In bounty lawsuit, NFL focuses on players’ failure to participate in hearings
But here’s where the NFL’s logic may contain a hole. The CBA doesn’t say that the Commissioner must handle the appeals. Instead, it gives the Commissioner the ability to appoint the person who’ll handle the appeals. Given that the Federal Arbitration Act expressly requires an impartial arbitrator, the Commissioner could have — and arguably should have — tapped on the shoulder someone in the office who had not been involved in the investigation or preliminary decision making.
Given that Goodell had direct involvement in the investigation and, presumably, access to the full scope of evidence (much of which wasn’t introduced at the appeal hearing), a judge could find that Goodell should have been mindful of the requirements of the Federal Arbitration Act in identifying a truly impartial person who could resolve the appeals.
In bounty lawsuit, NFL focuses on players’ failure to participate in hearings | ProFootballTalk
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