Federal judge rules NFL violated deal
MINNEAPOLIS -- With a potential NFL lockout looming, a federal judge gave a key ruling in favor of the players that could strip what the union has been calling unfair leverage for the owners in labor negotiations.
U.S. District Judge David Doty backed the NFL Players Association on Tuesday in a dispute with the league over $4 billion in TV revenue, money that players argue owners collected for a war chest to fund a lockout.
The league's agreement with players expires at midnight Eastern time Thursday night.
Doty overruled a special master, declaring the NFL violated its agreement with the union, which had asked that the TV money be placed in escrow until the end of any lockout. A hearing, yet to be scheduled, will be held to determine damages for the players.
The union accused the NFL of structuring TV contracts agreed to in 2009 and 2010 so owners would be guaranteed money even if there were a work stoppage in 2011 -- while not getting the most revenue possible in other seasons, when income would need to be shared with players. The union argued this violated an agreement between the sides that says the NFL must make good-faith efforts to maximize revenue for players.
"The record shows that the NFL undertook contract renegotiations to advance its own interests and harm the interests of the players," Doty wrote in the ruling.
Doty cited the NFL's "Decision Tree" as a "glaring example" of the league's intent. "Moving forward with a deal depended on the answer to the questions: 'Does Deal Completion Advance CBA Negotiating Dynamics?' If yes, the NFL should 'Do Deal Now'; if no, the NFL should 'Deal When Opportune.'"
Said George Atallah, the NFLPA's assistant executive director for external affairs: "This ruling means there is irrefutable evidence that owners had a premeditated plan to lockout players and fans for more than two years. The players want to play football. That is the only goal we are focused on."
The NFL has described the $4 billion as a loan that the league eventually would need to repay -- or make up to -- the networks, with interest.
In his ruling, Doty revealed previously confidential details of NFL TV contracts and said that the NFL "consistently characterized gaining control over labor as a short-term objective and maximizing revenue as a long-term objective ... advancing its negotiating position at the expense of using best efforts to maximize total revenues for the joint benefit of the NFL and the Players."
Doty said at least three networks expressed "some degree of resistance to the lockout payments;" that the NFL "characterized network opposition to lockout provisions to be a deal breaker;" and that DirecTV "would have considered paying more in 2009-2010 'to have [the work-stoppage provision] go away."
Doty said at least three networks expressed "some degree of resistance to the lockout payments" and that the NFL "characterized network opposition to lockout provisions to be a deal breaker."
In the ruling, Doty revealed that DirecTV would pay up to 9 percent more to the NFL if no games are played in 2011 than if there were a season. And of the total amount payable if there is a canceled season, 42 percent of DirecTV's fee is nonrefundable.
Under the CBS and Fox contracts set to expire at the end of the 2011 season, the NFL would have been required to repay CBS and Fox that same year if there were a work stoppage. Under the contracts extended to the 2013 season, the NFL will repay the funds, plus money-market interest, over the term of the contract, Doty wrote. And if the season is canceled, the contracts would be extended another season.
NBC's contract through the 2011 season contained the same work-stoppage provisions as the CBS and Fox contracts, according to Doty.
He wrote that during extension negotiations, NBC felt the NFL was "hosing" the network by its demands. To "bridge the gap," the league agreed to award NBC an additional regular-season game for the 2010-2013 seasons. The NFL did not seek additional rights fees for the 2009, 2010 and 2011 seasons, and NBC agreed to pay increased rights fees for the 2012 and 2013 seasons.
Although ESPN's contract was not set to expire until 2013, the work-stoppage provision was amended. In the negotiations, ESPN requested that the rights fee not be payable if there is a work stoppage, but the NFL rejected the request. Doty wrote: "The NFL stated that the digital deal and the work-stoppage provisions were 'linked,' ... To secure ESPN's agreement to the work-stoppage provision, the NFL granted the right to a Monday Night Football simulator via the wireless partner."
NFL spokesman Greg Aiello downplayed the significance of the ruling, saying that clubs were "prepared for any contingency."
"Today's ruling will have no effect on our efforts to negotiate a new, balanced labor agreement," Aiello said.
Aiello told The Associated Press that the NFL had not immediately determined whether it would appeal Doty's ruling.
NFL lawyers have argued the league used sound business judgment to maximize revenues for both sides to share, but Doty wrote in his ruling that the NFL enhanced "long-term interests at the expense of its present obligations."
Indianapolis Colts center Jeff Saturday, a member of the NFLPA's executive committee, said the ruling was a "really good reversal."
"I'm not sure what all that means, as of yet," Saturday told The Associated Press as he left Tuesday's mediation session in Washington. "We haven't been debriefed. We just got the news when we were in the meeting, so I'm sure we'll hear more tonight. But it sounds very favorable."
