TheOak

Devils Advocate:

It is a little more gray that that.... While "yes" Vilma's lawsuit is against Goodell personally, Goodell made statements to the public on behalf of the NFL, acting as the Commissioner of the NFL, and as a NFL representative..

Read Page 2 (8 of 32)/16 (22 of 32)...fk it! read the entire thing... There is so much precedent against Vilma that this will probably be thrown out.
http://www.usatoday.com/sports/footb...defamation.pdf

“The law is completely clear that employees may not resort to state tort … claims in substitution
for their rights under the grievance procedure in a collective bargaining agreement.”

6 Indeed, in Article 3, Section 2 of the CBA (quoted above on page 5), the parties agreed to bar
player lawsuits against the NFL or any club raising any claim relating to the CBA or the NFL
Constitution and Bylaws. That Mr. Vilma here sued the Commissioner, rather than “the NFL or
any Club,” is irrelevant to the no-suit bar given that the Commissioner was acting as the Chief
Executive Officer of the NFL in connection with the challenged statements. In any event, if there
were a question about that point, its resolution would also require interpretation of the CBA,
thereby creating another ground for preemption, as noted above. Furthermore, there is no question
that this dispute involves interpretation of various provisions of the CBA and Constitution
and Bylaws, and hence it falls within the scope of, and should be resolved by, the CBA’s dispute
resolution procedures, not a lawsuit.

Beastmode

I still fail to understand the intent of the letter. Filing the grievance was all that was required. No point in applying pressure if they feel 100% confident in the CBA article.

The NFL didn't task him to slander Vilma so therefore he's not representing them at that point. I think there could be a small window of wiggle room.

TheOak

Goodell IS the NFL... He was tasked with protecting the league by the owners... And if you read the linked grievance you will see where it says that basically Tom Benson turned everything over to the league.

Something that has not been brought up because it does not exist is what Benson has to say about "how things are being handled". Does anyone think that Jerry Jones, Robert Craft, Dan Rooney would be quiet about the way things are being handled? The league is basically slaughtering the image of the Saints and its players... While Benson sits at home and watches it happen.

Pay Careful attention to the words accented.
Slander can be a difficult word to define, its very subjective... For Goodell to openly state items that he feels were detrimental to the NFL is not slander or defamation of character. Goodell has just stated what he believes is evidence justifying the penalties...

Had Goodell come out and said that Vilma was an animal, dumbazz, criminal, teabagger... then that would be defamation of character and slander.


Think about this.... If you read the arrest report in a news paper it says what those people were arrested for,, they have not been tried or found guilty, its just stating the charges against them. If the arrest report in the paper called someone a "bad mother" or a "wh0re" then that is defamation of character and slander. But no... It just says arrested for "solicitation of prostitution".

kcsaints

I am a fan of Jon Vilma and support him 100% Most of his tweets are ok but but this one just doesnt seem like a good idea to me. I'm surprised his lawyer doesn't advise him against it.

TheOak

I am surprised all of the players lawyers and representatives do not advise against twitter...

Seer1

From walking out on the kommisar to this, Vilma doesn't seem to be getting or be following good advice on how to play the legal game.

On another take on this, how many other participants in this drama have received such letters and did what rg demanded?

TheOak

Well.. Vilma is the only one suing Roger outright.

Good point on advice... But what would you expect? His advice from the NFLPA is coming from the same people who gave Goodell all of his power... Not exactly a fount of well thought out strategy.

Beastmode

I just feel there was no point in sending a letter, period. It's petty. The NFL claims they are 100% right so why even waste your time addressing Vilma unless they think there is a slight chance the situation could get out of control. Hey bow down right now and your re-instatement could possibly go smoother is what it sounds like.

FinSaint

Vilma is just awesome on twitter... it was funny when the first allegations came out on the Bountygate and the hints that Vilma might be a player facing suspension, he tweeted something like "I think I'll wear my jersey in public today" or something to that nature.

Rugby Saint II

Vilma is pursuing his rightful legal recourse. The Kommisar didn't just say that they were investigating allegatiuons against him. Godhell said he was trying to injure people without any proof. To me that is defamation of character.