OT - Saint's Vilma sues Roger Goodell

Submitted by Rather be on BA on

http://espn.go.com/nfl/story/_/id/7942639/new-orleans-saints-jonathan-vilma-sues-commissioner-roger-goodell-defamation

"Suspended Saints linebacker Jonathan Vilma filed a defamation lawsuit Thursday against NFL commissioner Roger Goodell, claiming the league's top executive made false statements that tarnished Vilma's reputation and hindered his ability to earn a living playing football."

This will be interesting if for no other reason than that Roger Goodell will be forced to show whatever evidence he has gathered.  /popcorn.

I kind of doubt that Goodell and the NFL would have made these suspensions without covering the bases and making sure they would have a strong case if it came down to a law suit.  This is evidenced by the fact that he hired former federal prosecutor Mary Jo Williams to review the evidence and gauge how it would hold up in court. 

I have little/no knowledge involving the law though.  What do our MGoLawyers think?

PatrickBateman

May 17th, 2012 at 9:38 PM ^

Couldn't happen to a nicer guy...

/s

And I agree... I have to get one of those human-sized bags of movie theatre popcorn every time the NFL puts up this fascade of "player safety" and "protecting the shield".

yoyo

May 17th, 2012 at 9:41 PM ^

is the fact that they kept on doing it when the NFL found out and did whatever they could to lie their way out of it.  I guarantee if they came clean from the beginning and made amends, they get minor suspensions and the coaches, aside from greg williams, miss no time.  In the end, if they figure out a deal with brees, they're still one of the top teams but their morale took a massive hit.

BiSB

May 17th, 2012 at 9:43 PM ^

This lawsuit has absolutely no chance of winning. I'd be shocked if it survived a motion to dismiss.

Vilma is a public figure, so to win a defamation suit, he has to prove that Goodell acted with actual malice (i.e. he knew the statements were false, or acted with reckless disregard for the truth). There's no way he can establish that.

dennisblundon

May 17th, 2012 at 9:44 PM ^

I can't stand Goodell. It would be nice to see him lose some money for once instead of the other way around. Football is a violent sport and players are compensated for this. It's the same reason the guy that works on high voltage or coal miners are paid well, it's dangerous. You know the risk but the money out weighs the risk.

dennisblundon

May 17th, 2012 at 10:15 PM ^

No the players that receive the fines lose money, it would be nice to see the roles reversed. Yes that is the main reason but the amount is also greater because of short career spans. Players wouldn't hold out for a few million if they could play until they were 63. Injury and just natural body break down is part of all athletics.

cheesheadwolverine

May 18th, 2012 at 1:38 PM ^

I don't know.  Bettman is way more serious about head injuries and player safety, but insists on the ridiculous idea of hockey in places where no one cares, so I'll give that to Goodell.  Don't know enough about the NBA to comment.  And I've never really understood why everyone hated Bud Seilig.

dennisblundon

May 18th, 2012 at 6:57 AM ^

Some hits are clearly worthy of a fine but football is fast paced and some of these fines are bullshit. If I am a safety trying to tackle a RB, I must get lower than the RB to have a chance to take him down. So I must lower my striking point in order to do this causing me to lower my head. The RB knows if he gets lower he can run me over, we both react in a split second and you have helmet to helmet contact. As long as football is played this will happen.

OuldSod

May 18th, 2012 at 6:36 PM ^

Corporations/industries often fail to disclose risks, attempt to prevent or mitigate risks, train their employees, or provide the necessary personal protective equipment.  Coal mining is an excellent example.  The Massey explosion in 2010 could have been prevented, but Massey deliberately falsified safety reports.  Best industry practice following  a high potential hurt near miss in one mine would be to have an immediate safety stand down in all mines, to communicate what happened and the root cause determined by the incident investigation. Dozens of people died because the company deliberately failed to disclose.  It is true that  you assume some risk in taking those jobs, but the employer must disclose and if a risk increases,  take steps to prevent or mitigate it or they are negligent.  

