More legal moves made in Saints' bounty case

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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.

Dax McCarty named to U.S. national team roster for Gold Cup

Dax McCarty named to U.S. national team roster for Gold Cup

After the Chicago Fire's 4-0 win against Orlando on Saturday, midfielder Dax McCarty said his goodbyes to his teammates and got an extra handshake and a good luck message from coach Veljko Paunovic.

That's because McCarty was preparing to leave the Fire to join the U.S. national team for the upcoming Gold Cup, CONCACAF's regional tournament. McCarty was named to the 23-man roster that will take place in the tournament, which runs from July 7-26.

The U.S. will play against Ghana on July 1 in a tune-up. Fire winger David Accam will be a part of that Ghana team and is also away from the Fire. McCarty and Accam will both miss the U.S. Open Cup game in Cincinnati on Wednesday and the MLS game against Vancouver the same day as that friendly.

MLS is taking a break during Gold Cup group play, but will resume as the knockout round begins. If the U.S. gets to the semifinals, McCarty would miss three MLS games (July 1 vs. Vancouver, July 5 at Portland and July 22 vs. New York City FC). He would also miss a potential Open Cup quarterfinal if the Fire beat FC Cincinnati.

McCarty has been called in regularly under coach Bruce Arena, but has only played in friendlies. With the Gold Cup drawing mostly from MLS players, with European-based players getting a break during the club offseason, McCarty could see more playing time.

Fire right back Matt Polster was also included on the preliminary roster, but was not on the final 23-man roster. Former Fire goalkeeper Sean Johnson was also on the team.

Here is the full roster:

GOALKEEPERS (3): Brad Guzan (Atlanta United FC), Bill Hamid (D.C. United), Sean Johnson (New York City FC)

DEFENDERS (8): Matt Besler (Sporting Kansas City), Omar Gonzalez (Pachuca, Mexico), Matt Hedges (FC Dallas), Eric Lichaj (Nottingham Forest, England), Matt Miazga (Chelsea, England), Justin Morrow (Toronto FC), Jorge Villafaña (Santos Laguna, Mexico), Graham Zusi (Sporting Kansas City)

MIDFIELDERS (9): Kellyn Acosta (FC Dallas), Paul Arriola (Club Tijuana, Mexico), Alejandro Bedoya (Philadelphia Union), Joe Corona (Club Tijuana, Mexico), Dax McCarty (FIRE), Cristian Roldan (Seattle Sounders), Kelyn Rowe (New England Revolution), Kenny Saief (Gent, Belgium), Gyasi Zardes (LA Galaxy)

FORWARDS (3): Juan Agudelo (New England Revolution), Dom Dwyer (Sporting Kansas City), Jordan Morris (Seattle Sounders)

Carlos Rodon to make season debut for White Sox this week

Carlos Rodon to make season debut for White Sox this week

Carlos Rodon’s next start will be with the White Sox.

The 24-year-old southpaw will make his season debut this week, though manager Rick Renteria didn’t give a definitive answer on when it’d be. But he’s likely lined up to pitch Wednesday or Thursday against the New York Yankees.

“I haven’t played here all year,” Rodon said. “I’m going to be a little geeked up and ready to go. Plus I get to face the Yankees, a good team, good swinging bats there.”

Rodon, who has been on the DL with bursitis in his left shoulder since the start of the season, has been sorely missed for a White Sox rotation that’s struggled mightily over the last month. White Sox starters have a 5.32 ERA in their last 30 games with only six quality starts.

Renteria said he’s hoping Rodon can bring some stability.

“We’re glad he’s healthy, we’re glad he’s back,” Renteria said. “We’re hoping he could kind of calm the waters a little bit in the rotation a little bit once he gets to his spot. He’s been down a while so hopefully he can settle into his role quickly, be effective and help us our moving forward.”

His numbers in three rehab starts in Triple-A Charlotte weren’t all that great, but in his final one on Friday, he struck out seven batters and threw 91 pitches. Rodon said that he felt comfortable with his pitches and that his slider was back with an increased velocity.

The only thing that’s left to do is go out and pitch.

“A lot of these guys, once they get back up to where they should be I think they feel a little bit more comfortable up here,” Renteria said. “They’re adrenaline is gonna be a little high. Hopefully it works to his advantage.”