ICanSleepWhenI'mDead

I just knew there was a pony in there somewhere, and if I searched long enough I'd find it.

It will be interesting to see if the anticipated global settlement of all disputes between the NFL and the players results in the extension of the Minnesota federal court's oversight of their collective bargaining relationship (via extension of the SSA). The 2006 CBA is VERY long, but based on a few key word searches I tried, it does not appear to contain language identical to the SSA language that Judge Doty relied upon when making his ruling in the TV network contract case - - could be there though, because my search was kind of hit-or-miss. The NFL wants to get out from under the thumb of the Minnnesota federal court. When the NFL filed its first amended unfair labor practices complaint against the NFLPA with the NLRB on March 11th, it specifically charged that the union comitted an unfair labor practice by, among other things, conditioning contract proposals on an extension of the SSA to allow continued oversight of the bargaining relationship by that court. http://www.ca8.uscourts.gov/nfl/ca8_live.11.cv.1898.3781689.15.pdf If the NFL succeeds in escaping Minnesota federal court oversight of the anticipated new CBA, the NFLPA may not have the same type of contractual language in its favor in the future, and might wind up in some other trial court or in front of an arbitrator in any future dispute with the NFL. The parties' rights under the new CBA might be independent of the old SSA language - - it all depends on the exact terms of the new CBA.

Are you under the impression that the nonstatutory antitrust law exemption applies (i) only to business conduct authorized by the collective bargaining agreement ("CBA") between the NFL and the NFLPA, but (ii) not to business conduct authorized by the CBA between Ford Motor Company and the UAW? Because if it applies to both situations, then the US auto business is based just as much on a "social compact" (to use your term), and is just as much a "socialist enterprise" (to again use your term) as the US football business. If you dislike the whole idea of favoring labor laws over antitrust laws when the two are in conflict, that's arguably rational (even though it's not current US law), but the idea that the courts apply one set of legal concepts to football CBAs and a different set of legal concepts to auto industry CBAs seems like a flawed premise to me. Wish I could find my vacuosity meter . . . I can never find the thing when I need it!

http://latimesblogs.latimes.com/lanow/2011/07/la-downtown-nfl-stadium-city-hall.html New LA stadium is far from being approved, but even if it is: "AEG is aiming to have the stadium ready for the 2016 NFL season ..." When the new CBA gets signed, isn't it about time for the Bills and Erie County to start negotiating another extension of the stadium lease? Sure would be nice if it tied the Bills to Buffalo for a while, and had a bigger "buy-out" clause than the current one.

I'm an anonymous voice on the Inter-web making no claim to any particular education or experience, but I've seen the 2006 CBA. Here's a copy: http://images.nflplayers.com/mediaResources/files/PDFs/General/NFL%20COLLECTIVE%20BARGAINING%20AGREEMENT%202006%20-%202012.pdf Judge Doty actually decided the "network TV case" based on language in a settlement agreement made between the players and the NFL that was entered a long time ago (and has been amended several times since then) in a case called White v. NFL, over which the court retained jurisdiction. In a March 1, 2011 opinion, Judge Doty referred to that settlement agreement by the acronym "SSA." Here's Judge Doty's opinion: http://docs.justia.com/cases/federal/district-courts/minnesota/mndce/4:1992cv00906/57169/675/ You can read the entire opinion to see the reasoning for his decision in favor of the players, but here's the contractual SSA language at issue in the dispute (that Judge Doty concluded was breached by the owners): Judge Doty reached exactly the opposite conclusion from the Special Master who first heard this particular dispute. My brother Darryl thinks that means the issue wasn't entirely clear cut for either side.

Actually, although it was a while ago (2007), there is something on the record. See post #18 at: http://forums.twobillsdrive.com/topic/131497-john-wawrow-wr-donald-jones-on-coach-sal/ Unless Ralph leaves the team to a member of his "immediate family" (as that term is defined in the NFL Bylaws), the other NFL owners control who gets the team after Ralph passes.

Reggie Corner must be Doubly Doomed! Actually, it's just conventional wisdom that in that situation the team would be sold "to the highest bidder." Not the same thing.

