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Latest TO news (1 Viewer)

And I lost it once and had to re-type.Good thing the law isn't a "buzzed in first" type of establishment b/c you made an excellent point about e-mail/fax/ etc as notification.I think there may be a very real issue regarding the team's actual knowledge that TO was filing the paperwork and that he missed the date by only two days while making a good faith effort to comply with the terms of the contract as he and his agent knew them to be.The notice issue is HUGE - the NFLPA aint admitting a screw up, but if they failed to notify by e-mail, as they had a habit of doing, and they can not prove the agent had notice (I mean seriously - e-mail as a regaular policy?? You are GENE f-in UPSHAW - spend the 6 bucks/player that you need to notify and have a copy of the e-mail sent "signature required and delivery confirmed" to the agent's office!), TO could be out of that contract.
Thanks for the compliments.I just finished taking a class on Business Law (getting the MBA) and we spent about a few sessions on Contract Law.One of the things I took out of the class was that faxes, email and the like are not globally defined on how they apply to law (at least according to the my teacher - she works for the internal revenues of lawyers for the state of PA).It is a touchy subject and could go either way - I'm interested to see what the professor from Penn Univeristy has to say about (that's the guy who will decide TO's case, in case you did not know - read it in today's paper).Philly Inquirer Article here...
 
Like him or hate him. Hes a great WR on the field, and thats what counts in Fantasy Football. As a GM of a team, sure I can see why people would pass on him, but from a fantasy perspective who cares about liking a person.
:thumbup: TO owner here...Will be $18 against my $200 auction cap this season...I keep him no matter WHAT team he ends up, and no matter what stoopid jive comes out of his mouth...

All of his detractors are either:

1...talkin' NFL trash- which is cool. :cool:

or

2...NOT TO owners, and wish they were...in spite of his stoopid self! ;)

 
:thumbup:

TO owner here...Will be $18 against my $200 auction cap this season...I keep him no matter WHAT team he ends up, and no matter what stoopid jive comes out of his mouth...

All of his detractors are either:

1...talkin' NFL trash- which is cool. :cool:

or

2...NOT TO owners, and wish they were...in spite of his stoopid self! ;)
IMO, with either the Eagles or the Ravens, he won't surpass his numbers from last year, which were very mortak numbers for whaty you expect from TO.That is probably wortht 18 bucks auction-wise, but I predict TO will be the worst WR value in the draft, and I do NOT want him on my team - gimmee Moss, Harrison or Holt over him in a hearbeat.

 
Why? The NFLPA looks out for the best interests of the players, not the league. Why should the league clean up the unions screw-up?
:thumbup: Of course, the union and the league were in bed together in negotiating a CBA that affecteds indivudal players' individual contracts with individual teams, so . . . .
 
IMO, with either the Eagles or the Ravens, he won't surpass his numbers from last year, which were very mortak numbers for whaty you expect from TO.That is probably wortht 18 bucks auction-wise, but I predict TO will be the worst WR value in the draft, and I do NOT want him on my team - gimmee Moss, Harrison or Holt over him in a hearbeat.
Not too shabby as a #2WR though, eh? ;)
 
Why? The NFLPA looks out for the best interests of the players, not the league. Why should the league clean up the unions screw-up?
OK, I am with ya ... the NFL shoulndt. Matter of fact, no one should. It is all Owens fault for being an ### and he gets what he deserved. There, we solved it ourselves.I am not a layer or no any law. But what would you WANT to happen if it was proven the NFLPA did #### up? Nothing? TO sue the NFLPA and have to play for the Ravens? I dont get it ...
 
Not too shabby as a #2WR though, eh? ;)
VERY nice - my poinmt is that your two situations don;'t apply to me - not only am I not talking NFL smack, nor do I want him on my team. (of course, if you meant NFL team, my apologies).
 
OK, I am with ya ... the NFL shoulndt. Matter of fact, no one should. It is all Owens fault for being an ### and he gets what he deserved. There, we solved it ourselves.I am not a layer or no any law. But what would you WANT to happen if it was proven the NFLPA did #### up? Nothing? TO sue the NFLPA and have to play for the Ravens? I dont get it ...
I don't think that was his point - the LEAGUE shouldn't do anything (ie - the proposal by the union to give the 9ers the 33rd pick), though the league's and the union's actions may resultin TO being a FA.Perspective, dude - I'm helping you make your case against the ignorant, since they are obviously ignorant - but we need to stay a biot above the dirt when defending an Terrel "dumb as a chair" Owens.
 