At a hearing last week, NFL attorney Gregg Levy argued it would be "repugnant to federal labor law" for Doty to intervene in the broadcast rights fees issue. Players' union attorney Jeffrey Kessler countered that the billions in leverage is part of a long-devised lockout plan and that the NFL didn't act in good faith.
Doty said at the hearing that he didn't want to put his "thumb on the scale of the collective bargaining" process.
Saints sign Shaun Rogers
The New Orleans Saints have signed free agent defensive tackle Shaun Rogers to a one-year deal, the team announced Tuesday.
Rogers' deal is worth $4 million, a league source told ESPN NFL insider Adam Schefter.
Rogers was cut on Feb. 9 after playing sparingly during the 2010 season due to ankle, hip and elbow injuries. He had been scheduled to make $5.5 million in 2011 with a $500,000 roster bonus.
NFL free agency is scheduled to begin March 4 -- pending the outcome of negotiations for a new collective bargaining agreement -- but Rogers is free to sign with a new team now because the Browns terminated his contract early.
Rogers' deal comes several hours after the New England Patriots signed former Buffalo Bill Marcus Stroud to a two-year contract. Rogers made visits to New Orleans, Washington and Kansas City.
While Redskins and Chiefs wanted him as a nose tackle for their 3-4 defenses, Rogers preferred the Saints for two reasons. The one-year deal will allow him to be a free agent after the season. Also, the Saints defense will play him in a 4-3 alignment, although defensive coordinator Gregg Williams switches into a three-man line often.
The Saints also reached an agreement with kicker Garrett Hartley on a five-year deal, a league source told Schefter. Hartley is scheduled to sign the deal Wednesday.
Leon Washington gets 4-year deal
RENTON, Wash. -- Leon Washington is getting rewarded for proving he could come back from a gruesome, career-threatening broken leg.
The Seattle Seahawks and Washington have agreed to a new four-year contract after a 2010 season during which Washington was in the discussions for NFL comeback player of the year.
The contract is worth about $12.5 million and could max out at $16 million, and it includes $3.5 million in guaranteed money, sources told ESPN.com's John Clayton and ESPN NFL Insider Adam Schefter.
Washington's agent, Alvin Keels, announced on Twitter Tuesday morning that an agreement had been reached in principle between Washington and the team. The Seahawks confirmed later Tuesday afternoon that the deal had been finalized.
Washington came to Seattle in a draft-day trade with the New York Jets, but with plenty of questions whether he could return to the Pro Bowl form he showed in New York. Washington sustained a compound fracture of the tibia and fibula in his right leg during a Jets game at Oakland in October 2009.
It didn't take long for Washington to prove he was back. If his sprinting touchdown run during the preseason didn't show Washington still had his burst, his welcome back came in Week 3 against San Diego. In Seattle's 27-20 win over the Chargers, Washington returned two kickoffs for touchdowns, including a 101-yard sprint to start the second half. He finished that day with 253 yards on kickoff returns, nearly matching Seattle's offensive output of 271 yards. He was the 10th player in NFL history to return two kickoffs for touchdowns in the same game and just the third to have both be for 99 or more yards.
Later in the season, Washington returned a kickoff 92 yards for a score against San Francisco and had a long punt return against Carolina where he was tripped up just shy of the goal line.
Washington tied for the NFL lead with three kickoff returns for touchdowns and averaged 25.6 yards per return, good for eighth in the league. Washington also scored one rushing touchdown. He finished second in All-Pro voting as kick returner behind Chicago's Devin Hester.
Jets tender Santonio Holmes
The New York Jets made qualifying tenders Tuesday to their potential restricted free agents, including cornerback Antonio Cromartie and wide receiver Santonio Holmes -- both of whom received first- and third-round tenders.
By placing the highest-level tender on Cromartie and Holmes, the Jets are basically saying they have no intention of losing them to another team. Of course, there's a good chance the tenders could be moot, depending on the outcome of the labor negotiations.
While the moves temporarily secure the players' rights, it's unclear what their status will be under a new collective bargaining agreement. The current CBA expires Thursday night.
Under the current rules, Cromartie and Holmes -- both with five years' experience -- would be considered restricted free agents. In that case, any team that signs one of them would have to compensate the Jets with first- and third-round picks. But if the new rules revert to pre-2010 requirements, as many believe will happen, both players would have enough service to be unrestricted free agents and the tenders wouldn't apply.
The one-year contract amount for Cromartie and Holmes would be $3.5 million.
Holmes is believed to be No. 1 on the Jets' priority list, but there's no chance he will sign a long-term contract with the team before Friday, his agent, Joel Segal, said in a phone interview. That's hardly a shocker, as general manager Mike Tannenbaum has made it clear he won't do any big deals until the labor situation is clarified.
