WEBVTT

1
00:00:00.090 --> 00:00:03.135
What can Kaepernick gain and the NFL lose in this case? 

2
00:00:03.135 --> 00:00:07.419
Well Kaepernick can gain the possibility of 

3
00:00:07.489 --> 00:00:11.079
winning a lot of money in damages. If it goes to trial and 

4
00:00:11.079 --> 00:00:15.199
he's able to establish by clear, convincing evidence that 

5
00:00:15.199 --> 00:00:17.779
there was collusion against him, he would be awarded 

6
00:00:17.809 --> 00:00:20.809
compensatory damages which would reflect whatever he 

7
00:00:20.809 --> 00:00:23.989
would have gotten, had he been signed and not victimized 

8
00:00:23.989 --> 00:00:26.019
by Collusion, assuming he can show that he was colluded 

9
00:00:26.019 --> 00:00:29.899
against. But in addition, he could get non- compensatory 

10
00:00:29.899 --> 00:00:32.224
damages, which are really punitive damages, which would 

11
00:00:32.224 --> 00:00:35.189
be double compensatory. So he'd be getting three times 

12
00:00:35.489 --> 00:00:38.689
whatever he would have received. Which means if he 

13
00:00:38.789 --> 00:00:41.609
would have sign an $ 8 million contract, he'd get 24 million. 

14
00:00:41.909 --> 00:00:45.259
In damages, so he could get a lot of money, but I think any 

15
00:00:45.259 --> 00:00:49.259
would argue that he's motivated more by his sense of 

16
00:00:49.449 --> 00:00:53.424
social justice and that he wants to expose the NFL, that in 

17
00:00:53.424 --> 00:00:56.589
his view has worked against him and other players that are 

18
00:00:56.619 --> 00:01:00.639
taking stands on social issues. The NFL of course has to 

19
00:01:00.639 --> 00:01:03.709
be mindful of this and decide whether it wants to proceed 

20
00:01:03.769 --> 00:01:06.760
or whether it wants to try to cut a deal. And, Michael, a lot of 

21
00:01:06.759 --> 00:01:09.169
people have been talking about the possibilities of potential 

22
00:01:09.169 --> 00:01:12.519
CBA termination coming from this case. How do you see it 

23
00:01:12.519 --> 00:01:16.429
unfolding? Yeah, Madeline, I mean the reality is that I think 

24
00:01:16.429 --> 00:01:20.139
it's extremely unlikely to happen, for a variety of reasons. 

25
00:01:20.439 --> 00:01:25.139
But one is that even if Kapernick can show the requisite 

26
00:01:25.389 --> 00:01:28.899
colluding, which would require 14 or more teams being 

27
00:01:28.899 --> 00:01:31.689
part of a conspiracy against him, rather than just a few 

28
00:01:31.689 --> 00:01:35.729
teams. If he could show that and the NFL PA was 

29
00:01:35.729 --> 00:01:38.759
given the right to terminate the CVA, the NFL PA would be 

30
00:01:38.759 --> 00:01:42.019
taking a chance doing that because If the player's 

31
00:01:42.019 --> 00:01:44.979
association terminates the CBA they would then try to 

32
00:01:44.979 --> 00:01:49.169
negotiate a new CBA with the league. And it's not clear 

33
00:01:49.189 --> 00:01:52.449
that the union has thought through what it's strategies 

34
00:01:52.539 --> 00:01:55.349
would be and wheather they would land in a better place. I 

35
00:01:55.349 --> 00:01:57.759
mean there's a possibility they could try to negotiate a new 

36
00:01:57.759 --> 00:02:01.509
CBA. And it's worse for the players. And remember the 

37
00:02:01.509 --> 00:02:04.479
owners of course are billionaires right? They could go 

38
00:02:04.479 --> 00:02:06.599
without games being played. They're not really worried 

39
00:02:06.599 --> 00:02:10.209
about a player strike. So they maybe a right that is unlikely 

40
00:02:10.429 --> 00:02:13.911
to surface and even if it did I'm very skeptical that the NFL 

41
00:02:13.911 --> 00:02:17.209
PA would invoke it. Now Micheal, this is obviously a step 

42
00:02:17.209 --> 00:02:20.899
forward but quickly how long could this drag out? My 

43
00:02:21.079 --> 00:02:24.569
expectation is that, if there is a trial, it will happen before the 

44
00:02:24.569 --> 00:02:28.039
end of the year. And then there would be some period of 

45
00:02:28.039 --> 00:02:30.949
weeks before there is a decision, in all likelihood. So, we 

46
00:02:30.989 --> 00:02:35.049
could be looking at into next year or early next year. 

47
00:02:35.049 --> 00:02:37.299
But it really could go beyond that as well, because the 

48
00:02:37.299 --> 00:02:40.969
losing side That then petition of federal judge to vacate 

49
00:02:41.309 --> 00:02:45.159
arbitraitors stealing Burbank's award, not would then triger 

50
00:02:45.359 --> 00:02:49.639
its own trajectory which would involve federal courts. That 

51
00:02:49.639 --> 00:02:53.529
could last additional weeks, or months. So this could go 

52
00:02:53.529 --> 00:02:56.749
well in to next year, as we know from the [ UNKNOWN ] 

53
00:02:56.749 --> 00:02:59.819
Once you start challenging and going to court, it could take 

54
00:02:59.999 --> 00:03:01.469
years to play out, but unlikely to happen 