Tide In StarCaps Case Turning Towards Players?
In extending his injunction that prevents the NFL from suspending two members of the Minnesota Vikings and three members of the New Orleans Saints, it appears as though Judge Paul Magnuson may have been playing the role of Ike Turner, while Roger Goodell and the National Football League were playing the role of Tina Turner.
How so? Because Magnuson delivered a pretty substantial pimp slap to the league and their policies.
Here's what Judge Magnuson wrote in his opinion when he extended the injunction against the NFL suspensions:
"It is plain that the involvement of Mr. Pash's office and [Adolpho] Birch, Mr. Pash's subordinate, in the alleged conduct rendered Mr. Pash a partial arbitrator. ... Although Mr. Pash's decisions are well-reasoned, he glossed over the rather shocking allegations that the NFLPA makes. ... Such testimony calls into question the very basis of the NFL's position on banned substances."
The Mr. Pash he's referring to is Jeffery Pash, the person who heard the appeals of the cases of the StarCaps Five. Oh, and in a minor but somewhat interesting fact, Mr. Pash is also the NFL's chief legal counsel.
Basically, this is the equivalent of getting a judgment against you in a divorce proceeding, filing an appeal, and having the appeal heard by the mother-in-law that never liked you anyway. See, I've watched enough episodes of Law & Order in my life to be under the impression that arbitration, in a legal matter, is supposed to be handled by a neutral third party. . .not somebody that's on the payroll of one of the parties involved. That really doesn't strike me as impartial or neutral, but that's just me.
The Star-Tribune also talked to a couple of Twin Cities attorneys on the matter, and they're basically under the same impression:
Marshall Tanick, who has represented players in drug-testing matters, said of Magnuson: "He came out pretty strong on this one. This looks like, at the end of the day, the scoreboard is going to be in favor of the players."
John Klassen, an attorney who does much of his work in federal court, said Magnuson's language about Pash's partiality and the league's obligation to warn players is a clear signal that the tide may have turned against the NFL.
"It is no longer about the players' conduct," Klassen said. "It is about the NFL's conduct, which would be a surprise turn that the NFL didn't expect when they stepped into this."
After all, it was the NFL that moved to shift the Williamses' case from state court -- where they had obtained a temporary restraining order two weeks ago -- to federal court.
"It's the old lesson," Klassen said. "Be careful what door you open and what arena you walk into. And the NFL may come to regret that."
Yep. . .Roger Goodell and the rest of his buddies in the NFL front office might actually have to be held accountable for some of the decisions they've made in this case. That's something they're not expecting, because I don't believe Goodell has ever been held accountable for anything. Ever.
I sort of think that Judge Magnuson is trying to get these two parties to settle outside of court. While, in most court cases, it's in the defendant's best interests to settle for a deal, this time around the plaintiffs might be better served by attempting to reach a compromise. The NFL has a lot more to lose here than the StarCaps Five do, ultimately. . .whether they're smart enough to realize that is another matter all together.
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Nope. I just don’t see the players winning. Pimp-slapped or no, the NFL always manages to finagle its way out of stuff. I doubt they’d even show the humility to make a behind-closed-doors deal and get rid of the suspensions, because it would show everyone they are wrong. If they wait for the judge’s ruling, and if the players win, they can say “Well, we still don’t think you’re right, but since we HAVE to remove the suspensions we will.” and save some semblence of face.
by Frost on Dec 13, 2008 10:43 AM CST reply actions 0 recs
The NFL grosses billions of dollars every year...
When they release that number after this year, could it be a millions below normal…for misc. reasons? (If you get my drift…)
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by Andersklasen on Dec 13, 2008 11:19 AM CST reply actions 0 recs
its about time
It will be great to see Goodell have to eat a little crow. Is it just me or does he come off acting just like a dictator. Seems like he’s really trying to take all the fun out of the league by handing out fines and suspensions every week. The Purple People Eaters would have been broke if they handed down fines like Goodell is now. On a side note Gonzo,just want to tell you how much I enjoy this site. Being a long time Vikings fan living in northern Pennsylvania its great to be able to talk with other Viking fans and read all the different comments on our beloved Vikings . Keep up the terrific blog. SKOL VIKINGS
by crazyviking10 on Dec 13, 2008 11:20 AM CST reply actions 0 recs
The Key Phrase Was...
Are they smart enough to realize when they’re beat? I doubt it. We’re talking about a group of people (NFL) that have had their way at everything they’ve done in the past. They have gotten away with so much without a challenge that they are honestly believing that they are above the law and the rules don’t apply to them (gee, sounds like a group of politicians in Washington, doesn’t it?). That’s what’s going to make this oh so sweet when they finally get their pee pees whacked.
by purplegrey on Dec 13, 2008 11:38 PM CST reply actions 0 recs
Judge Magnuson must be a Vikes FAN!
*Mac45*
by Macdaddy4508 on Dec 14, 2008 10:38 AM CST reply actions 0 recs

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