More legal moves made in Saints' bounty case

752648.jpg

More legal moves made in Saints' bounty case

From Comcast SportsNet
NEW ORLEANS (AP) -- The NFL Players Association filed a lawsuit against the NFL on behalf of three players suspended in connection with the bounty investigation, calling Commissioner Roger Goodell "incurably and evidently biased." The lawsuit, filed on behalf of Will Smith, Scott Fujita and Anthony Hargrove on Thursday in federal court in New Orleans, highlighted a flurry of legal activity surrounding the punishment of four players for what the NFL says was their roles in a program that paid improper cash bonuses for hits that injured opponents. Suspended Saints linebacker Jonathan Vilma, who is suing separately in the same court, asked a judge to overturn his suspension while also requesting a temporary restraining order and injunction that would allow the linebacker to quickly return to work and keep working while his case is pending. Goodell, meanwhile, filed a motion to dismiss defamation claims that Vilma made in his initial lawsuit against the commissioner in May. The motion, which was expected, states that Vilma is barred from making such claims by the dispute resolution process outlined in the NFL's labor agreement, which also includes a provision barring lawsuits by players against the NFL. But Vilma's attorney, Peter Ginsburg, said the defamation claims focus "exclusively on statements Mr. Goodell has made publicly and outside the confines of the CBA." "Mr. Goodell cannot escape responsibility for those public statements based on an argument that statements in a different forum and in a different context might have avoided judicial scrutiny," Ginsberg said in an email. "Having the title of Commissioner' does not provide Mr. Goodell with a license to make the accusations and allegations he has made against Jonathan in public forums without facing the same scrutiny as other citizens." The Saints linebacker, whose suspension is effective immediately, wants the injunction so he may resume rehabilitating his left knee injury at Saints headquarters. Vilma is suspended for a season, Hargrove for eight games, Smith four and Fujita three. Vilma and Smith still play for New Orleans, while Hargrove is with Green Bay and Fujita with Cleveland. The NFLPA lawsuit said Goodell violated the league's labor agreement by showing he had pre-determined the guilt of players punished in the bounty probe before serving as the arbitrator for their June 18 appeal hearing. Two days ago, Goodell denied the players' appeals, and now the NFLPA is asking a judge to set aside earlier arbitration rulings and order a new arbitrator to preside over the matter. The NFL responded that the action is an "improper attempt to litigate" and said there is "no basis for asking a federal court to put its judgment in place of the procedures agreed upon with the NFLPA in collective bargaining." "These procedures have been in place, and have served the game and players well, for many decades," NFL spokesman Greg Aiello said in an email to The Associated Press. The NFL has said it found that former Saints defensive coordinator Gregg Williams ran a bounty program that paid improper cash bonuses for injuring opponents. Saints had coach Sean Payton has been suspended the entire 2012 season for failing to put a stop to it, while general manager Mickey Loomis has been suspended half a season and assistant head coach Joe Vitt six games. Williams, now with St. Louis, is suspended indefinitely and, according to the NFL, cooperating with the investigation. The players, however, have claimed they never sought or accepted rewards for injuring opponents. Fujita has said the NFL grossly mischaracterized what was an informal accountability program for teammates to reward one another for big plays such as sacks, forced fumbles and interceptions, something players on many teams have taken part in for years. Several current Saints defensive players who have not been punished, including safety Roman Harper and linebacker Scott Shanle, have publicly defended their current and former teammates, denying that any Saints player sought to do anything more than what they were already paid to do -- deliver clean hits as hard as they could. Some players have also suggested that Goodell's bounty punishments are part of an agenda to make the league look tough on player-safety matters in order to mitigate exposure to lawsuits filed by numerous retired NFL players who claim the league failed to educate them about or prepare them for many of the long-term physical ailments, including brain disease, that a pro football career can cause. "A seminal question for this court is whether the NFL collective bargaining agreement ... granted the commissioner, when serving as an arbitrator, the authority to disregard the essence of the parties' agreement, to conduct proceedings that are fundamentally unfair, and to act with evident bias and without jurisdiction," the lawsuit states. "The answer, under governing case law, is clearly no.' "The investigation and arbitration process that the Commissioner's public relations machinery touted as thorough and fair' has, in reality, been a sham," the lawsuit stated. The lawsuit said the NFL violated the labor agreement by refusing to provide players with access to "critical documents or witnesses, or anything resembling the fairness mandated by the CBA and governing industrial due process law." The suit also states that Goodell "launched a public campaign defending the punishments he intended to arbitrate, rendering him incurably and evidently biased." The NFLPA also reiterated a claim that the CBA requires much of the "pay-for-performance" conduct outlined in the NFL's bounty investigation to be handled by a system arbitrator and not the commissioner, who has "improperly usurped" control over that process. The NFL has argued that the bounty matter falls under conduct detrimental to the league, which the commissioner has authority to punish. Two arbitration rulings so far have ruled in the NFL's favor on that matter, but the NFLPA lawsuit says the NFL's handling of the bounty matter amounts to a "rare case" in which the arbitrators' previous rulings should be set aside. The union contends one arbitrator, Stephen Burbank, based his ruling on a statement that he saw his jurisdiction covering only improper payments made to players, but not the payments the NFL has said players made into the bounty pool. "This distinction cannot be justified by the CBA, nor can it override the fact that the NFLPA has never agreed to arbitrate these types of disputes before the Commissioner," the lawsuit said. Included with the 55-page lawsuit are 400 pages of exhibits, including about 200 pages of evidence that the NFL presented at the appeal hearing. The lawsuit notes that those documents represent a "sparse" sampling of the 18,000 documents totaling about 50,000 pages that the league said it compiled during its investigation. One exhibit is a sworn declaration from Duke Naipohn, a fatigue risk management specialist who was working closely with the Saints defense throughout the 2011 season. Naipohn said he attended most defensive meetings and never saw bounties placed on opposing players or saw Saints players rewarded for injuring opponents.

