Are the Redskins about to take
the drastic step of suing their partners?
According to the Washington
Post, the
Redskins have let it be known to some around the league that they are
considering taking the league to court in order to have all or part of their
$18 million salary cap penalty overturned. They may ask a judge for an
injunction to block the scheduled May 12 start of free agency until the salary
cap matter has been settled.
Mike Shanahan and Bruce Allen
have let it be known in recent months that the team still intended to fight the
cap penalty but no details were given. Until today, there was no indication
that they would take the most drastic measure available, to use amounts to the
nuclear option.
There are pitfalls in suing a
league of which you are a member. In 1980 Al Davis sued the NFL to move his
Raiders from Oakland to Los Angeles. He won the antitrust suit and moved the
team to the LA Coliseum in 1982. He spent the rest of his years as an outcast
among NFL owners. When he wanted improvements to the LA Coliseum and, after he
moved the team back to Oakland in 1995, the Oakland Coliseum, he got precious
little support from the league.
The possibility of strained
relations with the other owners would be the risk the Redskins would be taking
by going to court against the league. Even if they win there could be
ramifications that last for decades and end up being more costly than what
might be gained by winning the ability to spend an additional $18 million in
player salary.
At this stage this appears to
be a trial balloon the Redskins are floating around the league to see what the
reaction might be. Undoubtedly, their hope is to avoid going to court
altogether. The best possible outcome would be for them to convince the league
that they have a real shot at winning an injunction and that it would be best
to settle and restore all or part of the Redskins’ cap money rather than having
free agency delayed indefinitely.
What kind of chance would the
Redskins have? It’s hard to say. On the one hand it’s pretty clear that by
spending freely during the uncapped 2010 season the Redskins chose not to be
bound by a “secret” salary cap that was illegal and amounted to collusion by
the other NFL owners. If the judge agrees, an injunction stopping player
signings could be issued on the basis that the Redskins would be irreparably
harmed by the start of free agency while their case was under adjudication.
On the other hand, the players’
union agreed to the sanctions and the Redskins may not have a legal right to do
anything about it.
The truth of the matter is that
when you go to court you never really know what is going to happen. If the case
does go to trial, the only guaranteed winners are the lawyers for both sides,
who will be putting in hundreds, if not thousands, of billable hours into the
case.
It’s expense and fear of the unknown that
causes all kinds of cases, both criminal and civil, are settled before going to
trial. That is why the league may want to make a settlement offer to the
Redskins and why the team might be willing to accept getting, say, half of its
cap space back.
The Redskins may not yet have
directly threatened to take the league to court just yet. But if they do say
they are going to do it, they had better not be bluffing. If they cave quickly they
would look weak and their credibility and standing in the league would be
seriously and irreparably damaged.
It doesn’t look like they have
crossed the point of no return. But if they do, there will be no going back. They
will have to be prepared to take the case to its conclusion no matter how
unpleasant things might get along the way.