More legal moves made in Saints' bounty case

752648.jpg

More legal moves made in Saints' bounty case

From Comcast SportsNet
NEW ORLEANS (AP) -- The NFL Players Association filed a lawsuit against the NFL on behalf of three players suspended in connection with the bounty investigation, calling Commissioner Roger Goodell "incurably and evidently biased." The lawsuit, filed on behalf of Will Smith, Scott Fujita and Anthony Hargrove on Thursday in federal court in New Orleans, highlighted a flurry of legal activity surrounding the punishment of four players for what the NFL says was their roles in a program that paid improper cash bonuses for hits that injured opponents. Suspended Saints linebacker Jonathan Vilma, who is suing separately in the same court, asked a judge to overturn his suspension while also requesting a temporary restraining order and injunction that would allow the linebacker to quickly return to work and keep working while his case is pending. Goodell, meanwhile, filed a motion to dismiss defamation claims that Vilma made in his initial lawsuit against the commissioner in May. The motion, which was expected, states that Vilma is barred from making such claims by the dispute resolution process outlined in the NFL's labor agreement, which also includes a provision barring lawsuits by players against the NFL. But Vilma's attorney, Peter Ginsburg, said the defamation claims focus "exclusively on statements Mr. Goodell has made publicly and outside the confines of the CBA." "Mr. Goodell cannot escape responsibility for those public statements based on an argument that statements in a different forum and in a different context might have avoided judicial scrutiny," Ginsberg said in an email. "Having the title of Commissioner' does not provide Mr. Goodell with a license to make the accusations and allegations he has made against Jonathan in public forums without facing the same scrutiny as other citizens." The Saints linebacker, whose suspension is effective immediately, wants the injunction so he may resume rehabilitating his left knee injury at Saints headquarters. Vilma is suspended for a season, Hargrove for eight games, Smith four and Fujita three. Vilma and Smith still play for New Orleans, while Hargrove is with Green Bay and Fujita with Cleveland. The NFLPA lawsuit said Goodell violated the league's labor agreement by showing he had pre-determined the guilt of players punished in the bounty probe before serving as the arbitrator for their June 18 appeal hearing. Two days ago, Goodell denied the players' appeals, and now the NFLPA is asking a judge to set aside earlier arbitration rulings and order a new arbitrator to preside over the matter. The NFL responded that the action is an "improper attempt to litigate" and said there is "no basis for asking a federal court to put its judgment in place of the procedures agreed upon with the NFLPA in collective bargaining." "These procedures have been in place, and have served the game and players well, for many decades," NFL spokesman Greg Aiello said in an email to The Associated Press. The NFL has said it found that former Saints defensive coordinator Gregg Williams ran a bounty program that paid improper cash bonuses for injuring opponents. Saints had coach Sean Payton has been suspended the entire 2012 season for failing to put a stop to it, while general manager Mickey Loomis has been suspended half a season and assistant head coach Joe Vitt six games. Williams, now with St. Louis, is suspended indefinitely and, according to the NFL, cooperating with the investigation. The players, however, have claimed they never sought or accepted rewards for injuring opponents. Fujita has said the NFL grossly mischaracterized what was an informal accountability program for teammates to reward one another for big plays such as sacks, forced fumbles and interceptions, something players on many teams have taken part in for years. Several current Saints defensive players who have not been punished, including safety Roman Harper and linebacker Scott Shanle, have publicly defended their current and former teammates, denying that any Saints player sought to do anything more than what they were already paid to do -- deliver clean hits as hard as they could. Some players have also suggested that Goodell's bounty punishments are part of an agenda to make the league look tough on player-safety matters in order to mitigate exposure to lawsuits filed by numerous retired NFL players who claim the league failed to educate them about or prepare them for many of the long-term physical ailments, including brain disease, that a pro football career can cause. "A seminal question for this court is whether the NFL collective bargaining agreement ... granted the commissioner, when serving as an arbitrator, the authority to disregard the essence of the parties' agreement, to conduct proceedings that are fundamentally unfair, and to act with evident bias and without jurisdiction," the lawsuit states. "The answer, under governing case law, is clearly no.' "The investigation and arbitration process that the Commissioner's public relations machinery touted as thorough and fair' has, in reality, been a sham," the lawsuit stated. The lawsuit said the NFL violated the labor agreement by refusing to provide players with access to "critical documents or witnesses, or anything resembling the fairness mandated by the CBA and governing industrial due process law." The suit also states that Goodell "launched a public campaign defending the punishments he intended to arbitrate, rendering him incurably and evidently biased." The NFLPA also reiterated a claim that the CBA requires much of the "pay-for-performance" conduct outlined in the NFL's bounty investigation to be handled by a system arbitrator and not the commissioner, who has "improperly usurped" control over that process. The NFL has argued that the bounty matter falls under conduct detrimental to the league, which the commissioner has authority to punish. Two arbitration rulings so far have ruled in the NFL's favor on that matter, but the NFLPA lawsuit says the NFL's handling of the bounty matter amounts to a "rare case" in which the arbitrators' previous rulings should be set aside. The union contends one arbitrator, Stephen Burbank, based his ruling on a statement that he saw his jurisdiction covering only improper payments made to players, but not the payments the NFL has said players made into the bounty pool. "This distinction cannot be justified by the CBA, nor can it override the fact that the NFLPA has never agreed to arbitrate these types of disputes before the Commissioner," the lawsuit said. Included with the 55-page lawsuit are 400 pages of exhibits, including about 200 pages of evidence that the NFL presented at the appeal hearing. The lawsuit notes that those documents represent a "sparse" sampling of the 18,000 documents totaling about 50,000 pages that the league said it compiled during its investigation. One exhibit is a sworn declaration from Duke Naipohn, a fatigue risk management specialist who was working closely with the Saints defense throughout the 2011 season. Naipohn said he attended most defensive meetings and never saw bounties placed on opposing players or saw Saints players rewarded for injuring opponents.

