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More legal moves made in Saints' bounty case

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More legal moves made in Saints' bounty case

From Comcast SportsNet
NEW ORLEANS (AP) -- The NFL Players Association filed a lawsuit against the NFL on behalf of three players suspended in connection with the bounty investigation, calling Commissioner Roger Goodell "incurably and evidently biased." The lawsuit, filed on behalf of Will Smith, Scott Fujita and Anthony Hargrove on Thursday in federal court in New Orleans, highlighted a flurry of legal activity surrounding the punishment of four players for what the NFL says was their roles in a program that paid improper cash bonuses for hits that injured opponents. Suspended Saints linebacker Jonathan Vilma, who is suing separately in the same court, asked a judge to overturn his suspension while also requesting a temporary restraining order and injunction that would allow the linebacker to quickly return to work and keep working while his case is pending. Goodell, meanwhile, filed a motion to dismiss defamation claims that Vilma made in his initial lawsuit against the commissioner in May. The motion, which was expected, states that Vilma is barred from making such claims by the dispute resolution process outlined in the NFL's labor agreement, which also includes a provision barring lawsuits by players against the NFL. But Vilma's attorney, Peter Ginsburg, said the defamation claims focus "exclusively on statements Mr. Goodell has made publicly and outside the confines of the CBA." "Mr. Goodell cannot escape responsibility for those public statements based on an argument that statements in a different forum and in a different context might have avoided judicial scrutiny," Ginsberg said in an email. "Having the title of Commissioner' does not provide Mr. Goodell with a license to make the accusations and allegations he has made against Jonathan in public forums without facing the same scrutiny as other citizens." The Saints linebacker, whose suspension is effective immediately, wants the injunction so he may resume rehabilitating his left knee injury at Saints headquarters. Vilma is suspended for a season, Hargrove for eight games, Smith four and Fujita three. Vilma and Smith still play for New Orleans, while Hargrove is with Green Bay and Fujita with Cleveland. The NFLPA lawsuit said Goodell violated the league's labor agreement by showing he had pre-determined the guilt of players punished in the bounty probe before serving as the arbitrator for their June 18 appeal hearing. Two days ago, Goodell denied the players' appeals, and now the NFLPA is asking a judge to set aside earlier arbitration rulings and order a new arbitrator to preside over the matter. The NFL responded that the action is an "improper attempt to litigate" and said there is "no basis for asking a federal court to put its judgment in place of the procedures agreed upon with the NFLPA in collective bargaining." "These procedures have been in place, and have served the game and players well, for many decades," NFL spokesman Greg Aiello said in an email to The Associated Press. The NFL has said it found that former Saints defensive coordinator Gregg Williams ran a bounty program that paid improper cash bonuses for injuring opponents. Saints had coach Sean Payton has been suspended the entire 2012 season for failing to put a stop to it, while general manager Mickey Loomis has been suspended half a season and assistant head coach Joe Vitt six games. Williams, now with St. Louis, is suspended indefinitely and, according to the NFL, cooperating with the investigation. The players, however, have claimed they never sought or accepted rewards for injuring opponents. Fujita has said the NFL grossly mischaracterized what was an informal accountability program for teammates to reward one another for big plays such as sacks, forced fumbles and interceptions, something players on many teams have taken part in for years. Several current Saints defensive players who have not been punished, including safety Roman Harper and linebacker Scott Shanle, have publicly defended their current and former teammates, denying that any Saints player sought to do anything more than what they were already paid to do -- deliver clean hits as hard as they could. Some players have also suggested that Goodell's bounty punishments are part of an agenda to make the league look tough on player-safety matters in order to mitigate exposure to lawsuits filed by numerous retired NFL players who claim the league failed to educate them about or prepare them for many of the long-term physical ailments, including brain disease, that a pro football career can cause. "A seminal question for this court is whether the NFL collective bargaining agreement ... granted the commissioner, when serving as an arbitrator, the authority to disregard the essence of the parties' agreement, to conduct proceedings that are fundamentally unfair, and to act with evident bias and without jurisdiction," the lawsuit states. "The answer, under governing case law, is clearly no.' "The investigation and arbitration process that the Commissioner's public relations machinery touted as thorough and fair' has, in reality, been a sham," the lawsuit stated. The lawsuit said the NFL violated the labor agreement by refusing to provide players with access to "critical documents or witnesses, or anything resembling the fairness mandated by the CBA and governing industrial due process law." The suit also states that Goodell "launched a public campaign defending the punishments he intended to arbitrate, rendering him incurably and evidently biased." The NFLPA also reiterated a claim that the CBA requires much of the "pay-for-performance" conduct outlined in the NFL's bounty investigation to be handled by a system arbitrator and not the commissioner, who has "improperly usurped" control over that process. The NFL has argued that the bounty matter falls under conduct detrimental to the league, which the commissioner has authority to punish. Two arbitration rulings so far have ruled in the NFL's favor on that matter, but the NFLPA lawsuit says the NFL's handling of the bounty matter amounts to a "rare case" in which the arbitrators' previous rulings should be set aside. The union contends one arbitrator, Stephen Burbank, based his ruling on a statement that he saw his jurisdiction covering only improper payments made to players, but not the payments the NFL has said players made into the bounty pool. "This distinction cannot be justified by the CBA, nor can it override the fact that the NFLPA has never agreed to arbitrate these types of disputes before the Commissioner," the lawsuit said. Included with the 55-page lawsuit are 400 pages of exhibits, including about 200 pages of evidence that the NFL presented at the appeal hearing. The lawsuit notes that those documents represent a "sparse" sampling of the 18,000 documents totaling about 50,000 pages that the league said it compiled during its investigation. One exhibit is a sworn declaration from Duke Naipohn, a fatigue risk management specialist who was working closely with the Saints defense throughout the 2011 season. Naipohn said he attended most defensive meetings and never saw bounties placed on opposing players or saw Saints players rewarded for injuring opponents.

