But she does not know if she will be able to rule on the matter before the appeal of Burbank’s decision on August 30 before the newly constructed NFL appeals panel.
She stated the players exhausted their remedies before RG and agreed that to pursue an appeal would have yielded jurisdiction to RG. The NFLPA had advised the players prior to the players’ hearing RG did not have jurisdiction to hear the matter and to proceed would yield the point.
Berrigan again questions whether she can do anything before Aug 30 appeal of the Burbank decision. “If I can find a way to legally do it, I will rule in Vilma’s favor.”
Ginsberg argues she does have jurisdiction because RG intervened in the appeals process by having the players’ hearing before the Burbank decision had been properly appealed. Thus the suspensions should not stand because RG decided to circumvent the appeal of the Burbank decision. RG cannot claim legitimacy because he usurped the process.
Ginsberg states every day Vilma not with his team and able to rehab and be integrated into the team’s defensive plan, he is irreparably harmed. Even if Vilma wins cases in the future, every day now counts. Berrigan indicates she believes Vilma has shown irreparable harm.
Ginsberg believes Vilma will win defamation suit because RG had no duty under the CBA to specifically present evidence on the matter to the news media even before letter of suspension went to the players.