Aside from Holmes and Cromartie, the Jets' other big-name free agent is wide receiver Braylon Edwards. The Jets didn't have to tender him because he has six years of experience, meaning he will be unrestricted in any system. Linebacker David Harris was to be a free agent, but he signed his franchise tender for an estimated $10 million.
The Jets made tenders to five other potential restricted free agents. Kick returner Brad Smith received a second-round tender; safety Eric Smith and quarterback Kellen Clemens were tendered at the third-round level; cornerback Drew Coleman and kicker Nick Folk received sixth-round tenders. The Jets will have the right of first refusal for safety James Ihedigbo and offensive lineman Rob Turner.
In addition, the Jets made it official, announcing they have released nose tackle Kris Jenkins, linebacker Jason Taylor and right tackle Damien Woody.
The Jets haven't confirmed the release of defensive end Vernon Gholston. The move is expected to happen Wednesday or Thursday, according to a league source.
Redskins release Clinton Portis
WASHINGTON -- "Southeast Jerome" is officially gone for good. As well as "Dolla Bill" and "Sheriff Gonna Getcha."
Clinton Portis was released by the Washington Redskins on Monday, ending a charismatic and sometimes contentious seven-year stay that, for a while at least, made him the face of the franchise.
Injuries and money led to coach Mike Shanahan's decision. Portis had played in only 13 games over the past two seasons because of a severe concussion in 2009 and a torn groin muscle in 2010.
Portis was scheduled to make $8.3 million next season, and Shanahan made it clear at the NFL combine that the Redskins wouldn't keep the 29-year-old running back at that price.
"We're going to let him test the market," Shanahan said, "and see what's out there for him."
Portis told 106.7 The Fan that he was given a chance to restructure his contract, but he said it would be "hard to accept not being the go-guy."
"It was kind of a mutual decision," Portis said. "They could have sat and held on and played around. They gave me an opportunity to further my career and go somewhere where I can help."
"We have been through a lot both on and off of the field and we would like to wish him and his family the very best," Redskins owner Dan Snyder said in a statement announcing Portis' release. "He will always be a Redskin and go down as one of the franchise's all-time greats."
Portis is 77 yards short of 10,000 career rushing yards and leaves Washington 648 yards shy of one of his oft-stated goals -- Hall of Famer John Riggins' franchise record.
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Bears release three-time Pro Bowl DT Harris
LAKE FOREST, Ill. -- Chicago Bears general manager Jerry Angelo held true to his statement Friday about the club's plan to make several roster moves this week.
The Bears announced the release of defensive tackle Tommie Harris on Monday, and terminated the contracts of linebacker Hunter Hillenmeyer and offensive lineman Kevin Shaffer.
Interestingly, Bears coach Lovie Smith said at the NFL scouting combine last week that Harris fit into the club's plans for 2011. Apparently that wasn't the case.
"That's just a part of our business,'' Smith told the Chicago Tribune. "Of course, Tommie is my first recruit. But at the same time, we're both moving in different directions. Tommie still has a future. He's just going to have it with someone else.''
Harris, the 14th overall selection in the 2004 draft, made three Pro Bowls with the Bears. He started 90 of 104 career games for the Bears in seven seasons, but was released in part because of underperformance in 2010, finishing with just 18 tackles, 1.5 sacks and two fumble recoveries in six starts. Harris was due a $2.5 million roster bonus in June.
"I kind of knew. It's nothing personal," Harris told the Chicago Sun-Times. "I want to thank the McCaskeys. I want to tell my fans I love them, and I'm going to miss the city and my teammates. I think it's one of the best locker rooms in the NFL."
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Jaguars sign backup QB Luke McCown
JACKSONVILLE, Fla. -- The Jacksonville Jaguars have signed quarterback Luke McCown to a one-year contract, giving the team an experienced backup to David Garrard.
McCown was scheduled to become an unrestricted free agent.
McCown has played in 16 games, with seven starts, in seven seasons. He has completed 154 of 260 passes for 1,739 yards, with nine touchdowns and 10 interceptions.
The 29-year-old quarterback spent time with Cleveland and Tampa Bay before joining the Jaguars via a trade in September 2009. He was a fourth-round draft pick of the Browns in 2004 and was traded to the Buccaneers in April 2005.
McCown played in one game last season before tearing a knee ligament and missing the rest of the season. He completed 11 of 19 passes for 120 yards in a loss at San Diego.
) might be pointless. They should at least cut 1-2 games of preseason, and add 1 game at most, but I say even having 2 bye weeks isnt bad, because it will extend the season either way.
