NFL agent Drew Rosenhaus’ $516,415 NFLPA arbitration award against ex-client, Redskins WR DeSean Jackson, was vacated by a federal judge late Friday afternoon. U.S. District Judge Michael Fitzgerald in a written decision vacated the award on the grounds that Jackson should have been told that the NFLPA arbitrator, Roger Kaplan, had worked for and was paid by Rosenhaus, in a separate arbitration, involving a dispute with one of his former employees. Jackson was required to have his dispute with Rosenhaus heard by an NFLPA arbitrator, under union regulations. However, he objected when he found out that Kaplan was being paid a fee of $140,000 to work for Rosenhaus in his dispute with former Rosenhaus Sports employee Danny Martoe. “Jackson has met his burden to show evident partiality,” Fitzgerald wrote. “Kaplan received additional income from Rosenhaus in a manner that was highly unusual and Kaplan was on notice of -- but failed to disclose or at least further investigate -- facts reasonably giving the impression that Kaplan might be partial to Rosenhaus in the present and future arbitrations.” In his order, Fitzgerald noted that it was “not meant as a criticism of Kaplan,” and that he had previously rejected Jackson’s argument that there was evidence of actual bias. “Given Kaplan’s unique position in professional football, it is quite unlikely that Kaplan was or would be influenced by any additional income bestowed by Rosenhaus,” Fitzgerald wrote. “Rather, the Martoe arbitration and any future arbitrations probably seemed to Kaplan a favor done to the NFLPA, which had consented to assume jurisdiction for the sole purpose of advancing the clearly stated agreement of the parties. But that is not the issue. Even if Rosenhaus had given Kaplan a birthday present of a luxury car, the Court doubts Kaplan would have been influenced, but no one would argue that the car should not have to be disclosed.”
ANOTHER ARBITRATOR COULD BE BROUGHT IN: David Dickieson, one of Rosenhaus’ attorneys in the case, said, in a statement to THE DAILY, that he expects the dispute will be heard by another arbitrator and that the judge did not make any findings about Rosenhaus himself. “The federal judge concluded that the NFLPA arbitrator should have disclosed to Jackson facts that could give ‘an impression’ of partiality favoring Rosenhaus,” Dickieson said in a statement. “The federal judge emphasized that Jackson failed to demonstrate any ‘actual’ impartiality or bias by the NFLPA arbitrator. Nor did the federal judge find that the award of $516,415 was incorrect or that Rosenhaus had done anything improper. Instead, the federal judge vacated the award due to the NFLPA arbitrator’s did not disclose facts that could give an impression of partiality. Vacating the award does not end the legal dispute. We expect the case to be sent back to the NFLPA for a rehearing with a different arbitrator and we expect that the different arbitrator will again recognize that DeSean Jackson will be required to repay the Rosenhaus loan with interest.” Rosenhaus is represented in the case by Dickieson, a partner in DC-based Schertler & Onorato, LLP; and Darren Heitner, an attorney and writer. Jackson is represented in the case by William Quinn, a partner in the national law firm Morgan Lewis; and Steve Feldman, an attorney and NFL agent. “Bill Quinn and I are thrilled by the decision,” Feldman said. “This may provide us with another bite at the apple before a neutral arbitrator. This case should never gone forward in front of Roger Kaplan for the very reasons the court found.” Kaplan declined comment on the decision.
WHERE IT ALL STARTED: The dispute between Rosenhaus and Jackson goes back to '13, when Kaplan ruled that Jackson must pay his former agent $516,415. When Jackson failed to pay it, Rosenhaus first sued Jackson in federal court in L.A. and Jackson countersued. In vacating the award, Fitzgerald also denied Rosenhaus’ petition to confirm the arbitration award.
