Deshaun Watson Off the Field Thread v3: 11 games, $5M

[Lee]

Of course. but i doubt it happens.

I see the NFL asking for the year indefinite suspension, and goodell deciding on something less as "proof" to the NFLPA that he actually is willing to listen to both sides.

I am starting to think this might be the outcome too

 

[Jscc]

What? Robinson was jointly-appointed, a former federal judge, and with more experience in law years than this season's rookies have been alive. The NFL just told her there are two interpretations of those same words and hers are wrong. Are we expecting an appeal arbiter to think more like the NFL than like Robinson?

 

[Expensive Jet]

So the NFL gets what they originally leaked that they wanted*, 12 games and a hefty fine

*in settlement talks

 

[Sebastian]

What? Robinson was jointly-appointed, a former federal judge, and with more experience in law years than this season's rookies have been alive. The NFL just told her there are two interpretations of those same words and hers are wrong. Are we expecting an appeal arbiter to think more like the NFL than like Robinson?

Adding a couple or four games to the suspension would not really discredit her.

Her own judgement veered between saying Watson was awful, but precedent for non-violent offenders was only three games.

She created wiggle room for either a moderate expansion of the suspension, or even a decrease.

 

[southernflyer]

So the NFL gets what they originally leaked that they wanted*, 12 games and a hefty fine

*in settlement talks

12 games really screws DW out of the year of service for his contract. It screws the Browns, too, but not as much as personally to DW. The fine amount would be very interesting how it is formulated.

 

[jmuxl]

Jerry Jones and company are probably livid right now.

 

[winner0274]

Called this shit on page 1.

 

[CLEtoNYC]

I'm so tired of this shit. The league needs to take responsibility for its own lack of clarity and double standards vs. trying to make a brand-centered moral stand at this point. Hard to enjoy football right now.

 

[Ohio]

He lost a year from his career due to his choice/refusal to play for the Texans. That isn't a punishment from the NFL, that is a choice he made himself.

If he tried to play he would have been immediately placed on the exempt list.

I kinda hope this gets super messy and nfl owners get their dirty laundry aired out in court even if it means Watson is suspended for the year

It won't get to this point, but if the NFL is stupid enough to attempt to suspend him for the year, Watson and the NFLPA should and would absolutely burn it all down.

 

[WellYouNeednt]

Perhaps Goodell and the White owners can simply throw “lashings” on to the punishment as well?

With many willing to quit the Browns over Watson, feel it’s fair I simply quit the NFL after this charade….why are you even involved in this legal nonsense?

MLS season and playoffs upcoming
Euro soccer starts this weekend
Guardians hanging in there
NBA season start
Winter World Cup 2022

LOTS of competition for my eyeballs, and NFL games being predominantly in direct conflict with youth sports, makes this a pretty easy call. If it wasn’t fantasy with the bros, would have stopped paying attention ages ago…

 

[Ohio]

Called this shit on page 1.

No, you didn't. And even if you did, nobody cares.

 

[bleedwineandgold03]

This is bananas what a shit show.

 

[CBBI]

I am going to address the folks treating the CBA as ironclad and that the NFLPA has no chance or that they have zero grounds or merit in a lawsuit, or are reading articles from lawyers saying the NFLPA has no chance:

As a matter of law that assumption is incorrect. CBAs are constantly challenged in court and lawsuits have been successful in the past and there is never "no chance." In particular discrimination lawsuits have been successful (though have a different legal test).

CBAs, and processes and outcomes coming from them, can absolutely be challenged.

But first I want to say this: Any lawsuit that is appealing an increase the suspension from like six to eight, or ten games, is probably wasting their time unless it has definitive proof of something corrupt. However, if Goodell comes down with a year, or indefinite, that is completely different because Courts in the past have shown much deference to the decision of the Arbitrator. Much will turn on why Goodell changed Robinson's finding so drastically (if he does).


Generally speaking of employment law case law, a ruling from a CBA will prevail, and the Courts will defer to it, unless the plaintiff can demonstrate that the decision by the arbitrator, or the final appeal authority, was 1) Not properly followed, that is a meaningful defect in the decision-making process 2) The process was corrupt or fraudulent, that is to say it was pre-ordained or imposed for reasons outside the scope of the case, 3) Is outside the scope of basic principles of the law, or lies well outside the scope of the intent the parties agreed to in the CBA. 4) Is a punishment so outside the scope of the norm as to constitute an undue burden.

And I will add another, not based on case law, but a feature of the CBA itself because of the clause that the owners and players must receive equal treatment and held to the same standard 5) That the punishment is so onerous and unprecedented that it can be categorized separate treatment than that imposed on other players or owners in similar situations and violates the CBA.


Now it is interesting because Robinson's finding gives both the NFL and Watson something to stand on. The NFL can stand behind Robinson's finding, according to Law360:


Robinson found that despite Watson's denials, the league met its burden of showing that he intentionally made sexual contact with the women and that he knew it was unwanted. She said that fit the league's definition of sexual assault as "unwanted sexual contact with another person," and that the NFL also carried its burden of showing he violated personal conduct policy prohibitions against conduct that threatens the safety of another person and that undermines the NFL.



However, within her ruling is also a kernel upon which the NFLPA can make a case, based on my point 5), and if they have evidence, Goodell in overruling Robinson is grounds for a determination based on the merits on points 2), 3) and 4).


However, Robinson noted that the NFL itself characterized its punishment of an indefinite suspension of at least a season as "unprecedented." She said players accused of violent acts have generally received six-game suspensions and that the allegations levied against Watson do not fall into that category.

Players accused of nonviolent acts have received at most three games, Robinson said, and that it would be unfair to dramatically increase the punishment for such conduct without warning. She said six games was appropriate given the egregious nature of the allegations and Watson's "lack of expressed remorse."

In a footnote, Robinson also cited the NFLPA's argument that it would be unfair to severely punish Watson for violating the personal conduct policy when team owners, who are also subject to the rules, have escaped punishment for "similar or worse conduct."

I respect the time and the effort you've put into this. You wrote a lot, made salient points and clearly have an understanding of the law, but - and I mean this with the utmost respect because you're an excellent poster - you're smoking the hopium here in a big way. And giving other posters false hope about this process playing out in a positive way for Watson (and by extension the Browns) is borderline inappropriate IMO.

I think deep down, as well versed on these things as you clearly are, you're very aware that the odds of this going well for Watson is remarkably slim to the point of being negligible.

 

[red.]

 

[InBoobieWeTrust]

So if this goes to court he could file a temporary restraining order against the league and start the season right?

Only if a judge agrees to grant that. He could just as easily have his 6 game suspension start while this is all sorted out.