Meet Stephen Burbank: The thread about a man who holds $36 million of our cap space in the balance.

[pjfootballer]

I think you might be confusing Burbank with Goodell. Goodell was a known Redskins fan prior to his becoming commissioner.

Never heard that Goodell was a Skins fan. I knew Paul Tagliabue was as he had season tickets.

[Boss_Hogg]

Bang's research

We're still looking for the long-form birth certificate too.

[rskin72]

It is difficult for me to predict much about how he may rule, based on what I have read here. I would tend to lean toward his siding with the NFL vice us....looks like that is what happened WRT the decision he made about the TV revenue that was later overturned by Judge Doty. Who pays this man, the NFL? If so, then I am inclined to believe he will rule in favor of the NFL vice the individual teams.

I am curious as to what Skins and Girls will do IF this arbitrator rules against us.....is there an appeal or other legal avenue to pursue....and will we go down that path.

[DiscoBob]

Well, unless he cuts down on carbs and makes time for his nephew's birthday next month (May 9, 4PM) I don't see us having any good luck at all. He missed his nephew's birthday last year because of a severe case of gingivitis, but his sister didn't believe the excuse, and now is playing an inner-family guilt trip game on him...

Your post reminded me of Chunk from Goonies:

Francis: Tell us everything! Everything!

Chunk: Everything. OK! I'll talk! In third grade, I cheated on my history exam. In fourth grade, I stole my uncle Max's toupee and I glued it on my face when I was Moses in my Hebrew School play. In fifth grade, I knocked my sister Edie down the stairs and I blamed it on the dog... Then my mom sent me to the summer camp for fat kids and then once during lunch I got nuts and I pigged out and they kicked me out... But the worst thing I ever done — I mixed all this fake puke at home and then I went to this movie theater, hid the puke in my jacket, climbed up to the balcony and then... then, I made a noise like this: hua-hua-hua-huaaaaaaa — and then I dumped it over the side, all over the people in the audience. And then, this was horrible, all the people started getting sick and throwing up all over each other. I never felt so bad in my entire life.

[DC9]

It is difficult for me to predict much about how he may rule, based on what I have read here. I would tend to lean toward his siding with the NFL vice us....looks like that is what happened WRT the decision he made about the TV revenue that was later overturned by Judge Doty. Who pays this man, the NFL? If so, then I am inclined to believe he will rule in favor of the NFL vice the individual teams.

I am curious as to what Skins and Girls will do IF this arbitrator rules against us.....is there an appeal or other legal avenue to pursue....and will we go down that path.

Well, it's not really the NFL vs the Redskins and the Cowboys, it's the Competition Committee (other owners) against Dan and Jerry. The more I read, the more I think Goodell is/has distanced himself from this. The owners affirmed the punishment... so for what that's worth.

If Burbank sides with the NFL, as you say, the appeal would be to Federal court and it would bring the entire CBA into question and it'd likely suspend the current CBA all together. So it'd get very interesting.

[Bang]

We're still looking for the long-form birth certificate too.

Well, now you're just getting obsessive.

~Burp

[Mister Happy]

Arbitration is confidential, so they usually don't release his rulings (although they could if they wanted to.) However, if someone takes it to court, the court rulings will mention what he said.

One example of his rulings was the Plaxico Burress case. The Giants withheld a $1 million installment of his signing bonus (They paid his bonus in installments instead of a single lump sum.) because he shot himself. Mara thought it was unfair for the Giants to have to pay him the rest of his bonus installments. However, the rules clearly state that you can't make a player forfeit their signing bonuses after he earns it. Thus Burbank forced the Giants to give Plax his money.

Mara took the "spirit of the law" interpretation, but Burbank disagreed. He made a similar ruling for Ashley Lelie.

[SkinsFTW]

Mara took the "spirit of the law" interpretation, but Burbank disagreed. He made a similar ruling for Ashley Lelie.

Haha, so Mara already has a history of believing the wrong things according to this guy

[illone]

Haha, so Mara already has a history of believing the wrong things according to this guy

I liked our chances before I read about this.

Now I love them.

My concern was also posted a few pages back. By the time this decision comes out it's not going to matter for this year. Maybe Snyder should just do a $25MM bonus incentive into RG3 contract if we win the Super Bowl.

[SkinsFTW]

I liked our chances before I read about this.

Now I love them.

My concern was also posted a few pages back. By the time this decision comes out it's not going to matter for this year. Maybe Snyder should just do a $25MM bonus incentive into RG3 contract if we win the Super Bowl.

Or Allen could just give the league the middle finger by frontloading all the draft picks contracts into this year. Also rewrite guys like Orakpo, Hall, etc.

[Mister Happy]

Haha, so Mara already has a history of believing the wrong things according to this guy

There's more.

The CBA specifically says if you think a team violates the spirit of the cap, you are supposed to take the matter before Burbank. Given his history with Burbank, Mara knew he couldn't win, so he bypassed Burbank to make a backroom deal with DeMaurice Smith.

Now he has to explain to Burbank why he didn't respect his authority and why this new deal supercedes Burbank and the CBA. Furthermore, the CBA says you can't make deals to get around the CBA's cap rules. Arguably, this new deal does exactly that.

[DC9]

There's more.

The CBA specifically says if you think a team violates the spirit of the cap, you are supposed to take the matter before Burbank. Given his history with Burbank, Mara knew he couldn't win, so he bypassed Burbank to make a backroom deal with DeMaurice Smith.

