The Redskins’ 2012 salary cap penalty is back in the news again.
“The U.S. Court of Appeals for the Eighth Circuit has overturned a decision by Judge David Doty dismissing the NFLPA’s effort to claim collusion against the NFL made in the wake of the salary-cap penalties imposed on Dallas and Washington in 2012.
“The case is now expected to proceed to the discovery process, which will force the NFL to disclose information about whether and to what extent teams were told to treat the uncapped year of 2010 under the prior labor deal as something other than, you know, an uncapped year.”
The refusal of the Redskins to follow whatever unwritten rules there were in place regarding player spending during the uncapped year led to them being penalized a total of $36 million in cap room. Those penalties were split between the 2012 and 2013 league years.
The Cowboys were also hit with a $10 million penalty.
This ruling sends the case back to the court of Judge David Doty where the NFLPA will try to show that the NFL acted illegally in setting up a “secret” salary cap when there was not supposed to be one in place.
Before Redskins fans have thoughts of the team regaining any or all of the penalized cap space they need to consider a couple of things:
--The NFLPA has a tough road ahead. The union signed off on the agreement to penalize the Redskins and Cowboys. In addition, the 2011 CBA has language that keeps the union from bringing up collusion charges for anything that happened prior to the agreement. That would include, of course, anything that took place in 2010.
--Even if the NFLPA prevails, it’s not clear that the Redskins would benefit in any way. As a member of the NFL, they are among those being sued. If the union wins, the Redskins lose.
You can’t rule anything out when it comes to court and perhaps the Redskins could get some cap room back as part of a settlement. But that seems to be very much a long shot.