Homer: Why Daniel Snyder should sue the hell out of Roger Goodell and the NFL

[HeluCopter29]

When you think you are a God, you do stupid things, things you don't think through, because why should you, you are God.

Goodell has run into that problem. It has been slowly building to this point, the point of crossing a line that will end up being the end of him. I cannot believe the league office would want to open a can of worms like this. The precedence this sets will essentially screw them over for all future CBA negotiations, it opens the possibility of federal government involvement in what had been a self governed organization, and a multitude of other legal problems.

The basic problem they face is, they are trying to punish someone for not doing anything wrong.

In no country or organization in the world is it ever pereceived by anyone to be fair and just to punish someone for not breaking a rule. The only way the league is trying to get away with this is to do it the day before free agency, to threaten the Redskins and Cowboys season so that they cant sue.......for now.

Not well thought through by Roger God....ell.

He truly is, the worst thing to happen to the game.

[hailer21]

Brian (NJ)

Re Redskins and CowboysDan: why didn't the NFL nullify the contracts at the time rather than impose punishment like this?

Dan Graziano (12:45 PM):

Well, because there was no rule in place that made them illegal.

Man that NFC East blog on espn.com has really turned around with ole' Graziano at the helm.

[Warhead36]

When you think you are a God, you do stupid things, things you don't think through, because why should you, you are God.

Goodell has run into that problem. It has been slowly building to this point, the point of crossing a line that will end up being the end of him. I cannot believe the league office would want to open a can of worms like this. The precedence this sets will essentially screw them over for all future CBA negotiations, it opens the possibility of federal government involvement in what had been a self governed organization, and a multitude of other legal problems.

The basic problem they face is, they are trying to punish someone for not doing anything wrong.

In no country or organization in the world is it ever pereceived by anyone to be fair and just to punish someone for not breaking a rule. The only way the league is trying to get away with this is to do it the day before free agency, to threaten the Redskins and Cowboys season so that they cant sue.......for now.

Not well thought through by Roger God....ell.

If you can make God bleed, people will cease to believe in him...

[Jim Bob]

I don't see the Redskins and Cowboys needing to sue until the NFL rejects a contract that puts either team over their newly lowered cap #.

At the end of the day, both teams would need a ruling one way or the other to really spend in FA as what happens if the ruling comes down mid-season and the NFL wins?

It wouldn't surprise me if the Cowboys and Redskins challenge this enough to get to spread the penalties over more than 2 years, but that the penalties are what they are in the long run.

[edelbeb]

I have no love for Goodell, but I'm sure owners angry with the Skin's moves forced him into this position. The owners ARE his bosses after all. I'm sure Goodell and the NFL front office expect the Skin and 'Boys to sue. All sides will probably settle for a significantly lower cap hit and/or a greater number of years to spread the pain. Goodell tells the angry owners that he did the best he could without a slam-dunk legal position, and the Redskins and Cowboys suffer some pain but nothing earthshaking.

[ILoveMySkins]

Why is everyone acting like this is Goodell and not the 30 other teams? That's the problem here isn't it? Everything is technically illegal, salary caps, drafts and what not but as long as these owner's and player's agree to a system then so be it right? The Skins, and Cowboys may not like it but what are they going to do, sue the other owner's for this? It's never going to happen. I know the fans are just upset about this but unless the Skins and Cowboys want to start their own league I can't see them being able to do too much about this. People need to realize that Goodell isn't just throwing this out there because he wants to screw two teams he's acting on behalf of the owner's and the majority feel like the Skins and Cowboys tried to take advantage of the uncapped year when other teams didn't. The owner's agreed not to do this in a uncapped year. Ya no rules per say but they were warned not to manipulate a system they were fighting to keep.

[MassSkinsFan]

Why is everyone acting like this is Goodell and not the 30 other teams? That's the problem here isn't it? Everything is technically illegal, salary caps, drafts and what not but as long as these owner's and player's agree to a system then so be it right? The Skins, and Cowboys may not like it but what are they going to do, sue the other owner's for this? It's never going to happen. I know the fans are just upset about this but unless the Skins and Cowboys want to start their own league I can't see them being able to do too much about this. People need to realize that Goodell isn't just throwing this out there because he wants to screw two teams he's acting on behalf of the owner's and the majority feel like the Skins and Cowboys tried to take advantage of the uncapped year when other teams didn't. The owner's agreed not to do this in a uncapped year. Ya no rules per say but they were warned not to manipulate a system they were fighting to keep.

Yes they were warned six times right?

If I actually thought the NFL and owners were trying to be reasonable about this, I'd expect that they'd penalize the teams well before FA was to begin, so they'd have time to adjust. But, they didn't. I'm pretty sure it was timed this way to maximize the negative impact. That tells me this is fishy business.