Quick Links

Wizards unlikely to pay any more free agents to attend training camp

Wizards unlikely to pay any more free agents to attend training camp

With the big-ticket item put to bed with Bradley Beal’s max contract, the Wizards are entering a dead period where little will take place leading into Sept. 27 training camp. But there still are key issues to be decided and one is filling out the roster.

By league rule, they can carry as many as 20 players during the offseason at one time. While they still have two spots open for the 15-man regular season roster, it's unlikely the Wizards will pay more players to attend camp.

So when they are said to have "signed" players from this point forward to a "training camp deal," it'll strictly be what's called a "make good" deal. In other words, it's non-guaranteed and the only way that player gets the money is if he makes the final 15. 

The reason for this is because the Wizards have locked in Jarell Eddie, Danuel House, Sheldon McClellan and Daniel Ochefu on deals with partial guarantees -- basically payments to bring them into training camp so if they don't make the cut they'll walk away with something -- that total about $400,000. Although the sum still is relatively small it does count against the $94 million salary cap. Any quality players still looking for a place to attend camp are more likely to go somewhere they have a better chance to make the cut or take guaranteed money now to go abroad like Aaron White did Friday

Micheal Eric played for the Wizards at Las Vegas summer league and was their best center. Even though he has had an invite on the table from the Wizards, the 28-year-old appears unlikely to accept because he wants money to attend, league sources tell CSNmidatlantic.com.  

Quick Links

Lopez struggles, Nats' bullpen cracks late in loss to Giants

Lopez struggles, Nats' bullpen cracks late in loss to Giants

Postgame analysis of the Nats' 5-3 loss to the San Francisco Giants on Saturday evening at AT&T Park.

How it happened: Mark Melancon can't join the Nationals soon enough.

