Redskins, Cowboys could go “nuclear” over cap mess

[los panda]

a cop stole $47 cash out of my money clip while i was cuffed. i did nothing, i was in no position. howard county, md...

[JWsleep]

Originally Posted by JoeRedskin

No. If we do nothing, it simply means that, in weighing the probability and benefits of prevailing against the costs of pursuing the claim, the possibility of an adverse decision and/or the incidental costs created by attacking their fellow owners, DS decided it was best to go quietly into the night.

Lots of people settle or fail to pursue meritorious claims and they do so for lots of reasons unrelated to the actual merit of the claim. It is why Dallas' decision not to pursue a claim is simply not in any way probative as to the merit of the Skins' substantive claim.

Awesome stuff throughout this thread, JR! Very clear.

Right, this is clearly the equation at this point. And there's the real worry that the nuclear option has too much fallout even for DS--now Al Davis was radioactive, so it was no worry for him at all.

Arbitration or behind the scenes deal-making is the most likely outcome. This is the NFL, after all. I'd love to be a fly on the wall at the owner's meeting!

[DCtoAZ]

you just knew the Danny and the Jerry weren't going to let this s**t go on.

[NC_Skins]

Originally Posted by DCtoAZ

you just knew the Danny and the Jerry weren't going to let this s**t go on.

They haven't done anything yet, and I wouldn't be surprised if they end up not doing anything.

[Giantone]

Originally Posted by JoeRedskin

Neither the facts you say are disputed (DS & JJ initially agreed to the conduct and reneged) or the facts which you say are undisputed (the NFLPA has approved the sanction for the 2010 conduct; Dallas is not pursuing a remedy) are legally relevant or probative on the issue of whether or not the NFL is permitted to enforce, through sanction, the leagues attempt to “restrict or limit [the Skins] decision making” in 2010.

Bravo ,all jokes a side I love reading your dissertations your legal expertise is obvious.You believe the information I have given is not legally relevant on the issue and as I said before all I'm going on is what I have read in the Washington Post and I believe that if proven true then that information would be damning to the Skins and Cowboys.I fully admit that I have no legal education to go on and have never pretended to be a Lawyer but I know many a great lawyer to be wrong.

[GusFrerotte]

Nop way these cap hits will hold up. The other franchises colluded, which was a stupid move, but meant to screw over the players. If no NFL rules or franchise bylaws, etc were broken then the NFL has no legs to stand on. Dan and Jerry need to get together and go to Federal court over this crap. Screwing over two teams that wanted/needed to use the advantage of the situation is heinous to say the least. I need to build me a fleet of drones and hit NFL HQ if this holds up. Why would Goodell want to hurt the rebuilding efforts of his two largest cash cows?

[Giantone]

Originally Posted by NC_Skins

They haven't done anything yet, and I wouldn't be surprised if they end up not doing anything.

Look as if JR says this is all shit (sorry) then fight and let the chips fall where they may.I read what JR said but again I disagree doing nothing to me is an admission of guilt.

[Ruhskins]

Originally Posted by Giantone

Bravo ,all jokes a side I love reading your dissertations your legal expertise is obvious.You believe the information I have given is not legally relevant on the issue and as I said before all I'm going on is what I have read in the Washington Post and I believe that if proven true then that information would be damning to the Skins and Cowboys.I fully admit that I have no legal education to go on and have never pretended to be a Lawyer but I know many a great lawyer to be wrong.

I am going to go out on a limb and say that I would imagine someone with a legal education would know more about this whole issue than someone who doesn't.

Also, I think that given how much Skins fans tend to overreact and be hostile towards Snyder, I think there'd be a ton of people calling for his head if this was entirely the Redskins (and Cowboys) fault.

[BigHairedAristocrat]

when this thread was first open after the pft article, i was thirsting for blood. the discussion thats gone on here amongst my fellow forum members has become so repetitive and tiresome that my bloodlust has been replaced with entire apathy towards the entire issue. until i read reports which state otherwise, im not going to give anymore thought to it. we got screwed and we're probalby not going to do anything about it. i'd rather look forward to the rest of free agency and the draft than continue crying over spilled milk.

[Ruhskins]

Originally Posted by Giantone

Look as if JR says this is all shit (sorry) then fight and let the chips fall where they may.I read what JR said but again I disagree doing nothing to me is an admission of guilt.

It could also means that the team is weighting the pros/cons of fighting this. If the cons outweight the pros, then they may decide it may not be worth it. Especially if they are able to absorb the punishment.

[SBXVII]

Wait until after draft day, then Mr. Snyder get some balls and file the law suit. Show your not going to get walked on. The league changes their mind then drop the law suit if they don't then let it go to arbitration.

[NYCskinfan82]

Originally Posted by JoeRedskin

No. If we do nothing, it simply means that, in weighing the probability and benefits of prevailing against the costs of pursuing the claim, the possibility of an adverse decision and/or the incidental costs created by attacking their fellow owners, DS decided it was best to go quietly into the night.

Lots of people settle or fail to pursue meritorious claims and they do so for lots of reasons unrelated to the actual merit of the claim. It is why Dallas' decision not to pursue a claim is simply not in any way probative as to the merit of the Skins' substantive claim.

You see it your way I see it mine.

[HoopheadVII]

A couple of relevant points that may or may not have been made yet:

1) The NFL's Constitution and bylaws outline the authority of the Executive Committee, the Commissioner, and they authorize the commissioner to create other committees reporting to the commissioner (including the Management Council Executive Committee). The authority of the commissioner is specifically defined (Art. VIII), and nowhere in there does the commissioner have the power to modify the salary cap. He does have the right to recommend other punishment to the Executive Committee, but punishment by the Executive Committee requires the affirmative vote of 3/4 of the clubs.

2) The discipline enacted relies on the clubs involved exhibiting "conduct detrimental to the welfare of the League." This should be interesting to prove given that the Commissioner had the ability to disapprove the relevant contracts at the time and didn't.

3) The CBA explicitly states (Art XIII, Sec. 1) that the salary cap will the same amount for each club.

4) The NFLPA agreed to not dispute the penalty because DeMaurice Smith was bribed with his job. He is up for re-election this month, and seeing the salary cap go down from the fixed amount last year would all but ensure he's not re-elected. The Salary Cap is calculated for a given year based on projected revenues - and the total cash spending requirement across all teams is adjusted later based on actual revenues. Since the League makes this projection, they threatened to lower the salary cap in 2012 if the NFLPA didn't accept the penalties on the 'Skins and Cowboys.

[JoeRedskin]

Originally Posted by NYCskinfan82

You see it your way I see it mine.

Yeah, I probably haven't been involved in the settlement of about a thousand or two claims in my 20 year career as an attorney - so I probably have no idea what I am talking about.

[BuckSkin]

Welcome aboard Hoophead, best first post I've seen.