[Jim Bob]

The cap, drafts, etc. aren't illegal if they are collectively bargained.

And that is where the Cowboys & Redskins would likely lose in court. If the NFL and the NFLPA both agreed to these sanctions as a part of collective bargaining, the teams would have a hard time winning in court.

[ILoveMySkins]

Yes they were warned six times right?

If I actually thought the NFL and owners were trying to be reasonable about this, I'd expect that they'd penalize the teams well before FA was to begin, so they'd have time to adjust. But, they didn't. I'm pretty sure it was timed this way to maximize the negative impact. That tells me this is fishy business.

You honestly believe the other 30 owner's asked for this to be put off until now so they could embarrass two of the more popular franchises in the league? I'm sure that's not the reason at all. Us fans, i'm sure, were the last ones to know about this and it's likely been discussed since the end of the season anyways. Let's not pretend that some bomb was dropped on the Skins and Cowboys yesterday.

[SkinsNumberOne]

You honestly believe the other 30 owner's asked for this to be put off until now so they could embarrass two of the more popular franchises in the league? I'm sure that's not the reason at all. Us fans, i'm sure, were the last ones to know about this and it's likely been discussed since the end of the season anyways. Let's not pretend that some bomb was dropped on the Skins and Cowboys yesterday.

Your information appears to be wrong according to several sources. Direct and specific responses from the Redskins and Cowboys imply they were not aware of it and do not intend to accept punishment for unwritten, unofficial rules in an "uncapped" year.

Also, you can read this detailed article for a pretty good breakdown of things (http://sports.yahoo.com/blogs/nfl-shutdown-corner/cowboys-redskins-statements-salary-cap-hits-reveal-nfl-161347029.html) including this:

ESPN's Adam Schefter said on Tuesday morning that when he called the Redskins to get their reaction after the cap hit was made public, their front office was just getting the number.

[edelbeb]

The cap, drafts, etc. aren't illegal if they are collectively bargained.

And that is where the Cowboys & Redskins would likely lose in court. If the NFL and the NFLPA both agreed to these sanctions as a part of collective bargaining, the teams would have a hard time winning in court.

1. The Redskins did NOT violate the cap. All parties agree on that issue.

2. Does the Redskins contract with the NFL permit the NFL to retroactively penalize the Redskins, even if they did not violate the violate league rules, provided the other owners and the NFLPA sign off on the penalty? Absent language to that effect in the Redskins' NFL contract, the union's agreement is of no significance in a lawsuit brought by the Redskins. The union's agreement merely prevents the union from suing the NFL.

[artmonkforHOF]

Seems like the right move. Legally and ethically, this seems like an undefendable action by the NFL against the 'skins and Cowboys.

Glad you agree. Why don't you ask Donald Trump and the USFL about how successful they where when they sued the NFL. The outcome in this case would be worse for any team that tries to sue the league since this is not an anti trust suit, but a claim by one party that the other party is not playing by the rules, rules that the other party makes up. The case holds no water, the league will show that it has ultimate authority in making it's own rules, rules the skins have played by for 75+ years, but the team then decides to sue when it doesn't like one of the rules won't fly in a courtroom.

The OP even put a quote in his post that should tip people off to what will most likely happen " But this is the NFL, which does what it wants and makes up the rules as it goes along."

Basically, the team is screwed and the only course of action is to either take all of the cap hit this year or split it up somehow over 2. Deal with it. I first thought this was tragic, maybe not having enough cash to sign RG3, but this could be a blessing in disguise by not allowing the skins to overpay for FA, like the Vjax rumour going around. I would much rather see some other teams make the mistake of overpaying for a FA in the first 24 hrs, and then leave us with the rest of the FA pool to pick and choose who would work best for the Skins. Big name FA signing rarely work out, especially in Washington, so I think it is much better to do some good scouting and try to find the best FA that suits the system as oppose to the superstar who thinks we will change our system to fit him.

This does put a damper on a quick rebuild, which is why I would focus on getting RG3 his starting Center from Baylor in order to keep RG3 happy. Mocks have him as a late second round pick and moving up quickly, and I would be willing to trade the 3rd round pick this year, and a 3rd next year to move up to get him in the second.

[Lombardi's_kid_brother]

It's easy to say "i'll sue you." It's hard to due.

The first thing require is an injunction to stop free agency.

They have - what - a few hours to get that? In order to get that, you need to show that you will likely win the case.

Once you get that, you need to go to court and prove damages. That leads to discovery. Which means all your financial statements going into a public record.

Are you willing to do that over a power grab and few million dollars that you are being told you cannot spend?

