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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: The best running backs the Redskins will face in 2018

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Need to Know: The best running backs the Redskins will face in 2018

Here is what you need to know on this Wednesday, July 18, eight days before the Washington Redskins start training camp.  

The five best running backs the Redskins will face in 2018

This week we’ll be looking at the best of what the Redskins will face during the 2018 season. Today the running backs are up. They are roughly ranked 2017 rushing yards, although I did some juggling based on offseason moves and other factors. Prior to this, we looked at the best teamsreceivers, and quarterbacks

Ezekiel Elliott, Cowboys—He actually finished 10thin the league in rushing yards behind two backs who will face the Redskins. Elliott gets boosted up the list because he was suspended for six games last year. He averaged 98 yards per game played and had he been able to play in 16 games he would have led the league in rushing yards with over 300 yards to spare. In three games against the Redskins, he has averaged 110 yards per game and he has five touchdowns. The Redskins’ revamped rushing defense will be tested twice.

Mark Ingram, Saints—He will be coming off of a four-game suspension for Redskins vs. Saints in Week 5. Will he be rested or rusty? If he’s in any kind of form, the Redskins defense will have to be on its game. Last year against Washington in the Superdome Ingram rushed for 134 yards and a touchdown on just 11 carries. 

Leonard Fournette, Jaguars—The rookie did surpass the thousand-yard mark, posting 1,040. Some pointed out that it wasn’t a consistent effort as he gained 310 yards, almost 30 percent of his total, in two back-to-back games in Weeks 5 and 6. That’s fine but he still is a difficult opponent with his combination of size and speed. I look for him to have a big breakout this year. 

Dion Lewis/Derrick Henry, Titans—Lewis averaged 5.0 yards per carry with the Patriots last year and Henry gained 744 yards while sharing time with the now-retired DeMarco Murray. Lewis will play a lot of third downs and will spell Henry sometimes early in games. That will leave the 6-3, 247-pound Henry fresh to grind up the clock if the Titans have a late lead. 

Jay Ajayi, Eagles—Nobody has quite figured out why the Dolphins dealt him to the Eagles in midseason, but Philly was more than happy to add him to the offense. Ajayi became a workhorse in the postseason with 42 rushing attempts and six receptions in three games. 

I do need to mention Giants rookie Saquan Barkley here. I have to think that the second overall pick of the draft will rank somewhere on this list but without seeing him in an NFL uniform yet it’s hard to rank him. He will be dangerous, no doubt. 

Best of the rest: Lamar Miller, Texans, Alvin Kamara, Saints, Ronald Jones, Bucs

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 

Former Redskins offensive tackle Geroge Starke, one of the original Hogs, was born on this date in 1948.

Days until:

—Training camp starts (7/26) 8
—Preseason opener @ Patriots (8/9) 22
—Roster cut to 53 (9/1) 45

The Redskins last played a game 199 days ago. They will open the 2018 NFL season at the Cardinals in 53 days. 

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A quick recap of Tuesday's MLB All-Star Game, including how your Nats did

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A quick recap of Tuesday's MLB All-Star Game, including how your Nats did

Tuesday evening's All-Star game was fairly uneventful until its later innings. The American League triumphed over the National League, 8 - 6, for their sixth straight All-Star game victory.

Despite fears of potential rain and inclement weather delaying the game, there were no unexpected stops in play. 

The AL started very strong offensively, with runs from Aaron Judge and Mike Trout in the top of the second and third innings, respectively. Jean Segura's three-run homer in the top of the eighth made victory look inevitable for the AL by the fifth. 

Max Scherzer, unsurprisingly, was well received among fans at Nationals Park. The Nats starter pitched the first two innings, giving up four hits. One was Judge's second-inning homer, but Scherzer remained unfazed and lighthearted. Four strikeouts made his performance commendable.

Bryce Harper did not get on as well, striking out in both of his at-bats. After Harper's Home Run Derby Win last night, there was chatter of him going for the MVP title as well. 

It didn't work out, but given Harper's consistent presence at the All-Star game, there's always another chance.

Elsewhere in the dugout for the NL, who rallied back from the three-run deficit, the kids were all right. Willson Contreras of the Cubs had a solo homer at the bottom of the third, the Rockies' Trevor Story had one in the seventh, and Christian Yelich added another in the eighth. A two-run homer by Scooter Gennett in the bottom of the ninth brought the game back to a 5-5 tie.

Jesus Aguilar struck out for the NL, and extra innings began.

In the top of the tenth, Alex Bregman and George Springer, both of the Astros, hit home runs almost immediately off of Dodgers pitcher Ross Stipling. Stop us if you've heard that one before.

With no outs, Michael Brantley took a sacrifice flyout to right field, and Jean Segura got in one more run to put the score at 8-5.

Though Joey Votto (Reds) hit one last home run in the bottom of the tenth, the NL couldn't quite make up the deficit.

After a late night, the American League will be going home happy.

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