Location: Where Lake Pontchartrain used to be separated from Cypress Swamp
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Wait... breaking news... I think Freeman actually said something smart
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Albert Breer@AlbertBreer
Exactly ... RT @realfreemancbsScary part for NFL: if case isn't thrown out early, Vilma could potentially start discovery phase.
and that... I believe... is what we all want... the discovery phase which is where all the NFL's evidence for the suspensions will have to come out
Goodell has filed the motion to dismiss. I am traveling so I can't post it yet.
But it appears to be two sections. The first is the jurisdictional argument we anticipated - and in two parts: preemption by federal labor law and exclusivity of remedies in the CBA.
The second section is about certain pleading requirements for defamation. In other words, Vilma allegedly failed to plead actual malice.or outrageous conduct.
Indeed. If this gets passed the dismissal, I think we'll finally start to get to the truth of the matter. Still afraid this will be dismissed, though.
The 9th court will eat Vilma alive. I imagine if this gets passed the dismissal, Goodell will do everything he can to have that dismassal reversed by the 9th court before we even sniff the truth.
Location: Where Lake Pontchartrain used to be separated from Cypress Swamp
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The response from Vilma's lawyer...
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Vilma's lawyer, Peter Ginsberg, said in an email following Goodell's filing: "We look forward to the time when the legal maneuverings end and we can finally address the merits of the Commissioner’s public -– and erroneous -– accusations against Jonathan.
"As Williams Gladstone, the British scholar, said, 'Justice delayed is justice denied.' Jonathan deserves justice and the commissioner should answer for what he has done to Jonathan. Simply because the commissioner's attorneys can file motions, and delay the defamation claims from proceeding at the moment, does not mean it is the proper way to proceed. Jonathan, the NFL, its fans, and all of its players, deserve a transparent and open airing of this serious situation."
Location: Where Lake Pontchartrain used to be separated from Cypress Swamp
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A couple things the NFL is going after...
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Jason La Canfora@JasonLaCanfora
NFL argues that the "no-suit" provision in the CBA bars players from suing the league in its motion to dismiss the Vilma suit
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daniel kaplan@dkaplanSBJ
NFL says Vilma's refusal to meet w/ investigators undercuts his "actual malice" argument
To me, Vilma refused to meet with the NFL because of the actual malice shown by Goodell. I guess I'm not following their reasoning on that one. Once someone has shown to be not operating on good faith and truthfully I am much less likely to have anything further to do with their proceedings.
__________________ "I know this town is craving a winner, and they're going to get one." - Drew Brees in March, 2006
Indeed. If this gets passed the dismissal, I think we'll finally start to get to the truth of the matter. Still afraid this will be dismissed, though.
And now Vilma has filed an amended complaint in his defamation lawsuit.
So I've read everything up through NFLPA v. NFL. Dearly would like to read all the defamation filing stuff, including the two things that came out today. Anyone can hook me up with a copy I would love it. I don't like reading other people's spin. I like reading things myself.
Since superchuck is away from a computer I thought I'd upload the interesting things filed in the case today. So, for your reading enjoyment is the NFL's brief on its motion to dismiss, the NFL security report (the only interesting exhibit attached to the brief) and an amended complaint filed by Vilma after the motion to dismiss was filed.
I haven't read any of them so I can't comment. But, I'd be surprised if there is anything in there beyond the stuff mentioned by superchuck. As for the motion to strike portion of the brief I imagine it is some technical failure by Vilma's lawyer and that is why he filed an amended complaint. Not sure on that part as I haven't read any of it yet.
And now Vilma has filed an amended complaint in his defamation lawsuit.
So I've read everything up through NFLPA v. NFL. Dearly would like to read all the defamation filing stuff, including the two things that came out today. Anyone can hook me up with a copy I would love it. I don't like reading other people's spin. I like reading things myself.
Ask and you shall receive. Let me know if there is anything else you want.
Since superchuck is away from a computer I thought I'd upload the interesting things filed in the case today. So, for your reading enjoyment is the NFL's brief on its motion to dismiss, the NFL security report (the only interesting exhibit attached to the brief) and an amended complaint filed by Vilma after the motion to dismiss was filed.
I haven't read any of them so I can't comment. But, I'd be surprised if there is anything in there beyond the stuff mentioned by superchuck. As for the motion to strike portion of the brief I imagine it is some technical failure by Vilma's lawyer and that is why he filed an amended complaint. Not sure on that part as I haven't read any of it yet.
I'm only through page 7 of 33 so far of the amended complaint from Vilma... but so far it's a great break down of the actions that have taken place from the beginning of the original allegations from the NFL.
On a side note... I'm more concerned with this getting past a motion to dismiss than I am on Vilma actually winning the lawsuit. It's very hard to win a defamation lawsuit when you're a public figure... but he could easily "win" in the eyes of the public yet still lose the defamation lawsuit if we get to finally hear testimony from Hummel, Cerullo, coaches & players, as well as actually see all of the "evidence" the NFL has.
Plus, if all the information gets out that the majority of Saints' fans believe the NFL actualy did here... that's bad news for the NFL. The former players could use that as further evidence of cover-ups by the NFL and help them win the concussion lawsuits. And I'd be happy with that as well. **** Goodel and **** the NFL.
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