From Beerball's link above: "Most likely, the new compensation structure will allow drafted players to renegotiate their contracts based on performance after three seasons" Players the Bills drafted in 2008 who would be affected by this - - Bell and especially Johnson must be happy: from http://www.buffalorumblings.com/2011/6/16/2226883/stevie-johnson-demetrius-bell-paul-posluszny-bills "1-11, 2008: Leodis McKelvin, CB, Troy. Just four of 10 players from the 2008 class remain in Buffalo, and it's sad that I feel happy that the team's first-round pick is one of them. It didn't help that he missed most of his second season due to injury, but McKelvin has not developed into the top-tier cornerback most expected him to be - and there's never been any question that he's physically capable of doing so. Some have questioned his focus. I can't comment on that, but on the field, McKelvin can be great, but he's far more likely to give up big plays and look lost. If the light ever stays on with this guy, he could be outstanding - he's flashed that ability. It's fair to not expect that to happen entering the fourth year. 4-114, 2008: Reggie Corner, CB, Akron. Corner was not even invited to the Combine coming out of Akron, and though we didn't poll readers back then, I'd imagine that he was one of the least popular Bills draft picks in this blog's lifetime. Serving mostly in a nickel and dime capacity in his first three years, Corner has been a valuable reserve and has made some big plays here and there. He's a known commodity - a hard worker that functions well as a deep reserve and specialist, but who can be exploited when he's on the field. 7-219, 2008: Demetrius Bell, OT, Northwestern State. It's been a rough ride for Bell, who has endured his struggles after being handed the starting left tackle job way too soon in just his second season - after he was inactive every week as a rookie. He hadn't played football until college, and wasn't ready to play NFL football by any stretch. Still, there he was, starting a season opener. The fact that he has emerged, over a year and a half of game experience, into a possibly-long-term left tackle is, to me, pretty remarkable - especially given his injury situation. I like this guy. 7-224, 2008: Stevie Johnson, WR, Kentucky. Johnson flashed ability as a little-used rookie, scoring two touchdowns and catching 10 passes. The team signed Terrell Owens, however, and Johnson saw his opportunities completely vanish in 2009. Almost immediately after he got another opportunity, he seized a starting job - and then he blossomed into the team's most marketable and productive player. He finished 2010 with 82 receptions, 1,073 receiving yards and 10 touchdowns. He's got a chance to be a real star."

Click your heels together three times while repeating to yourself - - We really DID draft Marcel Dareus, Toto, we really DID draft Marcel Dareus, so the run D will be better this year! Then take a deep breath and relax - - there is a third option. A person who is not part of the solution could be part of the precipitate. For 69 cents, you can buy a button on Amazon to proudly announce it. http://www.amazon.com/SOLUTION-PRECIPITATE-Science-Chemistry-Physics/dp/B003RDV470 One of my brother Darryls (the uppity one that knows how to play chess) has one and it looks great! But he shelled out $19.95 for the matching T-shirt, too, so maybe he ain't as bright (or as funny) as he thinks he is. http://www.snorgtees.com/if-you-re-not-part-of-the-solution Disclaimer - I did not ask the question, I merely answered it, and this has nothing to do with Toronto! Your mileage may vary. Possible side effects include dry mouth, cancerous brain tumors, persistent posting, halitosis, and LBs who can't cover TEs. Be sure to inform your doctor if you have repeatedly shattered your forearm, as 3 cone drills may be required before you can get a prescription. Any video of an ILB making a tackle behind the line of scrimmage was taken of a professional football player with a decent DL in front of him on a closed course football field. Do not try this at home or in Orchard Park in 2009 or 2010. Void where prohibited. It's my "Final Answer" (and I didn't use any lifelines). Does Poz win an extra 2.5 million dollars? Or did Merriman already get all the money? Oh yeah, almost forgot - - I'd keep Poz.

