Johnson was suspended for 10 games in '15 for the use of performance-enhancing substancesgetty images
Eagles OT Lane Johnson is asking a federal court judge for a jury trial against the NFLPA in which he will seek monetary damages, including punitive damages, for the union's failure to provide him with copies of the CBA he requested. U.S. Circuit Court Judge Richard Sullivan earlier this month found Johnson stated a "plausible claim for relief based on a violation" of the Labor-Management Reporting & Disclosure Act because the NFLPA did not give him side agreements to the '15 CBA policy on performance-enhancing substances under which Johnson was punished with a 10-game suspension. Sullivan denied Johnson's request to vacate the suspension, but directed all the parties to submit a joint letter by Thursday regarding the proposed next steps in the litigation. The NFLPA in the letter stated, "In an effort to bring this litigation to an end, the NFLPA (on Oct. 16) produced to Johnson a complete copy of the 2015 Policy and all agreements that modified the 2015 Policy." The union said its position is that Johnson's claim is now "moot" because the entire CBA policy under which he was punished in '16 has now been produced. However, Johnson said the issue was not moot, stating, "Even with the NFLPA’s October 16 production, the NFLPA still has not provided Johnson the entirety of the subject collective bargaining agreement." Additionally, Johnson argued in the letter that if the court were to "moot" the claim, it would allow unions in the future to fail to provide employees with portions of CBAs under which they are being punished at the time they are being punished. Johnson is asking for more discovery on the matter as well as a jury trial. The NFLPA is asking for a stay on discovery and summary judgment in favor the union, now that it has produced the documents Johnson requested. The NFL, in the letter, is asking Sullivan to dismiss the case.
