability, with broad and repetitive language aimed at encompassing all claims that were made and that could have been made, typically including a description of the period encompassed as “from the beginning of time to the date of this agreement.”

But prospective waivers of liability can’t happen. If Reid believes that he’s being singled out for PED testing or substance-abuse testing or fines for on-field hits, he could (in theory) argue that the league is retaliating against him. It’s nevertheless possible that, as part of his settlement documents, Reid has signed an acknowledgement that he currently has no evidence of foul play as it relates to past PED testing and that all testing, fines, etc. were on the up and up. It’s not an absolute protection against future entanglements, but it becomes the best way to wipe the slate clean.

The settlement agreement also could (and probably should) include an agreement pursuant to which Reid will make no allegations of retaliation absent evidence of retaliation, and that if he believes he’s the victim of retaliation he will say nothing about it publicly unless and until he files a formal grievance.

Regardless of the specific language used, it’s likely the last we’ll hear of Reid thinking he’s been targeted for PED tests. If we do, it will mean either that Reid is violating his agreement or that the NFL’s lawyers didn’t do a very good job of drafting it.

14 responses to “Eric Reid’s potential PED testing grievance likely was settled, too

  1. The settlement was to the tune of “stop lying about how many times you have been tested to drum up sympathy”

  2. Now that the NFL all but admitted it blackballed Reid and Kap, it may mean that the league office will no longer tell the owners not to give Kap a chance.

  3. I would not assume the NFL is writing a check. IMO, it is far more likely the NFL agreed to not go after them for attorney’s fees.

    The PED testing grievance was even more frivolous than the collusion claim. The NFLPA reviewed the situation and is on the side of the NFL (which is very unusual).

  4. Remember when He wanted to fight Malcolm Jenkins before the Eagles game for being a sellout. Funny how life works out

  5. Or, and this is more likely, he was lying about the number of times he was tested so it didn’t factor into the settlement.

  6. He claims 7 tests in one season, others say 6, but he’s probably counting the Panthers’ pair of tests on him when he signed, as they are entitled to do their own test at signing and all do it. NFL testing will also do at least one PED and one Substance test per year, and so that’s 4 tests already. Add to that the NFL randomly tests 10 players from each team each month, including preseason, meaning on average a player will get tested at least one more PED and one more Substance test. That’s 6, he says 7? That’s not exceptional, and NFLPA say he wasn’t targeted.

    HOWEVER, the randomizing does not include players with a history of PEDs or Substance as they get extra tests. So if you play on a team with several enhanced-testing players the pool of other players for mere random testing becomes smaller and you will prob be tested more.

  7. omeimontis says:
    February 15, 2019 at 11:20 pm
    Now that the NFL all but admitted it blackballed Reid and Kap, it may mean that the league office will no longer tell the owners not to give Kap a chance.

    Please explain how one can be blackballed an on a team? Kaep lied. Proven fact.

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