Vilma walks out of appeal with Goodell - NFL

SmashMouth · 06-18-2012, 02:47 PM

An update from NOLA.com...

"We had two fundamental issues that have come to the forefront today," Vilma attorney Peter Ginsberg said. "One is a question about how we ended up in a place, at a proceeding, where the commissioner has so unilaterally and in such a draconian fashion believes that he can take over control of a proceeding like this. Putting aside how we got here, even with regard to the few fundamental rules that should govern these proceedings he cannot abide by them. For an example, the commissioner was obligated to produce the documents to us within 72 hours before the proceeding. The NFL didn't produce any of their documents 72 hours before the proceedings. When you look at those documents it's clear the commissioner whas withheld from us thousands of pages that he gathered during the course of his supposed investigation. He was also unwilling to present any witnesses to us. So we got upstairs and the commissioner has tried to regroup by adjourning today's hearing after we presented our position with regard to the process and with regard to the merits. We're not willing to participate in that kind of sham. The commissioner had legal obligations, procedural obligations. He failed in those obligations and as far as we're concerned these proceedings are over."

The NFL, for it's part, insists it complied with the language of the collective bargaining agreement by turning over some 200 out of tens of thousands of pages it amassed last Friday, three calendar days before the hearing. It was the players side that requested the adjournment, according to the NFL, to give it more time to review what has already been produced.

But it is what has not been produced that is telling, according to Ginsberg. Vilma stands accused of offering $10,000 to any teammate who took out an opposing quarterback in the 2009 playoffs, a chilling allegation he and Ginsberg say is untrue. There was no evidence in Friday's offering to support that charge, according to people favorable to the players who have reviewed it, and Ginsberg contends the massive files the NFL has thus far kept hidden would prove the falsity of the accusation.

"(Goodell) attempted to adjourn it, we closed the record," Ginsberg said. "For more abuse of the process and of Jonathan's rights? No, we've decided enough is enough. (Goodell) knows what the evidence is and if he chooses to ignore the evidence then we have to proceed as best we can to reclaim Jonathan's reputation."

Ginsberg thus left open the possibility, which he declined to address, that Vilma may seek additional recourse through the courts. Vilma has already filed a defamation lawsuit against Goodell personally in federal court in New Orleans.

"I'm an eternal optimist," Ginsberg said. "Perhaps the commissioner will rethink what he's doing."

read more

This poses an interesting wrinkle .... the league, or Goodell, according to Ginsberg, did not comply not only in a timely manner but also in terms of the actual evidence. So it looks like that Vilma now has yet another recourse upon which he can pounce on the NFL and the commissioner.

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06-18-2012, 02:47 PM	#21
SmashMouth I donated, did you? Join Date: Sep 2007 Location: Mandeville, LA Posts: 38,522 Blog Entries: 29	An update from NOLA.com... "We had two fundamental issues that have come to the forefront today," Vilma attorney Peter Ginsberg said. "One is a question about how we ended up in a place, at a proceeding, where the commissioner has so unilaterally and in such a draconian fashion believes that he can take over control of a proceeding like this. Putting aside how we got here, even with regard to the few fundamental rules that should govern these proceedings he cannot abide by them. For an example, the commissioner was obligated to produce the documents to us within 72 hours before the proceeding. The NFL didn't produce any of their documents 72 hours before the proceedings. When you look at those documents it's clear the commissioner whas withheld from us thousands of pages that he gathered during the course of his supposed investigation. He was also unwilling to present any witnesses to us. So we got upstairs and the commissioner has tried to regroup by adjourning today's hearing after we presented our position with regard to the process and with regard to the merits. We're not willing to participate in that kind of sham. The commissioner had legal obligations, procedural obligations. He failed in those obligations and as far as we're concerned these proceedings are over." The NFL, for it's part, insists it complied with the language of the collective bargaining agreement by turning over some 200 out of tens of thousands of pages it amassed last Friday, three calendar days before the hearing. It was the players side that requested the adjournment, according to the NFL, to give it more time to review what has already been produced. But it is what has not been produced that is telling, according to Ginsberg. Vilma stands accused of offering $10,000 to any teammate who took out an opposing quarterback in the 2009 playoffs, a chilling allegation he and Ginsberg say is untrue. There was no evidence in Friday's offering to support that charge, according to people favorable to the players who have reviewed it, and Ginsberg contends the massive files the NFL has thus far kept hidden would prove the falsity of the accusation. "(Goodell) attempted to adjourn it, we closed the record," Ginsberg said. "For more abuse of the process and of Jonathan's rights? No, we've decided enough is enough. (Goodell) knows what the evidence is and if he chooses to ignore the evidence then we have to proceed as best we can to reclaim Jonathan's reputation." Ginsberg thus left open the possibility, which he declined to address, that Vilma may seek additional recourse through the courts. Vilma has already filed a defamation lawsuit against Goodell personally in federal court in New Orleans. "I'm an eternal optimist," Ginsberg said. "Perhaps the commissioner will rethink what he's doing." read more This poses an interesting wrinkle .... the league, or Goodell, according to Ginsberg, did not comply not only in a timely manner but also in terms of the actual evidence. So it looks like that Vilma now has yet another recourse upon which he can pounce on the NFL and the commissioner.