Pacman suspended for 2007; Henry suspended 8 games

[DallasEast]

What movie? I thought it was a Law School discussion.

And the winner for Best Playboy Bunny Outfit Worn By A Mainstream Actress goes to...

 

[peplaw06]

We both took the same Con Law course. They don't teach it any differently in California. Ok, well, maybe they do.

All pep's saying is that he can see a lawyer making the argument. I can see a lawyer making the argument as well. I've seen all sorts of silly claims in court. That doesn't make it a compelling argument. And it doesn't mean a smart lawyer would make it. It's a horrible claim and would laughed right out of court on the pleadings.

I'm sure my ConLaw prof taught things a little differently than yours. I'm sot saying better, just differently. was a little odd... but hilarious.

That said... I found this article. Disclaimer: I know it's a DPC claim against the NFLPA rather than the NFL, but it's a pretty close parallel. An agent had his license stripped from him for 8 years. He pursued a DPC suit against them. Just goes to show you that the argument CAN and has been made.

An argument can always be made. Again, it may not be good, and this guy may not have won, but he's arguing it.

http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/11-21-2006/0004478374&EDATE=

Disciplined NFL Agent Sues NFLPA, Seeks $36,750,000




DALLAS, Nov. 21 /PRNewswire/ -- Veteran sports agent Steve Weinberg has filed suit against the National Football League Players Association and its top officials, charging they illegally took away his NFLPA certification for a minimum of eight years, and stripped him of his past, present and future income and all of his NFL clients. Weinberg is seeking $36,750,000in damages -- $12,000,000 in compensatory damages and $24,750,000 in punitive damages.

The lawsuit, filed in 95th Judicial District Court in Dallas on Nov.20, states, "Weinberg's zealous advocacy for his players created powerful enemies who formed an evil cabal that conspired against him to immediately revoke his certification as an NFLPA Contract Advisor and deny him agentfees that he was rightfully entitled to receive. The conspirators robbed Weinberg of his livelihood, his life's work, and his life's passion. These corrupt individuals used lies, deceit, and abuse of process to ultimately achieve their objectives."

In addition to the NFLPA, individual defendants include Gene Upshaw,NFLPA executive director; Richard Berthelsen, NFLPA general counsel; Trace Armstrong, NFLPA ex-president and former chairman of the NFLPA Agent Disciplinary Committee; and Roger Kaplan, NFLPA arbitrator.

Weinberg is seeking damages for fraud, tortious interference with existing contracts, tortious interference with prospective business relations, illegal restraint of trade in violation of the Texas Free Enterprise and Antitrust Act of 1983, and a civil conspiracy among certain defendants. Weinberg believes that this lawsuit will show that he received disparate treatment from other contract advisors, partly for speaking outagainst the NFLPA's failure to abide by and enforce its own regulations.

Weinberg also believes that discovery in this case will uncover certainvaluable information that the NFLPA has previously kept from its members. "This suit is about due process," said attorney Larry Friedman ofFriedman and Feiger, the Dallas law firm representing Weinberg. "Steve is out to expose this organization so that NFL agents throughout the country will be treated fairly and equally in the future. The negotiation process is adversarial in the NFL. Player agents act as advocates for theirclients. The NFLPA's ability to immediately strip an agent of his certification -- overnight and without due process -- has a chilling effecton all agents and stifles their advocacy for their players.

The NFLPA took away Steve's livelihood and he wants it back. He's fighting for his constitutional rights. One day he had a livelihood and 42 NFL clients. The next day he had neither." "This is David vs. Goliath, and Steve Weinberg is David." After the NFLPA immediately revoked his certification in February 2003,all 42 of Weinberg's NFL clients, including 25 free agent players, most of whom he was preparing to represent in upcoming free agent contract negotiations with NFL teams, suddenly were forced to seek out new player representatives.

The suit contends that these NFL players were financially harmed by the NFLPA's actions against Weinberg, even though the mission and sole purpose of the NFLPA is to protect the players. Weinberg became certified as an NFLPA Contract Advisor in 1982.

In the years that followed, he built a successful business as a sports agent,representing NFL players from his base of operations in Dallas. Weinberg was responsible for negotiating some of the most innovative --and largest -- contracts in the history of the NFL. He established a broad clientele of loyal players through hard work, creative thinking and
vigilant representation.

When the NFLPA administered an examination to all contract advisors in 1996, Weinberg was told that his near-perfect score was the highest in the country.

A native of Baltimore, MD, Weinberg, 54, has lived in Dallas for more than 30 years. A member of the State Bar of Texas, he graduated from SMU School of Law in 1980, after graduating from the College of William and
Mary in Virginia with a BBA in 1974. He was a certified NFLPA Contract Advisor for 22 years (1982-2003).

 

[Hostile]

That said... I found this article. Disclaimer: I know it's a DPC claim against the NFLPA rather than the NFL, but it's a pretty close parallel. An agent had his license stripped from him for 8 years. He pursued a DPC suit against them. Just goes to show you that the argument CAN and has been made.

An argument can always be made. Again, it may not be good, and this guy may not have won, but he's arguing it.

http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/11-21-2006/0004478374&EDATE=

Say it isn't so.

