As far Cleveland's record relates to Dallas possibly obtaining the rights to McFadden, this is how I see it.
Teams with two wins or less:
Bills - Just spent a #11 overall on Lych a RB.
McFadden=Not likely.
Jets - All around bad team, need a star player. Drafted QB Kellen Clemens in 2006. McFadden=Likely.
Dolphins - Invested premium pick on Ronnie Brown just a few years ago. Spend a 2nd on QB John Beck last year. Brown is not great by any stretch, but have other more pressing needs. McFadden=Not likely.
Bengals - I think they will end up with a better record than Cleveland. Defense should be a priority, but McFadden could potentally be irresistable paired with Palmer TJ. "Championship" and Johnson. McFadden=Not likely (unless they continue to tank, then likely)
Raiders - Just invested #1 overall on QB. McFadden would be a no brainer. McFadden=Likely
Chargers - They will end up with better record than Cleveland not to mention they have some guy by the name of LT. McFadden=No way.
Broncos - They should also end up with a better record than Cleveland, but if for some reason they do not then things could get interesting. McFadden=Not likely (unless they tank)
Chiefs - Just signed Larry Johnson to a long term deal. McFadden=No way.
Eagles - I think they end up with a better record than Cleveland. If they do not, this would be a tough call, but I would call it likely to draft McFadden. McFadden=Not likely (Unless they continue to tank)
Bears - Just invested premium pick on Benson. They need a QB in the worst way. McFadden=Not likely.
Vikings - Adrian Peterson. McFadden=No way.
Falcons - They will be searching for a new QB with their top pick. McFadden=Not likely.
Saints - Lost Deuce for the year...again. Bush is not an everydown back. McFadden=Likely.
49ers - They have more pressing needs than replacing an already good young back in Gore. McFadden=Not likely.
Rams - The Rams have Stephen Jackson, and have more pressing needs. McFadden=No way.
So in a nutshell if McFadden is what Dallas is in the run for with Cleveland's #1 pick the Jets, Raiders, and Saints could be the ones that are most likely to get in the way.
Obviously there are a few teams with at least one win more than Cleveland that could end up with a worse record, but that was more than I wanted to deal with.