I don't think that was his point - the LEAGUE shouldn't do anything (ie - the proposal by the union to give the 9ers the 33rd pick), though the league's and the union's actions may resultin TO being a FA.Perspective, dude - I'm helping you make your case against the ignorant, since they are obviously ignorant - but we need to stay a biot above the dirt when defending an Terrel "dumb as a chair" Owens.
Im above it, but I have been answering too many of these 1 line comments by people who know less than I do on the subject. Often, they need to have information shocked into them because of their homerism or 'wall'.
 
ESPN.com news services

WASHINGTON -- The NFL players' union asked an arbitrator Tuesday to make Terrell Owens a free agent, claiming the San Francisco 49ers didn't have the rights to trade the wide receiver to the Baltimore Ravens.

The case will go to Steven Burbank of the University of Pennsylvania Law School, who was selected jointly by the league and the NFL Players' Association early last year to arbitrate such contract disputes.

Owens was prevented from becoming a free agent when the NFL Management Council ruled last week that his agent, David Joseph, failed to void the last two years of his contract by a Feb. 21 deadline.

The union, which oversees the certification and discipline of agents, is likely to consider action against Joseph, as well, according to a Washington Post report.

Sources told the newspaper that the union does not consider Joseph to be off the hook. Union officials have said that Joseph was notified of a change in the deadline -- from early March to Feb. 21 -- for Owens to void the remainder of his contract.

Several executives around the league and several veteran agents, speaking on the condition that they not be identified because of the sensitive nature of the case, told the Post they expect the union to discipline Joseph, perhaps by suspending him. Union officials declined to comment publicly, according to the paper, and Joseph has not responded to numerous phone messages.

On Thursday, the 49ers traded Owens, one of the top three wide receivers in the league, to Baltimore for a second-round draft choice, turning down a proposal from Philadelphia, the team he said he wanted to play for.

Owens, who would have been the top free agent available this year, reiterated Monday he didn't want to go to Baltimore.

"So that there is no misunderstanding, regardless of what happens with the grievance, under the present circumstances I do not see myself playing for the Ravens," he said in a fax sent to The Associated Press.

When Owens failed to file the request to void the contract, it was believed he had three seasons left.

However, Gene Upshaw, the union's executive director, said there are two years left.

"That was a mistake by the 49ers," Upshaw said. "There are just two years remaining, and we think we have a good case for voiding them."

Should Burbank rule in Owens' favor, the trade to Baltimore would be overturned and he would become a free agent. He could command a signing bonus of $10 million to $15 million. If the league ruling is upheld, Owens would be due $5.3 million in salary next season, although the Ravens said they would be willing to renegotiate the contract.
This is good news. Posturing by the league to blame (and punish) the Agent and NOT TO.
 
Correction - posturing by the UNION to slough blame from themselves to the agent. Makes sense considering both the agent and the union are supposed to be acting in the players' interest.The LEAGUE is uninvolved with agent discipline (according to the article you posted, it is the NFLPA):

The union, which oversees the certification and discipline of agents, is likely to consider action against Joseph, as well, according to a Washington Post report.Sources told the newspaper that the union does not consider Joseph to be off the hook. Union officials have said that Joseph was notified of a change in the deadline -- from early March to Feb. 21 -- for Owens to void the remainder of his contract.
 
Ruling coming Sunday
Owens hearing Saturday, decision due Sunday March 10, 2004SportsLine.com wire reports NEW YORK -- Terrell Owens' request to be declared a free agent will be heard Saturday by an arbitrator, and a decision is expected the following day. Advertisement The standout receiver was prevented from becoming a free agent when the NFL Management Council ruled last week his agent, David Joseph, failed to void the last two years of his contract with the San Francisco 49ers by a Feb. 21 deadline. The 49ers then traded Owens to Baltimore for a second-round pick. The case, filed on Owens' behalf by the NFL Players Association, will be heard by Steven Burbank of the University of Pennsylvania Law School, who was selected jointly by the league and the NFLPA early last year to arbitrate such contract disputes. Burbank will hear the case by conference call, and has informed the NFL he will announce the decision Sunday. Owens' case will be argued by Richard Berthelsen, the union's general counsel and Jeffrey Kessler, their primary outside lawyer. Gregg Levy, the NFL's chief litigator, will argue the league's case. AP NEWSThe Associated Press News ServiceCopyright 2004, The Associated Press, All Rights Reserved
 