Question for PDaDdy: I don't have a dog in this fight, but I'm curious about something. You've made it very clear that you think risking at least $2.5 million in guaranteed money on Merriman was a bad decision, and told us why. I don't want to put words in your mouth, but I'm guessing that, hypothetically, if the Bills could have signed Merriman to a contract with ZERO guaranteed money, so that he could be cut at any time and the Bills would only be on the hook for his pro-rated salary for regular season games he actually played in, that you would be OK with that. In that hypothetical scenario, if he winds up being a bum, we could even cut him in training camp and ultimately pay him no more than any undrafted college free agent who likewise failed to make the final 2011 opening day roster. If my above-described guess is correct (it might not be), that leaves a lot of undefined middle ground. Is there any amount of guaranteed money to Merriman that you would have found to be an acceptable risk? $1? $100k? $500k? $1 million? All I know for sure is that you find a $2.5 million guarantee unacceptable. Your thoughts?

I hope the Bills stay in Buffalo after Ralph passes, but I'm less optimistic than you. Unfortunately, a niece doesn't fall within the 2006 NFL Constitution and Bylaws' definition of "immediate family" (a niece is not a "lineal descendant," and is not one of the other specifically enumerated relatives in the definition). Maybe the other owners would honor Ralph's wishes anyway, or maybe Ralph could get the provision amended during his lifetime, but by the letter of the 2006 NFL Bylaws, Mary Owens would need to be approved by a 3/4 vote of the other owners before she could take ownership of the team. Just my opinion, but that seems like a long shot, even assuming that Ralph silently changed his announced 2007 intention that the team will be sold after he dies. If you changed "left" to "arranged for his estate to sell" I would agree that this is our best chance at having the team stay in Buffalo. My concern is that the other owners aren't going to be making some sort of sentimental decision to honor Ralph's memory - - they are going to make a cold, calculated business decision based on what they see at the time as their best financial interest individually. There are plenty of people who might be able to outbid local WNY interests, and if there is even an equal bid from a market where the other 31 owners see higher future revenue than Buffalo, I don't think the other 31 owners will care what Ralph wanted. I don't see how the state and county politicians have much influence over the 29 other owners (excluding the Jets and Giants) that operate mainly outside NY state. I agree with you that negative publicity would be a factor in the owner vote, but the NFL spin doctors will point out how Ralph has been saying for years that it has been getting harder and harder for the Bills to be economically viable in Buffalo. If a higher bid comes in from Toronto, the NFL spin doctors will say the Bills are just moving within their existing market, as evidenced by the fact that X per cent of the season ticket holders are from Canada anyway and the team was already playing games in Toronto. Did the other NFL owners actually lose any money when the Browns left Cleveland? And did the other owners get much flack because the Browns moved? The departing owner was certainly villified in Cleveland, but how much flack did Al Davis or Ralph Wilson personally take because some OTHER owner decided to move his team? I'm guessing not much. If a WNY-based bid for the team is for an equal amount, and comes from people who are otherwise equally desireable, the publicity factor may break the tie in favor of a WNY bid. Just my personal opinion, but I don't see the publicity factor doing much more than that. Especially if no 2011 regular season games get cancelled, and the current lockout has been in the rear-view mirror for a while.

That's true, but there's a problem. 1. In a 2007 interview, Mr. Wilson announced that he will not be leaving the team to his wife or his daughters, and that the team will be sold after he passes: http://www.nflgridirongab.com/2007/06/17/ralph-wilson-says-he-wont-sell-the-bills/ 2. Here's what the relevant part of the 2006 version of the Constitution and Bylaws of the NFL says about transfer of membership in the league - - it controls ALL transfers, whether during Ralph's life or after his death: http://static.nfl.co...ers/pdf/co_.pdf [see Article III, section 3.5("Transfer of Membership"), specifically at pages 8/292 through 9/292] 3. So if the team is going to be sold after Ralph dies, like Ralph said it would back in 2007, then control over who becomes the next owner of the Bills lies with the other NFL owners, not with Ralph. Maybe Ralph's never identified who the next owner of the Bills will be simply because he realizes that if he doesn't leave the team to a "member of the immediate family," he can't control who it will be. If 24 of the remaining 31 NFL owners want to accept Mr. Magoo's offer to buy Ralph's controlling interest in the team from Ralph's estate, and move the team to Timbukthree, guess what happens? 4. Can NY politicians influence the vote of enough of the other 31 NFL owners to prevent Mr. Magoo's offer from getting 24 approval votes? Maybe. I suppose the Jets and Giants have close enough ties to NY to be influenced by NY politicians, even though their new joint stadium is in NJ. But the NY politicans will need to get a total of 8 "NO" votes to scuttle the Mr. Magoo deal. Where do they get the other 6?

