Arbitrator sends Kaepernick’s grievance against National Football League to trial | Columbus Ledger-Enquirer

Ruben Hill
September 4, 2018

Colin Kaepernick's collusion case against NFL team owners has been cleared to go to trial, after an arbitrator rejected a request by the league to dismiss the complaint.

Kaepernick's decision to protest during the national anthem sparked other social inequality protests from players around the league over the last two-plus seasons.

A source tells PFT that further discovery is expected, meaning Kaepernick and his attorney Mark Geragos will have more opportunities to gather information about any dealings inside the league that left to Kaepernick being kept out.

Kaepernick already had a deal with Nike that was set to expire, but it was renegotiated into a multi-year deal to make him one of the faces of Nike's 30th anniversary "Just Do It" campaign, according to a person familiar with the contract.

Under the CBA, Burbank is empowered to award Kaepernick compensatory damages, based on the economic harm suffered by Kaepernick, and additional damages that would be a multiple of the compensatory damages if he finds that the league and teams improperly colluded to keep Kaepernick from being signed.

Kaepernick filed a grievance against the NFL in October accusing the owners of conspiring to not offer him a new contract because of his decision to protest during the playing of the national anthem. The NFL had filed a motion to get the collusion case dismissed, which resulted in Kaepernick's team having to resubmit their depositions. The protests grew during the 2017 season with players protesting en masse.

But the league and union put that on hold after the Miami Dolphins faced backlash for classifying the protests as conduct potentially detrimental to the team - putting players at risk of fines or suspensions. He was released by the team when the 2016-17 season concluded and has yet to be signed by an National Football League franchise since.

Elway did not say explicitly that he shunned Kaepernick because he protested during the anthem. The cases ended in a settlement worth $280 million. But Kaepernick's lawyers contend that the quarterback was still talented enough to play in the N.F.L., and that he was willing to be a backup. The case hinges on whether owners worked together rather than decided individually to not sign Kaepernick. A former Pro Bowler, Reid also remains unsigned.

Other reports by Click Lancashire

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