[Timmy Smith]

As a lawyer, I can say the following:

1) we don't have all the facts at our disposal, and having all the facts would make matters more clear. Even so, that's what lawsuits are for: bringing all the facts to light, via discovery, to allow the trier-of-fact to ascertain whether unlawful behavior occurred;

2) based on what we know, the midnight-hour announcement, arbitrarily handed down by the NFL, reeks of collusion by the NFL ownership committee.

The last thing the NFL wants is headlines blaring, "Cowboys and Redskins Team Up to File Lawsuit Against NFL" in the next couple of weeks. Goodell, you'd better lawyer up...

[Lombardi's_kid_brother]

Glad you agree. Why don't you ask Donald Trump and the USFL about how successful they where when they sued the NFL. The outcome in this case would be worse for any team that tries to sue the league since this is not an anti trust suit, but a claim by one party that the other party is not playing by the rules, rules that the other party makes up.

This would be an anti-trust suit.

The problem is that in winning, the Redskins and Cowboys would essentially destroy what the league is - which is, in fact, a trust.

[Burgold]

But the NFL is not a monarchy that can pick and choose when and what it wants to do. It is bound by contractual law. Now, that may be a house of cards and you may be right that it would not be worth the pain and expense of challenging this, but the NFL is the emperor without clothes in this situation.

If the Redskins or the Cowboys wanted to they could prove damages and that the NFL has broken its contractual agreements via this penalty.

[Lombardi's_kid_brother]

As a lawyer, I can say the following:

1) we don't have all the facts at our disposal, and having all the facts would make matters more clear. Even so, that's what lawsuits are for: bringing all the facts to light, via discovery, to allow the trier-of-fact to ascertain whether unlawful behavior occurred;

2) based on what we know, the midnight-hour announcement, arbitrarily handed down by the NFL, reeks of collusion by the NFL ownership committee.

The last thing the NFL wants is headlines blaring, "Cowboys and Redskins Team Up to File Lawsuit Against NFL" in the next couple of weeks. Goodell, you'd better lawyer up...

Two questions:

1. Don't you have to stop free agency before proceeding with this? The Skins and Cowboys want injunctive relief, I imagine, not monetary relief.

2. With discovery being a two-way street, would you advise the Cowboys and Redskins to open up their internal financial records to public scrutiny?

[PortisBetts]

Brian (NJ)

Re Redskins and CowboysDan: why didn't the NFL nullify the contracts at the time rather than impose punishment like this?

Dan Graziano (12:45 PM):

Well, because there was no rule in place that made them illegal.

Man that NFC East blog on espn.com has really turned around with ole' Graziano at the helm.

It really has. Graziano is a joy to read because everything he writes is fair. He is not a homer of any team and writes fair stories from valid view points. You can really feel the thought that he puts into the stories and it makes them really entertaining to read.

[Redskindon2]

how can you be warned not to do something when there is no written rule or contract? also how can NFL approve all the contracts and then fine ya for it 2 years later? regardless of how many other teams agree with it?

[Lombardi's_kid_brother]

But the NFL is not a monarchy that can pick and choose when and what it wants to do. It is bound by contractual law. Now, that may be a house of cards and you may be right that it would not be worth the pain and expense of challenging this, but the NFL is the emperor without clothes in this situation.

If the Redskins or the Cowboys wanted to they could prove damages and that the NFL has broken its contractual agreements via this penalty.

Yes. But at what cost?

Goodell and the other owners are playing chicken here, I think. And they made a brilliant move: they did not fine the teams. They took away cap space.

Basically, the Skins and Boys have to sue to prove that losing cap space hurts them in some tangible way. They may be able to prove this, but do they want to prove this? They would also have to stop free agency and - in theory - the season. Do they want to do this? There is a lot at risk here for the Cowboys and Redskins and what they can "win" is really just the ability to spend more money.

[rick7423]

Why is everyone acting like this is Goodell and not the 30 other teams? That's the problem here isn't it? Everything is technically illegal, salary caps, drafts and what not but as long as these owner's and player's agree to a system then so be it right? The Skins, and Cowboys may not like it but what are they going to do, sue the other owner's for this? It's never going to happen. I know the fans are just upset about this but unless the Skins and Cowboys want to start their own league I can't see them being able to do too much about this. People need to realize that Goodell isn't just throwing this out there because he wants to screw two teams he's acting on behalf of the owner's and the majority feel like the Skins and Cowboys tried to take advantage of the uncapped year when other teams didn't. The owner's agreed not to do this in a uncapped year. Ya no rules per say but they were warned not to manipulate a system they were fighting to keep.

