Colts are in trouble

31hammer

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Here's the story, but I found the section in bold to me interesting. There is no set penalty for being over the cap. It's totally at the descretion of Tagliabue, which leaves me to believe he may give just a slap on the wrist to such teams as the Commanders, Colts, etc.

Injunction could be part of Colts' plan
By Mike Chappell
mike.chappell@indystar.com
The Indianapolis Colts are exploring their options in the aftermath of an arbitrator's ruling prohibiting them from gaining salary cap relief by addressing roster bonuses due quarterback Peyton Manning and Marvin Harrison.


One option could be litigation.
Dan Emerson, the Colts' general counsel, said the team has not ruled out seeking a temporary injunction to Wednesday's decision by Stephen Burbank, a professor at the University of Pennsylvania Law School. Burbank, a special master who arbitrates disputes within the NFL, ruled the Colts could not convert substantial roster bonuses due Manning and Harrison into signing bonuses and prorate them for four years to lower each player's hit against the salary cap.
It's an issue now because there is no NFL labor agreement extension. If an extension were in place, the Colts would be able to restructure the contracts as they have in the past.
Burbank's decision left the Colts well over the $94.5 million salary cap that goes into effect at 12:01 a.m. Monday.
"No injunction has been filed,'' Emerson said. "We're cautiously optimistic that no injunction will need to be filed.''
The trigger for legal action could be the inability of the NFL and its players to reach resolution this weekend on an extension to the collective bargaining agreement. Minus an agreement, the Colts could be as much as $10 million over the cap, in large part because they are carrying Manning at $17.8 million and Harrison at $14.4 million.
An agreement might boost the salary cap as high as $105 million and enable the Colts to do the normal bookkeeping measures to lower the cap numbers of Manning and Harrison.
Help from Reagor

Defensive tackle Montae Reagor made certain he'll be part of the Colts next season by agreeing to restructure his contract, according to his agent, Jeffrey Nalley. It isn't known how much cap room the team gained by reworking Reagor's deal.
Cap penalties

It is believed several teams, including the Colts, will have a difficult time getting under the $94.5 million salary cap if no extension to the labor agreement is reached.

According to NFL spokesman Greg Aiello, there never has been an instance when a team has been over the cap.
Any team not in compliance faces fines and/or forfeiture of draft picks as determined by commissioner Paul Tagliabue.
 
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