Correction - posturing by the UNION to slough blame from themselves to the agent. Makes sense considering both the agent and the union are supposed to be acting in the players' interest.The LEAGUE is uninvolved with agent discipline (according to the article you posted, it is the NFLPA):
I think you are nieve to think the NFL anf NFLPA are not in together (at some level) with respect to passing blame
 
I think you are nieve to think the NFL anf NFLPA are not in together (at some level) with respect to passing blame
Not only is that a confusing sentence, but it is probably wrong. While the NFLPA is often in "bed" with the league in creating solutions to their labor issues (thus one of the basises of the Clarett decision), in the TO situation and in disciplining the agent who represents TO, the union is on its own.The LEAGUE was done with the matter after finishing negotiations on the alterations to the collective bargaining agreement - it was then up to the union to notify TO.The LEAGUE has no blame to receive or pass.
 
TOs lawyer, some of you may remember him
Practice Description Jeffrey Kessler is the Co-Chairman of the Firm’s Litigation Department and has extensive experience in all aspects of antitrust law, sports law, intellectual property and other complex litigation. He has been lead counsel in some of the most complex antitrust, sports law and IP law cases in the country including major jury trials and has represented a number of U.S. and international companies in criminal and civil investigations in the antitrust and trade areas. He successfully defended Matsu####a and JVC against claims of a worldwide conspiracy in the landmark U.S. Supreme Court case Zenith v. Matsu####a and he is regarded as a leading expert in international antitrust law (recognized in the Guide to the World’s Leading Antitrust Lawyers and Who’s Who of Competition Lawyers). He also has been the lead counsel in numerous intellectual property cases involving frontier issues of IP law.Mr. Kessler is also one of the most prominent sports lawyers in the country. He has litigated some of the most famous sports-antitrust cases in history, including McNeil v. the NFL, the landmark antitrust jury trial which led to the establishment of free agency in the National Football League. Some of Mr. Kessler’s clients in the sports law area have included the National Football League Players Association, the National Basketball Players Association, the Arena Football League Players Association, the National Hockey League Players Association, the Major League Baseball Players Association, the National Invitation Tournament, SFX Sports, the NFL Coaches Association, Players, Inc. and Adidas. Mr. Kessler has also represented various classes of NBA, NFL, AFL and MLS players, the North American Soccer League, the United States Football League, and the Cities of Sun Diego and Oakland, as well as Alameda County, in various sports law disputes. Mr. Kessler negotiated the current free agency/salary cap systems in the NFL, NBA and AFL and successfully represented Latrell Sprewell in his controversial suspension arbitration. Mr. Kessler has written and lectured extensively on a wide variety of antitrust, sports law and related topics. He is the co-author of International Trade and U.S. Antitrust Law and was co-editor-in-chief of State Antitrust Practice and Statutes. He was a member of the Council, and was formerly Co-chairman of the Publications Committee, and Chairman of the International Antitrust Law Committee, of the Antitrust Section of the American Bar Association (ABA). He was also a member of the ABA's NAFTA Tri-National Committee and an Adjunct Professor of Law at Fordham Law School. He was a founding member of the Board of Advisors of the Georgetown University Study of Private Antitrust Litigation.Representative Matters Zenith, et. al. v. Matsu####a Electric Industrial Co., Ltd., et. al. — Successfully defended Matsu####a in landmark antitrust conspiracy case in which new summary judgment standards were established by the United States Supreme Court. McNeil et al. v. NFL, et. al. — Successfully won jury verdict for NFL players striking down free agency restrictions under the antitrust laws. This victory led to the Reggie White class action, in which the current free agency/salary cap system in the NFL was achieved. Axcess Global, et. al. v. Matsu####a Electric Industrial Co., Ltd. — Successfully defended Matsu####a in nine week jury trial involving claims of breach of contract and fraud in which the plaintiffs sought $750 million and the jury awarded a complete defense verdict. NBA Player Class Actions — Successfully represented various classes of NBA players in different antitrust