On the same day the Nats pulled off a big trade for an upgrade at closer, it was their bullpen that failed them. Yusmeiro Petit allowed the go-ahead run on a sacrifice fly to Joe Panik in the bottom of the seventh inning. Panik killed the Nats in the 2014 NL Division Series and on Saturday he was the hero in a 5-3 Giants win.

The trouble, though, didn't stop there. After Petit left, Blake Treinen walked Trevor Brown with the bases loaded to score another run. That gave the Giants the comfort of a two-run lead. The Nats' bullpen had made things interesting in the first two games of their series at San Francisco and they finally cracked in the third matchup.

Rookie Reynaldo Lopez allowed the Giants' first three runs and only lasted four innings. Giants starter Jake Peavy also had a short day with three runs given up in four innings of work. 

Anthony Rendon launched a two-run homer in the third inning. Danny Espinosa landed an RBI double in the fourth. Trea Turner went 2-for-4 with a steal. Ryan Zimmerman continued to heat up with a single and a run. Jayson Werth extended his streak of reaching base end to 33 games on a bloop single in the eighth inning.

The Nats, though, went 0-for-7 with runners in scoring position. Three of those at-bats came in the first inning after Turner led off with a single, then stole to reach second. The Nats could not move him from there.

What it means: The Nationals had their three-game winning streak snapped with the loss and fell to 2-1 against the Giants this season. They sit 61-43 on the year.

Lopez struggles again: Lopez has all the tools to be a very good MLB pitcher, whether that's as a starter or a reliever, but through two outings he has not had much luck. In his debut against the Dodgers it was basehits that killed him. On Saturday, he couldn't command the strike zone and ended up with five walks in addition to four hits.

Lopez was better in his second start than he was in his debut, but still found trouble getting batters out. He escaped a major jam in the second inning when Eduardo Nunez popped out with the bases loaded. Lopez was not as fortunate in the bottom of the fourth when Nunez doubled with the bases juiced to score two runs. The other run off Lopez was on an Angel Pagan groundout in the same inning.

Joe Ross made another rehab start with Triple-A Syracuse on Saturday. If he is not ready to return to the Nats' rotation in five days, it will be interesting to see if they go back to Lopez or give Lucas Giolito another shot.

Caught stealing: The Nats had two runners caught stealing by Buster Posey. One was Ben Revere in the fifth inning with Hunter Strickland on the mound. The other was in the seventh with Sergio Romo pitching. Harper's was a tough one, as he led off the frame with a walk with the Nats looking to come back from a two-run deficit. The Nats right fielder had no chance against Posey, who easily threw him out on the attempt. Werth then singled two at-bats later, leaving the Nats only to wonder what could have been.

Rendon hits No. 13: Rendon has been the Nats' best hitter this month not named Daniel or Wilson, and the third baseman kept it going on Saturday with another big game. Rendon's homer was his 13th of the season and his sixth of July. Over his last 11 games, Rendon is 14-for-42 (.300) with four homers, eight RBI and six runs scored.

Up next: The Nats and Giants close out their series with another 4:05 p.m. start on Sunday. Gio Gonzalez (6-8, 4.44) will look to keep his positive momentum going opposite Matt Cain (2-6, 5.95).

[RELATED: After Melancon trade, what do Nats do with Papelbon?]

SCROLL DOWN FOR MORE NATIONALS STORIES

Quick Links

Maryland scores third three-star commitment of Saturday, another RB

Maryland scores third three-star commitment of Saturday, another RB

Three-star North Carolina running back Javon Leake has committed to Maryland, he announced via Twitter on Saturday. 

Leake becomes the third player to commit to Maryland on Saturday and the fourth to commit over the weekend. He joins North Carolina kicker Jonathan Doerer, Washington, D.C. offensive lineman Johnny Jordan, and Maryland running back Tayon Fleet-Davis

Leake is the No. 26 running back in the country's class of 2017, per Rivals.com, and is listed at 6-1, 192 pounds.

MORE TERPS: MARYLAND-RUTGERS TROPHY GAME IN THE WORKS?