 

[theogt]

I'm sure my ConLaw prof taught things a little differently than yours. I'm sot saying better, just differently. was a little odd... but hilarious.

That said... I found this article. Disclaimer: I know it's a DPC claim against the NFLPA rather than the NFL, but it's a pretty close parallel. An agent had his license stripped from him for 8 years. He pursued a DPC suit against them. Just goes to show you that the argument CAN and has been made.

An argument can always be made. Again, it may not be good, and this guy may not have won, but he's arguing it.

http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/11-21-2006/0004478374&EDATE=

Oh, come on. That wasn't a Due Process case. There wasn't a DPC claim. Heck, it lists all the claims:

Weinberg is seeking damages for fraud, tortious interference with existing contracts, tortious interference with prospective business relations, illegal restraint of trade in violation of the Texas Free Enterprise and Antitrust Act of 1983, and a civil conspiracy among certain defendants.

Those are possibly viable claims. But there aren't any DPC claims. You should know better than that. Some layman might actually think this article was about a Due Process claim, simply because it contains the words "due process."

 

[peplaw06]

Oh, come on. That wasn't a Due Process case. There wasn't a DPC claim. Heck, it lists all the claims:

Those are possibly viable claims. But there aren't any DPC claims. You should know better than that. Some layman might actually think this article was about a Due Process claim, simply because it contains the words "due process."

:laugh2:

I expected the spin doctoring to continue. Answer a simple question, which was the only point I was making.

Was there a DPC argument made in that article?


A good lawyer is like a good poker player... you always leave yourself an out.

 

[Bob Sacamano]

Habeas Porpoise!

Due Lochness!

 

[the kid 05]

Habeas Porpoise!

hebe jeebees porkchop!

 

[Hostile]

:laugh2:

I expected the spin doctoring to continue. Answer a simple question, which was the only point I was making.

Was there a DPC argument made in that article?


A good lawyer is like a good poker player... you always leave yourself an out.

The carousel is dizzying huh?

:wink2:

I love how he's now become snobbish about this, throwing out "laymen" like it's a dirty word. Classic.

 

[theogt]

:laugh2:

I expected the spin doctoring to continue. Answer a simple question, which was the only point I was making.

Was there a DPC argument made in that article?


A good lawyer is like a good poker player... you always leave yourself an out.

No, there wasn't a DPC argument made in the article.

 

[Bob Sacamano]

tortious interference

WOOO

 

[theogt]

The carousel is dizzying huh?

:wink2:

I love how he's now become snobbish about this, throwing out "laymen" like it's a dirty word. Classic.

You misused the term. It's commonly misused, so don't feel bad. I wouldn't expect you or any other person that hasn't studied the doctrine to fully understand it. I'm not sure why you're going on about this carousel.

 

[Hostile]

You misused the term. It's commonly misused, so don't feel bad. I wouldn't expect you or any other person that hasn't studied the doctrine to fully understand it. I'm not sure why you're going on about this carousel.

:laugh2:

Well, you're the only one.

 

[Bob Sacamano]

you don't have to study a doctrine to know what a due process by law claim is

due process by law, pick up a US Goverment book

 

[Hostile]

you don't have to study a doctrine to know what a due process by law claim is

Oh oh, now you've done it.

 

[theogt]

Oh oh, now you've done it.

Enjoy riding the carousel? You keep coming back for more.

 

[Hostile]

Enjoy riding the carousel? You keep coming back for more.

I'm standing off to the side, eating popcorn while you go round and round. It's been hilarious.

 

[peplaw06]

No, there wasn't a DPC argument made in the article.

The lawsuit, filed in 95th Judicial District Court in Dallas on Nov.20, states, "Weinberg's zealous advocacy for his players created powerful enemies who formed an evil cabal that conspired against him to immediately revoke his certification as an NFLPA Contract Advisor and deny him agent fees that he was rightfully entitled to receive. The conspirators robbed Weinberg of his livelihood, his life's work, and his life's passion. These corrupt individuals used lies, deceit, and abuse of process to ultimately achieve their objectives."
...

Weinberg also believes that discovery in this case will uncover certain valuable information that the NFLPA has previously kept from its members. "This suit is about due process," said attorney Larry Friedman ofFriedman and Feiger, the Dallas law firm representing Weinberg. "Steve is out to expose this organization so that NFL agents throughout the country will be treated fairly and equally in the future. The negotiation process is adversarial in the NFL. Player agents act as advocates for their clients. The NFLPA's ability to immediately strip an agent of his certification -- overnight and without due process -- has a chilling effecton all agents and stifles their advocacy for their players.

Sounds like a DPC argument to me....

Back to you Dale Jr.

 

[theogt]

I'm standing off to the side, eating popcorn while you go round and round. It's been hilarious.

I'm sure you're too dizzy from the earlier discussion to get back on. I'm not sure why you'd attempt to get into a debate about a subject you're not familiar with, though.

 

[Bleu Star]

And the gavel falls.

Good for the new Commish.

awesome awesome (and just) punishment. The new commish has nads! :worthy:

 

[bbgun]

Welcome to "niche knowledge night" at the Zone. The snottier you are, the better.