Colin Kaepernick , the embattled former NFL quarterback and social justice warrior and his attorneys are going after NFL owners in the search for evidence that he feels will prove collusion to keep him out of the league. Kaepernick's lawyers list team owners such as Dallas Cowboys Jerry Jones, New England Patriots Robert Kraft, Houston Texans Bob McNair, Seattle Seahawks Paul Allen, San Francisco 49ers Jed York and three NFL front office executives including the commissioner, Roger Goodell, will be deposed and asked to turn over their mobile phone records and emails in relationship to the Kaepernick issue.
Colin Kaepernick filed a motion demanding arbitration regarding alleged collusion of NFL honchos he says have blackballed him, essentially making him unemployable and costing him millions of dollars. A legal analyst for Sports Illustrated pointed out that in order for Kaepernick to prove collusion and win his case there are a few things that he must accomplish.
The most general and all-encompassing point he must prove is that more than 1 team had spoken with each other regarding Kaep's and plan to explicitly deny him employment. The analyst went on to also note Kaepernick will need substantial evidence that the teams or league management colluded against him, that merely proving that some teams are racially insensitive are not proof of colluision in and of themselves. Furthermore, by Kaeps turning town some free agent offers, that does not disprove collusion.
When this is all said and done, Kaepernick could receive as much as $30 million, or whatever the arbitrators deem he would have made had it not been for collusion, multiplied by three to include a punitive penalty.
If Kaepernick is hired during this process, he is not compelled to drop the grievance, but may choose to in order to study the new playbook.
If Kaeps loses the grievance he still has the option of making a federal appeal, although the likelihood of a federal success is not likely, based on previous cases.
The NFL has only had one collusion grievance in recent years and that was in 2011 regarding an issue over player salary caps, of which the NFL was found not be fraudulent. Major League Baseball has a great deal of experience with collusion claims but those are mostly related to player salaries.
Kaepernick must jump through numerous legal loops to prove collusion against him. His lawyer is the esteemed high profile attorney Mark Geragos. The league has retained the legal services of a law firm where former Attorney General and civil rights leader Eric Holder is a partner of. This makes for a rather interesting clash of agendas and backgrounds in somewhat unchartered waters.