I totally disagree with this. Rules are rules. Either you make and abide by them, or you do not. Goodell obviously does not want to abide by them. This IS about Goodell! He has the power to either levy these fines (regardless of how you look at it, they are fines), or not. He CHOSE to do so.

HIS office approved the contracts for the 2010 year and by extension was fully aware of them. Just by approving them, he acknowledged that they were legal and accepted.

You cannot change the rules because some other owners complain and they may become inconvenient. If this goes to court, the Skins will win, I have no doubt.

To me, this really says that the league doe NOT want the Skins, or Dallas, to be successful. They can see that this team is on the right path and are going to be a force in the future, and they do not like it, for whatever reason. These 2 teams were not the only ones to front load contracts. Others were not named in this and are now positioned to get money, even though they did the same thing.

To heck with Goodell, Mara, and the other owners. The Skins and Boys are the bread earners of the NFL. They already share way too much revenue for the likes of Buffalo just to keep them solvent, and this is their reward? Obey the rules and still get the shaft? I wink and nod 'gentleman's' agreement does not hold up in court, or business.

Just my 2 cents.

[Godfather151981]

Why is everyone acting like this is Goodell and not the 30 other teams? That's the problem here isn't it? Everything is technically illegal, salary caps, drafts and what not but as long as these owner's and player's agree to a system then so be it right? The Skins, and Cowboys may not like it but what are they going to do, sue the other owner's for this? It's never going to happen. I know the fans are just upset about this but unless the Skins and Cowboys want to start their own league I can't see them being able to do too much about this. People need to realize that Goodell isn't just throwing this out there because he wants to screw two teams he's acting on behalf of the owner's and the majority feel like the Skins and Cowboys tried to take advantage of the uncapped year when other teams didn't. The owner's agreed not to do this in a uncapped year. Ya no rules per say but they were warned not to manipulate a system they were fighting to keep.

Whether collective bargaining itself is illegal is really irrelevant. The fact is that at the time of the supposed infraction(s) there was no deal in place. The commissioner or the league sending out emails asking owners not to do this hardly constitutes a deal or even a rule. What the Skins and Boys did was call their bluff; they knew that no deal was in place and that it was in effect unenforcable, so they went ahead and structured their contracts the way they saw fit. What they didn't anticipate was the other owners going beyond the bounds of the written rules and laws and holding them accountable for their actions, which by the definition of the rules at the time were perfectly legal. (It would be similar to having a player use a substance prior to it being banned as a PED and then retroactively suspending that player for using it even though it was legal at the time.) To take it a step further, these two owners are being punished for in essence not being willing to go along with a collusion effort.

I've been reading some of the postings on Cowboys Zone, and aside from a few posters who suggested that the Skins' penalty was worse so it actually worked in Dallas' favor, they're saying the same things. It would be so ironic if the two fan bases combined to fight this because it does in fact appear to be a case where the truly innocent are the ones being punished for not going along with the guilty.

[SWFLSkins]

As a lawyer, I can say the following:

1) we don't have all the facts at our disposal, and having all the facts would make matters more clear. Even so, that's what lawsuits are for: bringing all the facts to light, via discovery, to allow the trier-of-fact to ascertain whether unlawful behavior occurred;

2) based on what we know, the midnight-hour announcement, arbitrarily handed down by the NFL, reeks of collusion by the NFL ownership committee.

The last thing the NFL wants is headlines blaring, "Cowboys and Redskins Team Up to File Lawsuit Against NFL" in the next couple of weeks. Goodell, you'd better lawyer up...

I agree and think this is why the Redskins and the Cowboys must bring a suit forth. If for nothing more than to make a point that the NFL is not a dynasty that can act without regard of the laws of the United States governing Labor.

[DjTj]

Yes. But at what cost?

Goodell and the other owners are playing chicken here' date=' I think. And they made a brilliant move: they did not fine the teams. They took away cap space.

Basically, the Skins and Boys have to sue to prove that losing cap space hurts them in some tangible way. They may be able to prove this, but do they want to prove this? They would also have to stop free agency and - in theory - the season. Do they want to do this? There is a lot at risk here for the Cowboys and Redskins and what they can "win" is really just the ability to spend more money.[/quote']We don't need an injunction to stop free agency; we just need an injunction to stop enforcement of the $36 million cap reduction.

I say we sign London Fletcher and Vincent Jackson, go over the cap, dare the league to refuse those contracts, and dare the league to keep them off the field. We can play the whole season with this disagreement pending if we continue playing chicken. How far will the NFL go to enforce this rule? Damages can be sorted out later...

[SWFLSkins]

Roger Goodell

@nflcommish

Commissioner of the National Football League

New York · http://www.nfl.com/