Now he has to explain to Burbank why he didn't respect his authority and why this new deal supercedes Burbank and the CBA. Furthermore, the CBA says you can't make deals to get around the CBA's cap rules. Arguably, this new deal does exactly that.

That's good stuff, Mr. Happy. Today is a busy day for me, but I'll see if I can dig around and find any examples of what Burbank has done in the past in a similar situation.

[Forehead]

You know what, the most important question hasn't been asked. How do you get the title "Special Master?" My new life goal is to walk into a room/tailgate/whatever and have someone with a microphone say "Special Master Forehead has entered the building" or some such.

[Bang]

Your post reminded me of Chunk from Goonies:

Francis: Tell us everything! Everything!

Chunk: Everything. OK! I'll talk! In third grade, I cheated on my history exam. In fourth grade, I stole my uncle Max's toupee and I glued it on my face when I was Moses in my Hebrew School play. In fifth grade, I knocked my sister Edie down the stairs and I blamed it on the dog... Then my mom sent me to the summer camp for fat kids and then once during lunch I got nuts and I pigged out and they kicked me out... But the worst thing I ever done — I mixed all this fake puke at home and then I went to this movie theater, hid the puke in my jacket, climbed up to the balcony and then... then, I made a noise like this: hua-hua-hua-huaaaaaaa — and then I dumped it over the side, all over the people in the audience. And then, this was horrible, all the people started getting sick and throwing up all over each other. I never felt so bad in my entire life.

My favorite scene!

And to the OP, even though I made fun of this thread, it's been very informative, and i do appreciate the insight. Looks like we may have a sympathetic ear on our side.

~Bang

[DC9]

You know what, the most important question hasn't been asked. How do you get the title "Special Master?" My new life goal is to walk into a room/tailgate/whatever and have someone with a microphone say "Special Master Forehead has entered the building" or some such.

http://en.wikipedia.org/wiki/Special_master

In law, a special master is an authority appointed by a judge to make sure that judicial orders are actually followed.

In England, at common law, there were "Masters in Chancery," who acted in aid of the Equity Courts. There were also "Masters in Lunacy," who conducted inquiries of the same nature as modern civil commitment proceedings. In the table of precedence for England these two offices rank immediately above Companions of the Bath.[1]

In the United States of America a special master is an "adjunct to a federal court, and Rule 53 of the Federal Rules of Civil Procedure allows a federal court to appoint a master, with the consent of the parties, to conduct proceedings and report to the Court.[2]

Shouldn't be too hard, eh?

EDIT:

Bang... your good man. I like the humor, it helps progress the topic.

But, I hope you like apples....

because they're delish!

[Forehead]

http://en.wikipedia.org/wiki/Special_master

Well, mine was supposed to be humor too, but like Bang said, thanks for the information. I'm really not sure you should be posting phone numbers though.

[SkinsNumberOne]

But, I hope you like apples....

because they're delish!

So true.

[DC9]

Maybe I'm missing something, but what good does it do to post that information here? It seems to me, only harm can come from that. If you agree on further consideration, delete all that stuff and leave no trace. I just don't see the upside of posting it.

As a Redskins fan... it doesn't seem wise, at all.

You got it. Good checking from you guys.

[Predicto]

Stephen Burbank taught me Civil Procedure during my first year of law school. I found him to be annoying and a bit pompous.

With that said, I have no idea how he will rule in this case.

[DC9]

Stephen Burbank taught me Civil Procedure during my first year of law school. I found him to be annoying and a bit pompous.

With that said, I have no idea how he will rule in this case.

Was he a fan of the big guy or the little guy?

[Enter Apotheosis]

Was he a fan of the big guy or the little guy?

All parties involved in this fiasco are big guys.

[DC9]

All parties involved in this fiasco are big guys.

Okay... so it's a metaphor for 29 vs 2 ... Civil Procedure and Private Enforcement are Burbank's biggest interests as a lawyer... so from what perspective he looks at may give us an indication.

From what we've seen on here already, he mainly roots for the "little" guy with a few exceptions.

[wildbill1952]

First off, the Redskins, nor the NFL are "little guys". There'e no David vs. Goliath scenario in this arbitration. It's more like Godzilla vs. King King or Mothra.

Second, as much as I hate it, the arbitrators between organziations don't stay arbitrators for long when they begin ruling against the one that signs the paychecks. It's a dirty fact, arbitrators are never completely unbiased and the paycheck they cash still makes a difference in their minds. I think if this was truly an unbiased arbitrator or a judge the Skins would stand a chance. I think the best we can hope for is a compromise, like just losing this year's cap.

I hope I'm wrong.

[lanceman_1]

First off, the Redskins, nor the NFL are "little guys". There'e no David vs. Goliath scenario in this arbitration. It's more like Godzilla vs. King King or Mothra.

Second, as much as I hate it, the arbitrators between organziations don't stay arbitrators for long when they begin ruling against the one that signs the paychecks. It's a dirty fact, arbitrators are never completely unbiased and the paycheck they cash still makes a difference in their minds. I think if this was truly an unbiased arbitrator or a judge the Skins would stand a chance. I think the best we can hope for is a compromise, like just losing this year's cap.

I hope I'm wrong.

I think that's the way it will go also. We were robbed this years 18 mil and will have our 18 mil next year that they want to take. This could work out because we didnt sign any big named stars and will get to see what we are missing for next years draft/FA.

[rk3025]

This discussion took place weeks ago in the appropriate thread.

Thought the NFL had a by-law that said you could not own another team.

Can Burbank help Benson own the Basketball team or does he have to sell the Saints now?