The Oakland stadium deal apparently was also negotiated at roughly the same time as the one in Cincinatti, and was likewise bad for taxpayers: http://www.nytimes.com/2011/04/15/us/15bcoakland.html When you see the kind of sweetheart deals that NFL teams negotiated in an era of team relocations, it makes you wonder if the NFL will continue to be satisfied with the mere threat that some team will move to LA, or if they would prefer an actual relocation to help them ratchet up the pressure on other local governments for new stadiums or stadium improvements.

There are no other CBs in his category. The guy was relatively small but f'in amazing in run support. My favorite memory of him was a game where a very BIG rb caught a swing pass out of the backfield needing only a yard or two for a first down, and Winfield just blew the guy up, AFTER the rb turned and got up a north/south head of steam. The rb didn't get an inch after contact, and the first thing to hit the ground was his head. He was also a really good cover guy, but never got many INTs because he had hands of stone. I was VERY sad to see him go. FWIW, I'm not a big fan of Mel Kiper, but I think Mel described Aaron Williams, our 2nd round CB this year, as the highest rated run-support CB in the last 5 years - - or words to that effect. So let's hope he can become the second guy in Winfield's "category."

Not true - in that scenario its $8.25 million (per Mark Gaughan article).

If the team can evaluate Merriman's current abilities before the 2011 first game roster is finalized, and decides to cut him, then he will have cost the team only $2.5 million. Are you confident that the team will be able to make the necessary evaluation that quickly? In my view, the team eventually made the right decisions about Trent Edwards and Cornell Green last year, but not until each had played some regular season games. We still don't know if we will have a shortened preseason schedule this year, so the team may have even less opportunity than usual to evaluate players in game situations before making final 2011 roster decisions. The Mark Gaughan article says only $8 million ($4 million in 2011 and $4 million in 2012) of the total $18.5 million 2 year contract compensation is attributable to performance-based incentives. The other $10.5 million (1) is totally independent of how he performs during games, and (2) doesn't even require him to be on the field for a single snap. If Merriman returns to Pro Bowl form, it's a good deal. But when will we know? If he turns out to be healthy enough to pass a 2011 physical, but the team can't properly evaluate his game-day performance until after the 2011 regular season starts and keeps him on the first game roster anyway, then it's an $8.25 million gamble. I don't mind a $2.5 million gamble on Merriman - - but at $8.25 million I've got a few concerns. I hope it works out - - we'll see.

Here's what the Bucky Brooks article says: "In fact, the team is so committed to the idea of Merriman returning as a full force it signed him to a two-year, incentive-based deal that could average $9.25 million annually, with $2.5 million guaranteed in the first year of the deal." Thanks for the link. I think this is the Mark Gaughan article you referenced: http://blogs.buffalonews.com/billboard/2011/01/merriman-gets-good-guarantee.html It's a little hard to follow. Among other things, it says that the Merriman contract requires the Bills to pay him some "guaranteed" money that can be "eradicated" in some circumstances. Huh? If there are any circumstances that can eradicate Merriman getting the money, I wouldn't call that truly "guaranteed." In any event, the final sentence of the Gaughan article reads: "As long as he recovers from his Achilles tendon injury and is on the roster for the start of the 2011 season, he's going to get $8.25 million from the Bills." As I mentioned above, I hope he plays great, but that last sentence sure sounds like the Bills are on the hook to pay him $8.25 million even if all he does is (1) make the 2011 roster for the first game, and (2) get the same number of sacks as Maybin did last year.

