Preliminary Injunction Granted **merged**



Heres the full memorandum. The full injunction was awarded. Can a mod please edit the title to reflect this?


Oh, man, definitely read through this. The Judge rakes the NFL over the coals.

From page 8:

Thus, the Court finds, the NFL further sought to ensure that the NFLPA and Elliott would never find out about Roberts’s opinions by arguing that her testimony would be cumulative of Friel’s and unnecessary in the arbitration.5 (Dkt. #1, Exhibit 58). While the last effort failed, the NFL’s initial efforts to stop the NFLPA and Elliott from learning of the relevant evidence of Roberts’s opinions were successful. The NFLPA and Elliott were unable to present this relevant evidence and instead unexpectedly learned this at the end of the second day of arbitration. The NFL’s breach of the CBA is only compounded by Henderson’s breach of the CBA. Specifically, Henderson denied access to certain procedural requirements, which were necessary to be able to present all relevant evidence at the hearing. These procedural requests, that Henderson denied are: (1) access investigators’ notes; (2) cross-examine Thompson; and (3) question Commissioner Goodell. Since Henderson barred access to the investigators’ notes, Thompson’s cross-examination, and the examination of Commissioner Goodell, and each was of utmost importance and extremely relevant to the hearing, Henderson breached the CBA. Although a breach of the agreement by an arbitrator is not a recognized exception of the exhaustion requirement, Henderson’s breach further supports allowing an exception in this case. Because both the NFL and Henderson breached their obligations under the CBA the Court finds exhaustion of the NFLPA’s remedies unnecessary.
 
I guess article 46 gets thrown out if the court doesn't think you had a fair hearing.
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