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Posted In: Salary Cap Hearing Set For May
Posted 05-13-12 at 11:45 AM by BG Overdrive
J.I. Halsell is a lawyer, also. And he really knows his salary cap stuff. (And used to do salary cap stuff for the Skins, before becoming an agent.)
That said, when he talks about legal isues like the salary cap arbitration, he really doesn't know what he's talking about, either in terms of the specific issues in this dispute, or about how the grievance procedure works in general.
And as to the timing of when this will be resolved--everyone, including but not limited to Halsell, seems to endorse the received wisdom that this dispute will go on for a very long time. Who knows, but (setting aside an antitrust claim in court, which would take a very long time, years) I see no particular reason to believe that's true.
My vague guess is that it might be reasonable to expect Burbank's decision on this motion to dismiss within a couple of weeks. (That's not based on any knowledge of how long Burbank has taken in the past; it's about how long you could expect him to take to really dig deeply into the issues.) So, if we lose this motion, I'd think we'd know within a couple of weeks, then we could appeal to the Appeals Panel. The issues would be developed by that point, and I'd think the whole appeals process would take at most a couple-few months.
If we win the motion to dismiss, then I'd guess it might take another month for briefing and to hold the hearing on the merits of our challenge, then another couple of weeks for the decision. If we survive the motion to dismiss, I'd be fairly optimistic that we'd settle, which would mean a quick and final end to the dispute. Or if it does go to a decision, I'd think it relatively likely we'd at least get a fair amount of the cap space back--e.g., putting us back in the place where we would have been if we weren't permitted to wipe the cap clean in 2010, which would be something like $28 million over four years, not $36 million over two.) Then, there would be the Appeals Panel, if the parties decided to appeal, which again I'd think would be at most another couple-few months.
All that is moderately well-informed speculation. But I'm not aware of anything that would take appreciably longer than that time frame.
That said, when he talks about legal isues like the salary cap arbitration, he really doesn't know what he's talking about, either in terms of the specific issues in this dispute, or about how the grievance procedure works in general.
And as to the timing of when this will be resolved--everyone, including but not limited to Halsell, seems to endorse the received wisdom that this dispute will go on for a very long time. Who knows, but (setting aside an antitrust claim in court, which would take a very long time, years) I see no particular reason to believe that's true.
My vague guess is that it might be reasonable to expect Burbank's decision on this motion to dismiss within a couple of weeks. (That's not based on any knowledge of how long Burbank has taken in the past; it's about how long you could expect him to take to really dig deeply into the issues.) So, if we lose this motion, I'd think we'd know within a couple of weeks, then we could appeal to the Appeals Panel. The issues would be developed by that point, and I'd think the whole appeals process would take at most a couple-few months.
If we win the motion to dismiss, then I'd guess it might take another month for briefing and to hold the hearing on the merits of our challenge, then another couple of weeks for the decision. If we survive the motion to dismiss, I'd be fairly optimistic that we'd settle, which would mean a quick and final end to the dispute. Or if it does go to a decision, I'd think it relatively likely we'd at least get a fair amount of the cap space back--e.g., putting us back in the place where we would have been if we weren't permitted to wipe the cap clean in 2010, which would be something like $28 million over four years, not $36 million over two.) Then, there would be the Appeals Panel, if the parties decided to appeal, which again I'd think would be at most another couple-few months.
All that is moderately well-informed speculation. But I'm not aware of anything that would take appreciably longer than that time frame.
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