You make some good points, eball, but there's one aspect about the contract numbers that I think a few people are missing . . . It's my understanding that base player salaries aren't guaranteed in the NFL, so those contracts generally work like this: Total compensation = guaranteed money + base salary + incentives The article says if Merriman hits all of his incentives, his total compensation for the 2 year contract will be $18.5 million (an average of $9.25 million/yr), with only $2.5 million of it guaranteed. If you subtract the guaranteed $2.5 million from his highest possible total compensation of $18.5 million over 2 years, you can determine that, over the 2 year term of Merriman's contract: Base salary + maximum incentives = $16 million. At least from Bucky's article, you can't really tell how much of the $16 million would be base salary, and how much of the $16 million would be from hitting maximum incentives. I haven't looked to see if a more detailed breakdown of Merriman's contract is available elsewhere, but I'm hoping that his base salary is close to the veteran minimum. I hope he plays great, but I can't tell anything from the Bucky Brooks article about how much of the non-guaranteed $16 million is base salary, and how much would be from hitting incentives. Does anybody know what Merriman's base salary is for this year or next?

No worries. I didn't want to explain before you had an opportunity to make the edit, and now an explanation is obviously unnecessary, so I'll skip it.

Hey there, The Senator! You caught me on a bad day, but you're a fellow Bills fan and I'm a big believer in the First Amendment, so I'm gonna do you a favor. It's totally up to you, obviously, but I strongly suggest you delete your post #51 in this TSW thread: http://forums.twobillsdrive.com/topic/131353-what-a-stadium-in-niagara-falls-would-look-like/page__st__40 If you actually do that, I'll explain why it's a good idea. OTOH, if you don't think "The Senator" can learn anything from an anonymous insomniac, I suppose there's no reason for you to change anything.

Not sure, but he's on Facebook - - I guess Thoner7's girlfriend speaks Chinese! http://www.facebook.com/people/Chan-Buddy/509031931

Hasn't been much in the media lately about the proposed sale of MLSE (that Larry Tanenbaum owns a chunk of) - - here's an update: http://www.citytv.com/toronto/citynews/sports/article/141231--grange-on-mlse-one-final-task-for-peddie "Teachers is said to be seeking $1.5 billion or more for their 79.5 per cent stake in the business they own with financier and MLSE chairman Larry Tanenbaum, but after a flurry of news -- including reports Rogers Communications Inc. was the leading candidate to buy the entity -- the deal isn't yet done. What has taken so long?"

Turns out the retired players have amended their complaint a couple times, so the version of the retired players' complaint I posted above in this thread is now obsolete. Just found a link to the "Second Amended Class Action Complaint And Crossclaims" that the retired players filed on 7/4/11: http://www.scribd.com/doc/59501850/Filed-Second-Amended-Retired-Football-Players-Complaint The retired players have now sued not only the NFL and its member teams - - they have also filed suit against (1) each of the named plaintiffs in the "Brady" suit, and (2) DeMaurice Smith and the NFLPA. BTW, Joe DeLamielleure is one of the retired players now specifically named as a retired player plaintiff. The "Prayer For Relief" has changed. I can't cut and paste it into this post, but you can read it at page 60 of the Second Amended Class Action Complaint And Crossclaims.

If San Diego hotel costs are an issue for anybody, I've saved some serious coin in the past by using this site to see what kind of Priceline hotel bids are likely to be successful (and sometimes what hotel you are likely to get with a "winning" bid): http://www.betterbidding.com/index.php?act=Search&CODE=show&searchid=b44682a05caca719d8271d1ed4904ec0&search_in=posts&result_type=topics&highlite=%2BSan+Diego A different area of the same site also has information that may enable you to uniquely identify a specific hotel that is being offered "opaquely" (at a discounted rate) on Hotwire: http://www.betterbidding.com/index.php?act=Search&CODE=show&searchid=21358e644e345bb7f9930095631fd23e&search_in=posts&result_type=topics&highlite=%2BSan+Diego

Personally, I'm ambivalent about the proposed trade, but you gave me this mental picture of Buddy Nix yelling "Start the car!"