actions leading to the creation of the free agency/salary cap system in the NBA. DVD Copy Control Association v. Bunner, et. al. — Successfully obtained preliminary injunction for DVD Copy Control Association in landmark case challenging theft and distribution of DVD trade secrets over the internet. Players Inc. v. Gridiron and Athletes First — Successfully prosecuted two frontier IP litigations challenging the group use of NFL player images on websites. J.F. Feesers v. Sew-A-Portion, et. al. — Successfully represented plaintiff in major Robinson Patent act litigation. City of Oakland and Alameda County, et. al. v. Oakland Raiders — Successfully obtained summary judgment on behalf of City of Oakland and Alameda County requiring Raiders to honor the team's stadium lease and remain in Oakland. Minolta and Matsu####a State Attorneys General Antitrust Litigations — Successfully settled separate multi-state antitrust litigations brought against Minolta Corporation and Matsu####a. Sprewell v. NBA — Successfully represented Latrell Sprewell and NBA Players Association in arbitration overturning controversial suspension and contract termination. Rowe, et. al. v. Creative Artists Agency, et. al. — Lead counsel for Creative Artists Agency in defense of alleged conspiracy case. Metropolitan Intercollegiate Basketball Association v. NCAA — Lead counsel for NIT in antitrust litigation against the NCAA. BMO Nesbitt Burns Inc., et. al. v. Double Play Co., et. al. — Lead counsel for 14 former owners of the Montreal Expos in fraud arbitration and RlCO litigation. Telesat Cablevision, Inc. v. The Nashville Network, et. al. — Successfully defended the Nashville Network and Westinghouse Broadcasting against antitrust claims by cable company. NBA and NFL arbitrations — Successfully represented the players associations and various players in numerous arbitrations involving free agency, circumvention, collusion and salary caps. North American Soccer League, et. al. v. NFL — Successfully represented North American Soccer League in antitrust case striking down NFL ownership rules. Matsu####a Electronics Corporation v. Lord Corporation, et. al. — Successfully represented Matsu####a in obtaining summary judgment to establish a license defense against patent infringement claims. Guidry, et. al. v. Arena Football League, et. al. — Successfully represented class of Arena Football League players in antitrust case which established free agency in the Arena Football League. Belichick v. NFL, et. al. -- Successfully represented NFL Head Coach in litigation over changing teams. Hygrade Milk and Cream Co., et. al. v. DiGiorgio, et. al. — Successfully defended company in Robinson Patent act litigation. City of Oakland, et. al. v. Oakland A's — Successfully represented City in franchise valuation arbitration with Oakland A's baseball team. Admitted to Practice New York United States Court of Appeals Eleventh Circuit, Federal Circuit, Second Circuit, Third Circuit, First Circuit, Eighth Circuit United States District Court Southern District of New York United States Supreme Court Bar Associations, Memberships and Activities Past Council member and Chair of International Antitrust and Publications Committees (ABA Antitrust Law Section) Founding Member -Board of Advisors for the Georgetown University Study of Private Antitrust Litigation NAFTA Tri-National Committee (American Bar Association) Adjunct Professor at Fordham Law School PublicationsInternational Trade and U.S. Antitrust Law (Co-Author, 2003). Competition Laws Outside the U.S. (Editorial Board, 2001-2003). The Corporate Counselor and Antitrust/The Corporate Counselor's Deskbook (2003). State Antitrust Practice and Statutes (Co-Editor-In-Chief, 2nd Edition: 1999). Protecting DVD Trade Secrets in an Internet World (2002). Understanding Business & Legal Aspects of Sports Industry — Practising Law Institute (Co-Chair:1999 -2000). What Justice Breyer Could not Know at His Mother's Knee: The Adverse Effects of Brown v. Pro Football on Labor Relations in Professional Sports (2000). Consents and Settlement Agreements, Antitrust Law in New York State (1995). "The New Wave of Antitrust CIDs: What To Do When The Department Of Justice Comes Knocking On Your Door," The Metropolitan Corporate Counsel (1995). "New International Antitrust Guidelines," ANTITRUST (Summer 1989). "The Antitrust Legacy of the Reagan Administration," The Antitrust Bulletin (1988). "Litigating International Antitrust Cases," The Practitioner's Viewpoint (1987). "S. 1300-H.R. 4831 — An Overdue Antitrust Reform," The Antitrust Bulletin (1986). Integrated Reform Suggested for Antitrust Remedies (1983).
 

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