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NFL requests a summary judgement to end Kaepernick's case
Posted on 7/3/18 at 11:03 am
Posted on 7/3/18 at 11:03 am
quote:
The request puts the future of the case in the hands of Burbank, who now must determine whether Kaepernick’s legal team has uncovered sufficient evidence to continue the quarterback’s action against the league.
If Burbank rules Kaepernick’s attorneys have found evidence to move toward a hearing, the case will continue, possibly with additional depositions. If he finds that the current discovery evidence is insufficient to advance, he can dismiss the case in favor of the NFL. In no uncertain terms, the request is the most pivotal moment in the nearly nine months of discovery and depositions between the former San Francisco 49ers quarterback and the NFL. With the league’s request for summary judgement, Kaepernick’s legal team will now have to file an argument with discovery or deposition material that supports the case continuing.
According to Article 17 in the CBA, the argument will need to show evidence “sufficient to raise a genuine issue of material fact capable of satisfying” Kaepernick’s collusion allegation.
NFL lawyers don't think there is any evidence of collusion
8
Posted on 7/3/18 at 11:07 am to TigerintheNO
Who colluded with Kap to opt out of his last year and walk away from 14 million? Too bad the market didn’t think he was a more than a 14 million dollar guy.
This post was edited on 7/3/18 at 11:08 am
Posted on 7/3/18 at 11:14 am to TigerintheNO
quote:
the argument will need to show evidence “sufficient to raise a genuine issue of material fact capable of satisfying” Kaepernick’s collusion allegation.
LOL good luck achieving that, I'm still waiting for the evidence that shows collusion occurred relative to Kap not weird inferences from statements by Donald Trump and Jerry Jones, you'd think after 9 months of discovery a scintilla of logical evidence would've been found and possibly leaked to the press like Will Cain said "like searching for a needle in a haystack" this will be a W for the NFL
Posted on 7/3/18 at 11:14 am to TigerintheNO
There is evidence that the league did not collude. Kaepernick turned down a contract option from the Broncos. So if he was offered a contract to play in the NFL, how can there be collusion?
Posted on 7/3/18 at 12:24 pm to JohnnyRebel
It's collusion only if the owners got together and made a pact not to sign Kaep.
They're fully within their rights to decide he isn't worth the troubke, even if they think he's good enough to start. There's no reason, from a football standpoint, that Greg Hardy is in an obscure minor league right now, but the teams don't want the fan backlash. TO couldn't get a job after the Bills and he was definitely good enough to play. But nobody wanted the clubhouse drama.
They're fully within their rights to decide he isn't worth the troubke, even if they think he's good enough to start. There's no reason, from a football standpoint, that Greg Hardy is in an obscure minor league right now, but the teams don't want the fan backlash. TO couldn't get a job after the Bills and he was definitely good enough to play. But nobody wanted the clubhouse drama.
Posted on 7/3/18 at 12:28 pm to TigerintheNO
This whole thing was a kaep clownshow.
Posted on 7/3/18 at 12:39 pm to TigerintheNO
I wish the court would just tell him...dude, you don't have a Constitutional right to play in the NFL...especially when you aren't that good.
Posted on 7/3/18 at 1:38 pm to TigerintheNO
This is because the NFL lawyers are smart. Conspiracy is incredibly hard to prove from an evidentiary standpoint, and a MSJ puts the ball in Kaep’s court to put all of his evidence on the table. Even if the NFL ‘loses,’ Kaep still has to go to court to prove an even higher burden than the MSJ hearing and the NFL will know exactly what they’re up against. It’ll be easier for them to disprove whatever he puts out there.
Honestly, the only evidence Kaep has is likely circumstantial with Reid getting blackballed in the same way. That’s not going to be enough.
Honestly, the only evidence Kaep has is likely circumstantial with Reid getting blackballed in the same way. That’s not going to be enough.
Posted on 7/3/18 at 1:45 pm to Dixie Normus
quote:
Reid getting blackballed in the same way.
True but haven't there been other players just as vocal as them? I love Eric Reid and I don't care if he kneels or stands but doesn't he have severe concussion issues? So it's not like he doesn't have negatives being signed as well.
Posted on 7/3/18 at 1:53 pm to jlovel7
Oh I agree. Even if Kaep proves there’s a conspiracy, the owners can always stand behind the fact that they own a corporation and a corporation is driven by profit motives only. They can just say it’s bad business to have a guy that brings that kind of media attention around.
Same deal with Reid. They just say that it’s hard to sign a dude to contract that they may only get 3 games out of given his concussion history.
Same deal with Reid. They just say that it’s hard to sign a dude to contract that they may only get 3 games out of given his concussion history.
Posted on 7/3/18 at 1:55 pm to Dixie Normus
frick Kaep
Posted on 7/3/18 at 3:30 pm to TigerintheNO
I'm still waiting on the dramatic turn Geragos promised us. Didn't he say someone was going to turn on the NFL?
Posted on 7/3/18 at 4:53 pm to Dixie Normus
quote:
Kaep still has to go to court to prove an even higher burden
No, won't go to court. As a member of the player's union he gave up that right, in the CBA. If deemed creditable and allowed to continue, the commissioner and the NFLPA jointly select an arbitrator.
quote:
The system arbitrator will not decide the grievance based on whether Kaepernick has “probably” proven the case. Kaepernick must be somewhat more convincing: He must persuade the arbitrator through a “clear preponderance of the evidence” that collusion occurred and caused him economic injury. The word “clear” in conjunction with “preponderance of the evidence” is noteworthy. Legal commentators who have studied this burden find that the evidence must be compelling in order for the burden to be met
Posted on 7/3/18 at 4:57 pm to TigerintheNO
And boys, the lesson to be learned in this little escapade?
The power of pussy in UNDEFEATED throughout human history.
Un
De
Feated
The power of pussy in UNDEFEATED throughout human history.
Un
De
Feated
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