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this is a discussion within the Saints Community Forum; 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 ...
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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. |
It's not what you look at that matters, it's what you see. ~ Henry David Thoreau
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![]() LinkBack to this Thread: https://blackandgold.com/saints/45704-jonvilma51-nfl-sent-me-letter-demanding-i-drop-my-defamation-suit-else.html
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Posted By | For | Type | Date | Hits |
JonVilma51: The nfl sent me a letter "demanding" I drop my defamation suit or else...lol or else wat?!?? They no likey me lawsuitey | This thread | Refback | 07-11-2012 10:10 PM | 6 |