In football, there is an assumed risk that you can be injured, under the assumption that the opponent's intent (on defense) is to stop the advancement of the football.  If the opponent's intent changes to deliberately injure you, the risk has increased.  However, that increased risk was not disclosed.  If the NFL knew the risk had increased, they would have the responsibility to implement preventative and mitigative measures to decrease the risk (either the probability, consequence, or both) to the previous level. There is a name for this in HSE: management of change.  As employees of the NFL, each member of the Saints had the obligation to report that the working conditions had changed and that there was an increased risk of injury. If that is not part of labor union policy or NFL policy, then they have a shitty safety management system and have a gaping hole leaving them liable in lawsuits.      

In any other industry, if you or your coworkers deliberately engaged in actions that increased the risk to others, you wouldn't be suspended but terminated.  Moreover, if you observed a change in condition that increased risk but did not speak up, you could be terminated if that increased risk had high potential.  Most large corporations have this encoded in their HSE policies.  NFL players are professionals.  There is no reason we should not hold them to the same professional standards that you are I are held to.

LSAClassOf2000

May 17th, 2012 at 10:46 PM ^

When you pretty sure you're going to lose the appeal on your discipline, you sue your employer. This generally doesn't work, mainly because your employer would settle in a cold minute if they didn't actually have a case unless management was a dim bunch. 

When represented employees like those in the NFLPA grieve discipline, and someone such as myself in management denies the grievance, it sometimes goes to a hearing and this is where you basically have to show your hand to either Labor Relations (whatever the equivalent is in the NFL) or an arbitrator or, if you really have someone itching for a fight, the NLRB (THAT one was exciting). 

Anyway, if I am Goodell and made such allegations without voluminous documentation to support the case, I would end up being the guy in hot water. Even in the corporate world, Legal keeps an ear to Labor and Employee Relations, and I don't doubt Goodell had someone go over what the  league had just in case. We do that too sometimes. 

To be fair, this also represents a failure within the management of the Saints and any punishments doled out by ownership, up to and including terminations, are probably appropriate in some cases. 

 

NFG

May 17th, 2012 at 10:22 PM ^

It wasn't any comment that tarnished Vilma's reputation, but the fact that he paid others to physically inflict pain during games. Be a man and own up to your actions. I am sick of people not taking responsibilty and blame others.

mGrowOld

May 17th, 2012 at 10:42 PM ^

I understand Vilma's reaction.  His boss got warned and ignored it but he didnt and they are both facing the same one year ban.  Why didn't he get a warning like the coaching staff apparently did?  And why exactly did the coaching staff get a warning in the first place - why wasnt this dealt with immediately once uncovered?

I think his complaints have merit.

 

JimLahey

May 17th, 2012 at 10:55 PM ^

Yeah, Goodell is hindering Vilma's ability to make a living. This coming from a guy who ran a program whose sole intent was to hinder other people's ability to make a living by injuring them. Fucking hypocrite.

justingoblue

May 17th, 2012 at 11:09 PM ^

up the entire Saints locker room to subpoenas and depositions about the whole bounty system? Seems like if it does, the NFL got a gift with a bow on it, especially if Vilma goes on to lose the suit.

Tater

May 18th, 2012 at 12:11 AM ^

Goodell is a tool, but he did get this one right.  As for Vilma, he is pretty much throwing an aerosol can onto an open flame here.  Every player he hurt the last few years could decide to  sue him if litigation becomes the norm for this issue.  

 

 

SHEAR WIZARDRY

May 18th, 2012 at 7:10 AM ^

helmet-to-helmet hits in College Football, I wonder if the NCAA will impose some form of punishment at some point to those who are found guilty of deliberately leading with the helmet/making contact with head?

 

LightTheLamp

May 18th, 2012 at 7:10 AM ^

Drew Brees I would sit this season out if the contract situation isn't resolved. He had no reason to even want to take all the hits he would this coming year

Roachgoblue

May 18th, 2012 at 8:20 AM ^

Why in the hell can't I get Scooby Doo out of my head every time I hear Vilma's name? I need to lay off the pcp or something. Mgodocs please help! Signed, Tripping in Nebraska