Good/Bad News for a Change - 2013 18MM cap penalty probably (not) going away

[JoeRedskin]

Originally Posted by SFREDSKIN

Mixed views on strength of Redskins’ legal position in salary cap case

What I think is interesting is that those saying the Skins will lose are basically saying they will lose b/c everyone has lost on the previous claims/lawsuits. They don't really cite any legal basis for the loss. On the other hand, those saying they may have an argument cite to a specific legal theory for how they may recover.

The stuff that has gone before really is tangential to the current potential claim. One involved the claims for redress by an entirely different party - the NFLPA. The other involved, essentially, a procedural administrative claim by the Skins that the NFL had not followed its own internal rules when levying the penalties. Neither dealt with the substantive claim for unfair dealing that Snyder is now contemplating against his business partners. (i.e. - you filled out the proper forms to levy the fines, but the underlying basis for the fines is invalid).

Also, the article says that the League and NFLPA must agree to restore the cap space. While that may be true, the Skins could seek and the judge could order equitable relief of another kind (extra draft picks for example) or levy such a monstrous fine on the NFL that would vanish if the cap space were restored. Alternatively, the Skins could seek assistance/testimony from the NFLPA saying, "yup, we agree to the restoration of the cap space if you order it judge." There's lots of creative ways to redress the wrong.

The more I think about it. The more I think that Snyder has a legit claim. It would air a LOT of dirty laundry and he may or may not succeed, but I am betting there is something actionable.

Even if he couldn't get an injuction, all it would have to do is survive a motion to dismiss and Mara, Goodell and others would be subject to depositions. Given the timing, those would likely be happening right around the opening of the new season.

I bet if they can put together a Complaint that appears to have some legal weight to it and shows they are willing to go the distance, owners will accomodate them. None of them will want to be deposed about their discussions and agreements during the lockout.