Kaepernick has filed a lawsuit against the NFL. Edit: Kaepernick trying to blow the system up.Salute

Wear My Dawg's Hat

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Someone explained it earlier but the owners each individually saying they don't want him for the flag or anything else isn't illegal, they can do that publicly or privately, what is illegal is one owner telling (collusion) another owner specifically not to hire him.

Sports Illustrated has a fairly-detailed analysis of Kaep's legal case at the moment.

Collusion requires actual cooperation between teams (or cooperation between a team or teams and the league)

Here’s a scenario that has probably played out in recent months: Officials on one NFL team meet to discuss the team’s need for a quarterback. Kaepernick is one player they discuss. The officials then decide, without the involvement of any other team, to not sign Colin Kaepernick. Instead, the team signs a quarterback who, by objective metrics, isn’t as good as Kaepernick. These officials even admit to taking such an approach because they believe that Kaepernick would be a distraction. They also openly disagree with his political views and are offended by his kneeling during the national anthem.

Sounds suspicious, right? It’s not, at least not for purposes of collusion.

The scenario I just described is not collusion because it involves only one team. To be sure, those officials might regret not signing the “better” player. That’s not the point. It is lawful for one team to not want Kaepernick on grounds that team officials don’t like him. Along those lines, no NFL team is legally obligated to sign Kaepernick.

For Kaepernick to prove collusion, he would need to show that two or more teams, or the league office and at least one team, conspired in some way to deny him an opportunity to play in the NFL.

Kaepernick needs evidence of collusion

Kaepernick needs more than mere supposition or belief that he has been victimized by a conspiracy. Perhaps he has an email, text, social media message, video, audio recording, hand-written note or sworn testimony from a witness. Maybe his agents, Jeffrey Nalley and Sean Kiernan, are in possession of such evidence. Regardless, the evidence must clearly show that two or more teams, or the NFL and a team or teams, conspired to deny Kaepernick of an opportunity to play in the NFL.

So where might Kaepernick have uncovered evidence that he believes proves collusion? We know that if it occurred, it must have been within the last 90 days, as under Article 17 of the CBA a player has that long to file a grievance. Otherwise we are left to speculate.

One possibility: Given the public uproar over players engaging in a form of protest during the national anthem, could officials on different teams have exchanged emails about the topic and, in doing so, pin the blame on Kaepernick? Sure. After all, Kaepernick began the controversy last season.

Yet even if Kaepernick is in possession of those kinds of emails, they may not prove collusion. He would need to show that he has been deprived of a collectively bargained right—namely, the right to sign with a team. Emails from officials on different teams merely criticizing him might not rise to the necessary level.

An arbitration hearing isn’t as worrisome to the NFL as would be a trial

The hearing for Kaepernick’s grievance will be a private arbitration hearing—not a public trial. Although the federal rules of evidence will apply, NFL arbitration does not involve nearly the same degree of pretrial discovery as found in a trial. No subpoenas or warrants will be available in such a forum, and witnesses cannot be compelled to testify upon threat of being jailed. These dynamics could limit the ability of Kaepernick to force the NFL to answer to his claims or theories.

If Kaepernick wins, he could receive many millions of dollars

If Kaepernick can prove collusion, he stands to receive a sizable amount of money. His damages would be trebled: hypothetically, if Kaepernick proves that collusion cost him $10 million, he would be awarded $30 million in damages.

This is because Kaepernick would be awarded two types of damages. The first would include compensatory damages for the money he lost due to collusion. Under the penalty scheme for collusion, Kaepernick would also receive non-compensatory (or punitive) damages of twice the value of his compensatory damages (thrice if the team is a repeat offender, though no team is likely in such a category).

How could an arbitrator be sure as to the appropriate amount of compensatory damages for Kaepernick? It would clearly be a difficult analysis. The arbitrator would have to envision a world that never occurred and then surmise what Kaepernick, at age 29, would have earned in it.

Michael McCann is SI’s legal analyst. He is also an attorney and the Associate Dean for Academic Affairs at the University of New Hampshire School of Law, and co-author with Ed O'Bannon of the forthcoming book Court Justice: The Inside Story of My Battle Against the NCAA and My Life in Basketball.

Colin Kaepernick’s Collusion Claim: Legal Analysis
 

Lord_Chief_Rocka

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Lots of cac00ning going on in this thread :snoop: anyways...