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Need to Know: Redskins player one-liners, defense

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Need to Know: Redskins player one-liners, defense

Here is what you need to know on this Tuesday, May 22, 66 days before the Washington Redskins start training camp.  

Redskins player one-liners, defense

A few weeks ago, I did an early projection of the Redskins’ 53-man roster on offense and defense. As the team gets ready for OTAs here is a comment on each player expected to make the team on defense; the offense was up yesterday

Defensive line

—Even though he played just 159 snaps last year before getting injured, the experience that Jonathan Allen gained in the offseason and training camp last year will help him get off to a strong start this season. 

—​Daron Payne will improve as the season goes on but he should be of some help stopping the run, the team’s most glaring weakness, right off the bat. 

—​Matt Ioannidis could play his way into an early contract extension a year from now, something nobody saw coming a year ago. 

—Last year Anthony Lanier played a little over half a season’s worth of snaps and got 5.0 sacks so I’ll put his over/under for this year at 7.5. 

—I think many fans see “Redskins veteran free agent D-lineman” and associate “bust” but Stacy McGee played pretty well last year. 

—Will Tim Settle be in at nose tackle for the first snap in Week 1?

—The coaches would like to be able to keep Ziggy Hood on the roster, but injuries and other issues could make him a victim of the roster numbers game. 

Inside linebackers

—​Zach Brown struggled a bit before injuries forced him out of the last three games, but he still finished in the top 10 in the NFL in tackles. 

—The team re-signing Mason Foster in late January was a low-key but potentially very impactful move. 

—After getting cut and then returning in November last year, Zach Vigil probably will be employed with the Redskins for all of the 2018 season. 

—It will be interesting to see how much the Redskins try to get out of converted safety Josh Harvey-Clemons as a nickel linebacker this year. 

—The Redskins moved up in the sixth round to draft Shaun Dion Hamilton, so it wouldn’t be surprising if he has a regular role on defense before the season is out. 

Outside linebackers

—All Preston Smith needs to do to hit it big in free agency is add a few sacks to his 2017 total and get a few more takeaways. 

—​Ryan Kerrigan already got paid, he’s a few more good years away from making the Redskins Ring of Fame. 

—I predict that Ryan Anderson gets his first NFL sack in Week 2 against the Colts. 

—You usually think of outside linebackers rotating in when it’s the nickel defense, but it wouldn’t be surprising to see Pernell McPhee be a regular in short-yardage situations. 

Cornerbacks

—I think Josh Norman will the dancing in the end zone at some point this season; he is long overdue to get a pick six (or a pick of any sort for that matter).

—The first time I noticed Quinton Dunbar playing cornerback was when he lined up against Odell Beckham in 2015. 

—The success of the Redskins’ decisions to trade Kendall Fuller and to let Bashaud Breeland leave as a free agent will hinge mostly on how well Fabian Moreau plays in his second year in the NFL.

—Realistically, the Redskins can hope to get 10 or 12 good games out of Orlando Scandrick

—And because Scandrick is unlikely to be healthy for 16 games, the ability of Josh Holsey to step in when needed will be critical. 

