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-   -   NEWS Goodell files motion to dismiss Vilma suit (http://blackandgold.com/saints/45223-goodell-files-motion-dismiss-vilma-suit.html)

TXGSP 07-05-2012 12:34 PM

Goodell files motion to dismiss Vilma suit
 
No suprise in the response....

Goodell files motion to dismiss Vilma suit

NEW ORLEANS (AP) -- NFL Commissioner Roger Goodell has filed a motion to dismiss defamation claims made against him by suspended Saints linebacker Jonathan Vilma in connection with the league's bounty investigation.

The motion filed Thursday comes in response to claims Vilma made in a lawsuit filed in May in federal court in New Orleans.

Vilma has claimed that his suspension is without merit and that Goodell has made false public comments that have damaged Vilma's reputation and hurt his ability to continue to make a living by playing football and through related endorsement deals.

Goodell's motion says Vilma's claims are barred by dispute resolution procedures laid out by the NFL's collective bargaining agreement.

The motion also says Vilma's claim would fail under a Louisiana law that protects statements about matters of public importance.

League Link (has a bit more information)
http://www.nfl.com/news/story/09000d...mation-lawsuit

TheOak 07-05-2012 12:39 PM

"Goodell's motion says Vilma's claims are barred by dispute resolution procedures laid out by the NFL's collective bargaining agreement."

This is where it will fail.... Dispute resolution clauses are not just in the NFL, many major corporations have the same thing preventing you from taking it to court with a lawyer.

Something else to note... As Vilma has declined to go to NY and sit with GoodelL to discuss (for what ever reason... it doesnt matter).. Vilma has not done his due diligence to take this to court. It will probably be thrown out just because Vilma did not even try and go sit with Goodell.

Legal, fair, and common sense to not always go hand in hand.

Utah_Saint 07-05-2012 12:50 PM

"Goodell's motion says Vilma's claims are barred by dispute resolution procedures laid out by the NFL's collective bargaining agreement."

Who knew the CBA had a procedure for using the press to ruin players reputations with repeated accusations without any real proof, over several months time.

Maybe they call it the "Mean Girls" clause.

burningmetal 07-05-2012 12:56 PM

Yeah, unfortunately Vilma was not very smart. I always thought he was a fairly intelligent guy, but when it comes to legal matters, he's terrible. We all understand his frustrations but he let his emotions get in the way of the process. He stormed out of his hearing and then didn't meet with Goodell. I understand where he's coming from in believing that it wouldn't make a difference with Roger to meet with him, but it would have improved his chances of being heard by someone else.

That clause is total BS, by the way. How people manage to pass such laws is beyond my comprehension.

kcsaints 07-05-2012 01:09 PM

Surely Vilma's lawyer, Peter Ginsberg, anticipated this move by the Goodhell. It's not his first rodeo after all.

About an hour ago Jon Vilma tweeted "and now we're off...."
perhaps in reference to this motion?

Beastmode 07-05-2012 01:55 PM

He should have had his wife file the defamation lawsuit. This stance has worked before in dealing with military members where they themselves are unable to pursue the military. Not sure if it would have worked but we certainly would not be hearing anything about CBA out of Roger's mouth.

Rugby Saint II 07-05-2012 02:53 PM

The motion also says Vilma's claim would fail under a Louisiana law that protects statements about matters of public importance.[/QUOTE]

This is the kicker........what a weasel. :brood:
Vilma and the Saints reputation is a matter of public importance as well.:bng:

TXGSP 07-05-2012 03:12 PM

I really think the fact that the league released information (basically HR related) on displinary actions before/during/after the actual actions were taken could come back to haunt them.

Nothing may change in this instance, but future instances may well be handled differently.

Not sure on any particular provision in Louisiana law regarding that, but try to get any information from an employer on one of their employees and it usually doesn't go very far. Company personnel are normally instructed to not give any information at all just to avoid any liability in court.

No telling where the court case may go if it doesn't get thrown out, but there are some interisting angles that could come about.

Beastmode 07-05-2012 03:14 PM

Quote:

Originally Posted by kcsaints (Post 416473)
Surely Vilma's lawyer, Peter Ginsberg, anticipated this move by the Goodhell. It's not his first rodeo after all.

About an hour ago Jon Vilma tweeted "and now we're off...."
perhaps in reference to this motion?

Ginsberg knows what he's doing but the bottomline is he hasn't had much luck facing the NFL, matter of fact, nobody has. They use the CBA like the phrase from Lethal Weapon II, "Diplomatic Immunity".

saintsfan1976 07-05-2012 04:05 PM

Where's a Minnesota court when you need one?


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