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Kaepernick's Collusion Case Against NFL Will Move To Full Hearing

Kaepernick's grievance now will likely go before arbitrator Stephen Burbank this yearGETTY IMAGES

In a "major blow" to the NFL, Colin Kaepernick achieved a "preliminary but important win in his case accusing the league of colluding to keep him off the field because of the player protests during the national anthem that he instigated," according to Ken Belson of the N.Y. TIMES. The ruling, essentially "granting a full hearing on the dispute, keeps alive a case that the NFL desperately wanted to go away." The arbitrator, Stephen Burbank, said that lawyers for Kaepernick had "unearthed enough information in the past year for the case to proceed to a full hearing" (N.Y. TIMES, 8/31). PRO FOOTBALL TALK's Michael David Smith cited a source as saying that "further discovery is expected, meaning Kaepernick and his attorney Mark Geragos will have more opportunities to gather information about any dealings inside the league that left to Kaepernick being kept out." The case now appears "set to move toward a hearing where NFL owners will be forced to testify about what they’ve directed their teams’ personnel departments to do with Kaepernick." Although Burbank’s ruling "applied only to Kaepernick and not to his former teammate Eric Reid, who is also alleging the owners have colluded to keep him out, it’s good news for both players and bad news for the league, which was hoping it could put Kaepernick’s case behind it" (PROFOOTBALLTALK.com, 8/30).

THE NEXT STEP: SI.com's Michael McCann noted Burbank’s ruling means that, "absent a negotiated settlement between Kaepernick and the NFL, Kaepernick’s grievance will proceed to a trial-like hearing before Burbank later this year." Burbank’s ruling also "indicates that all 32 teams remain parties in the grievance." This is a "subtle but potentially groundbreaking point since if Burbank finds that 14 or more teams engaged in collusion, the NFLPA could acquire the option of terminating the collective bargaining agreement" (SI.com, 8/30). THE ATHLETIC's Tim Kawakami noted this "doesn’t mean that Kaepernick is guaranteed to win anything -- the burden of proof at this stage was greater for the NFL, seeking a summary judgment, than for Kaepernick." But in the next stage, the "burden will shift to Kaepernick to prove the collusion." At a trial, which "possibly will be held during the season, you can be assured that owners, coaches and executives will be called to testify." President Trump could be asked to "give a deposition." Kawakami: "You never know what could come out of these situations, and NFL owners and executives have proven quite capable of blurting out incriminating details in the most public moments" (THEATHLETIC.com, 8/30). NBC Sports Bay Area's Steve Moskowitz said the ruling is "no big deal," as there is "still a long, long way to go" ("The Happy Hour," NBC Sports bay Area, 8/30).

NO ESCAPE: PFT's Mike Florio said the NFL owners "don't want to submit to anyone's authority other than their own." Florio: "Between the owners and the commissioner, they're going to have to go in, sit down, answer aggressive questions and they're going to have to hope that, number one, they tell the truth, and number two, there is a way to position the truth in a way that comes to the conclusion that there was no collusion” (“PFT,” NBCSN, 8/31).

TIME TO OPINE: PRO FOOTBALL TALK's Florio wrote Burbank’s ruling "surely burst a bubble of hubris regarding the league’s belief that Kaepernick’s case lacked merit" (PROFOOTBALLTALK.com, 8/30). DEADLINE.com's Dominic Patten wrote this "can only be viewed as the legal equivalent of a touchdown" for Kaepernick (DEADLINE.com, 8/30). YAHOO SPORTS' Charles Robinson wrote this is the "most tangible victory thus far" for Kaepernick and his legal team (SPORTS.YAHOO.com, 8/30). In N.Y. Carron Philips writes the ruling is a "huge victory" for Kaepernick (N.Y. DAILY NEWS, 8/31). In San Jose, Jon Becker writes the NFL "suffered a stunning blow" (San Jose MERCURY NEWS, 8/31). ESPN's Sarah Spain called the ruling a "big loss for the NFL." ESPN’s Jason Fitz said the "most damaging part is that, by going to trial we are going to find out legitimate answers," which "has to be the NFL's biggest concern." The league keeps "so much guarded in secrecy so we don't know the dirty little secrets of how they do business” ("Golic & Wingo,” ESPN, 8/31).

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