—If the Redskins can get a few good punt returns and 75 snaps at nickel corner from Greg Stroman he will be worth the seventh-round pick they used to draft him. 

Safeties

—With a year in the defense under his belt, D.J. Swearinger is a candidate to make his first Pro Bowl. 

—After Jay Gruden compared him to Jordan Reed, there is a lot of pressure on Montae Nicholson to stay on the field and perform well when he is out there. 

—Even though he started eight games last year I think the coaches view Deshazor Everett as more of a special teams guy and situational defender than a safety they want playing 70 snaps a game. 

—​Troy Apke has a lot to learn and it remains to be seen if he can go from being a fast guy to being a fast NFL football player.

Stay up to date on the Redskins. Rich Tandler covers the team 365 days a year. Like his Facebook page, Facebook.com/TandlerNBCSand follow him on Twitter  @TandlerNBCSand on Instagram @RichTandler

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Timeline  

Days until:

—Minicamp (6/12) 21
—Training camp starts (7/26) 66
—Preseason opener @ Patriots (8/9) 80

The Redskins last played a game 142 days ago. They will open the 2018 NFL season at the Cardinals in 110 days. 

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5 reasons the Caps beat the Lightning in Game 6

5 reasons the Caps beat the Lightning in Game 6

After losing three straight, the Capitals battled back in Game 6 on Monday. With their 3-0 win, Washington forced the Eastern Conference Final into a decisive Game 7 on Wednesday.

Here is how the Caps did it.

1. Braden Holtby matched Andrei Vasilevskiy save for save

Andrei Vasilevskiy was just as great in this game as he was in the three previous, but one of the major differences in this one was that Holtby was just as good. He may not have been tested as much (Vasilevskiy made 32 saves, Holtby 24), but he was big when the team needed.

In the second period with the scored tied at 0, Holtby made one of the most critical saves perhaps of the entire season when he denied Anthony Cirelli with the toe on a 2-on-1. When the Caps took the lead, Holtby really shut the door in the third period with 10 saves to cap off what was his fifth career playoff shutout and first shutout of the entire season.

2. T.J. Oshie’s timely goal

Over halfway into the game, it looked like it was just going to be one of those nights. Caps fans know it well by now. Washington outplays their opponent, they get chance after chance and develop a whopping advantage in shots, but they run into a hot goalie and a random play suddenly turns into a goal for the other team, game and season over.

Vasilevskiy was on his way to having perhaps his best performance of the series. Considering how he played in the three games prior to Game 6, that’s saying something. The Caps were doing everything right, but he continued to make save after save. Then on the power play in the second period, John Carlson struck the inside of the post, the horn went off and the roar of the crowd gave way to dismay as the referee waved his arms to indicate there was no goal and play continued. Just seconds later, T.J. Oshie gave the Caps the 1-0 lead.

You have to wonder if doubt was starting to creep into the back of the minds of the players when that puck struck the post as they wondered what else they had to do to beat Vasilevskiy. Luckily, that feeling didn’t last long.

3. Special teams

Braydon Coburn’s tripping penalty in the second period gave Washington its only power play of the night and its first since the second period of Game 4. They had to make it count given how well Vasilveskiy was playing and they did.

Washington now has a power play goal in each of their three wins against the Lightning and no power play goals in their three losses. So yeah, it’s significant.

Tampa Bay had two opportunities of their own, but Washington managed to kill off both power plays in the penalty kill’s best performance of the series.

4. Washington’s physical game plan

On paper, the Lightning are better than the Caps in most categories. One area in which Washington has the edge, however, is physical play and it was clear very early that they intended to use that to their advantage in Game 6. Tampa Bay was pushed around and they seemed to struggle to recover.

Ovechkin was a one-man wrecking ball out there hitting everything that moved. The energy he brought with every hit was palpable and both the team and the crowd fed on it.

Washington was credited with 39 hits on the night compared to Tampa Bay’s 19. Ovechkin had four of those as did Nicklas Backstrom while Devante Smith-Pelly contributed five and Tom Wilson and Brooks Orpik each led the team with six.

5. Fourth line dagger

Tampa Bay’s fourth line was the story of Game 5, but Washington’s fourth line sealed the deal on Monday with its third period goal.

Chandler Stephenson beat out an icing call, forcing Braydon Coburn to play the puck along the wall. Jay Beagle picked it up, fed back to Stephenson who backhanded a pass for the perfect setup for Devante Smith-Pelly.

Smith-Pelly scored seven goals in the regular season. He now has four in the playoffs.

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