Morning Update: Dwyane Wade comes up clutch in close win vs. Kings

update-121.jpg
AP

Morning Update: Dwyane Wade comes up clutch in close win vs. Kings

Dwyane Wade gets a little help but saves the day defensively vs. Kings

Sunday on CSN: UIC travels to Valparaiso

One-goal victories are great but Blackhawks’ method has to change

Bears numbers don't indicate 3-13, yet still lie

Road Ahead: Blackhawks play three home games before All-Star break

Blackhawks acquire Michael Latta from Kings in swap of minor leaguers

Phillips DT Chris Elmore commits to Syracuse

Dwyane Wade gets a little help but saves the day defensively vs. Kings

Dwyane Wade gets a little help but saves the day defensively vs. Kings

It was a gift and the Bulls weren't going to look it in the mouth as Dwyane Wade was poised to finish off another one of his sterling defensive plays with a breakaway dunk with the game tied and Arron Afflalo and DeMarcus Cousins trailing.

Lightly touched by the small of his back by Cousins, Wade miscalculated his liftoff and missed the dunk but was bailed out by the refs for a foul with 14 seconds left.

Then, he bailed the Bulls out.

Wade had his fifth fourth-quarter defensive play, stripping Cousins on a steal on the ensuing possession with the Sacramento Kings having a chance to win, leading to a Michael Carter-Williams dunk and finishing a 102-99 win Saturday night at the United Center.

It was a clock-turning performance for Wade on both ends of the floor, even if his missed dunk is a reminder that he is 35 years old. 

"I took off too far as I look at the instant replay," Wade said. "I should've took maybe one more dribble. Can't say I felt 35, I just took off too far (laughs). But hey, sometimes you get calls, sometimes you don't. I'm a person who hasn't gotten a lot all year so I'm not gonna apologize for nothing."

Stripping Cousins on his spin move was the finale, but he swatted an Arron Afflalo corner triple in the fourth, smothered Ty Lawson at the rim twice for blocked shots to end the third and tortured Lawson again in the fourth for another steal that led to him following up a Jimmy Butler missed layup with a follow and foul.

"Just a read," said Wade on stripping Cousins. "We knew he was gonna go to DeMarcus at that point. Once we forced him left, I knew he had to come back to the right hand. And being in the right place at the right time, the ball was right there for me."

Wade played like a desperate and motivated man, putting up 30 with six rebounds and four assists on the second night of a back-to-back is proof positive he took Friday's loss to Atlanta personally and used his play to back up those feelings.

He took to twitter to apologize for the poor effort against the Hawks, producing his best all-around performance as a Bull.

"We've been good in desperate moments," Wade said. "We haven't been good in non-desperate moments, when we win three in a row or playing a team that we should beat. But (in) the desperate moments I like us."

He scored 13 in the fourth, along with the last of his four blocked shots and all three of his steals took place in the final 12.

"I thought he was terrific," Bulls coach Fred Hoiberg said. "He was aggressive all game long, taking the ball to the basket, getting to the line 15 times. He came up with two big plays."

Hoiberg threw out different lineups and rotations, playing Paul Zipser as a sixth man and having the second-round draft pick close the game. Zipser took advantage, hitting three triples and scoring 13 points.

"I thought it was night and day from last night," Hoiberg said. "Our energy was really good all night long. We got just enough stops to find a way to win."

Cousins dominated the game with 42 and 14 rebounds in 35 minutes, the only Kings player in double figures all night.

"He was pretty much unguardable for the majority of the game, Taj did a solid job on him," Hoiberg said. "When Robin was on him, they put him on the perimeter and let him shoot threes. He's a monster."

Back-to-back triples from Cousins gave him 40 and tied the game at 97, as a third one rimmed out with a little under two minutes left.

Cousins dominated the start of the third quarter, hitting midrange jumpers over Lopez and taunting the Bulls bench after hitting a jumper to put the Kings ahead, 70-63 midway through the third.

But the Bulls stayed close, with Hoiberg choosing to sit Rajon Rondo for the second half after playing him six minutes in the second quarter, using Wade as a point guard and going with Carter-Williams for defense, along with Zipser, who didn't look scared of the moment.

"I like the wrinkle coach put in there, putting him in early," Wade said. "He gave him an opportunity and he helped us big time."

Butler scored 23 with seven assists and five rebounds in 39 minutes, didn't have to play the hero for once and made fun of Wade's apology tweet.

"He was due for a big night," Butler said. "He can tweet again if he can come out again and give us 30 and some big steals and big dunks."

"I think that's what called of him, to score baskets and guard. It's kinda sneaky. You never really expect it until it happens."

It looked like the worst was over when the Bulls made a short run to end the third, surviving the onslaught from Cousins — and surviving their own experimenting with Zipser instead of going with Denzel Valentine, switching things up altogether.

But the tone was set by the leaders, who can only manufacture but so much urgency on a nightly basis.

"I like this team when we're desperate," Wade said. "A desperate team, we're not bad."