Here's his case, just a couple years ago he lead a team to a dropped pass away from winning a Superbowl. Once the coach left, the team fell apart but Kap still had decent numbers in spite of the rest of the team failing. He opts out of his last year so at this point a bidding war for his services should have happened. Instead, not a single call for a try out.

What part of the story so far are you remotely confused about :dwillhuh:

You didn't make a single point there. You want to judge collusion based on other players :stop: his play speaks for itself, he didn't get a try out. No rational person can sit here and say there wasn't collusion. You the type to vote for trump if you believe Kappernick isn't good enough. It would be like saying Philip Rivers isn't good enough to get a tryout. We all know that's a lie, well he's less accomplished than Kap. So is 75% of the starters in the league, let's stop spreading lies of the bluest eye :francis:

By pointing a finger at the obvious. A better question is how can the NFL prove it isn't, you know :hula: since it is

The only stunt was the ravens acting like they give a damn about anything. They paid Joe, he's not delivering, Kappernick would take his job. Baltimore is ready for that but not the owners. So enjoy being a shytty team that sucks because they pick personnel based on the approval of white supremacy...

:camby:
No I agree with you. Just saying I don't see the legal case against the league. They can deny him a job for anything so long as it doesn't break A. The civil rights act B. The collective bargaining agreement

Maybe it gets settled and they tell him to go away but I don't think they'll get hit with any legal wrongdoing
 

Danie84

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All Average CaC QB:trash: currently playing can be Admissible for Kaep's case:upsetfavre::krs::obama:
 

Anerdyblackguy

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Didn’t he voluntarily opt out of a contract earlier this year?

He would be in the nfl right now if he didn’t opt out....on his own.

I wonder how that would factor in to this case.

Also, let’s get specific, what teams would be a realistic fit for him, and what are their qb situations like?

Cuz, he’s not even wouldn’t be better than at least 20 other qbs

Can we take emotions out of this argument for a minute?

What teams should even take him and why?

Cuz these are the things that will get brought up in court. And they need to prove that he would be a better fit then what those teams got.


:beli: The GM of the 49ers said they were going to cut him anyway. Why can’t you people understand this.

https://www.google.com/amp/profootb...ave-cut-kaepernick-if-he-hadnt-opted-out/amp/


And at teams he can be on realistically. Ask the Jags, Bears, Colts, Jets, Ravens, Giants, Dolphins, Browns, heck look at the erosion of Big Ben in Pittsburgh ( although I doubt they would need him still). Clearly they would take Colin numbers from last year at this point.
 

THE MACHINE

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If he pulls this off (which he will) this shyt will be something all black players can lean on in a situation like this.

Like I stated, this is a game-changer.
You think so breh? What gives you so much confidence in the justice dept.? Especially in a case like this. I think a lot of fukkery will be uncovered though.
 

NO-BadAzz

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You think so breh? What gives you so much confidence in the justice dept.? Especially in a case like this. I think a lot of fukkery will be uncovered though.


Just my opinion breh :yeshrug:

It's been to much fukkery that's been out in the public, just imagine the shyt we don't know or didn't see behind the scenes.


Blow this bytch up is what I'm for
 

PS5 Pro

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Watson was a top 12 pick bruh.

and he was a great pick, and went to a team that fit him perfectly and he's balling out now.

what are you getting at?
So Watson is the exception or the rule?
And you are now moving the goalposts as well, we know Watson was a high pick, but picks are made with potential in mind as you articulated so nicely.

My rebuttal is potential is based on the thoughts of white supremacist, not on actual potential. Screaming "Watson was drafted" does not change anything. You saying two blacks was drafted doesn't say anything, why? How many QB's were drafted, and how many of them was white/black? How many black D1 QB's are there and how many didn't get drafted vs white QB's?

You cannot turn a blind eye to the history of the league because Watson was drafted 12th. Is America no longer racist because Obama was president???
 

Rapmastermind

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Good move for Colin, might as well get was rightfully his. It's clear as day the owners colluded and whiteballed him from the NFL. He can even show how with all the knelling they can't say it was a distraction so it's clear he's being punished for the protest. Rodgers just went down so Greenbay does need a QB but should he come in now basically at the middle of the season? Maybe it's better he take this to court and force those Billionaires on their knees because it's clear by statements being made there is some collusion.
 
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