WASHINGTON - MARCH 9: Kevin Mawae, NFLPA President. The NFLPA approved the cap penalties, making the challenge somewhat difficult.
The NFL has asked University of Pennsylvania Professor of Law, Stephen Burbank, to dismiss the challenge put forth by officials in the Redskins and Cowboys' front office. Burbank will act as the arbitrator in this case.
The grounds for dismissal, the NFL feels, are based on the acceptance of the cap penalties by the NFL Player's Association. The hearing, at this time, is scheduled for May 10, 2012.
The imposed salary cap reductions were levied upon the Redskins and Cowboys because of the way they structured contracts during the uncapped (2010) season. Most notably (for the Redskins) DeAngelo Hall's and Albert Haynesworth's. Overall the salary cap reductions have cost the Redskins $36 Million over the next two years.
The worst part, is that the damage may already have been done. Aside from the [somewhat] large contract signing's of Pierre Garcon and Josh Morgan, the Redskins haven't made many ripples in the Free Agency water. The recent re-sign of defensive captain London Fletcher was also thought to have been delayed due to the cap penalties.
Technically, the Redskins and Cowboys violated no official law, and according to those familiar with the case, should not be penalized for violating a ‘gentleman's agreement' laid out before the 2010 season asking teams not to take advantage.
My personal opinion is just that, the Redskins and Cowboys haven't violated any law, and therefore should not be penalized. There were teams that took advantage of the uncapped season in different methods. The Tampa Bay Buccaneers, for instance, exploited the uncapped year in spending very little (somewhere in the ballpark of $80 million). Being an unCAPPED year, it also had no floor. The year before (2009) having a floor of about $112 million. Tell me, who affected the competitive balance more?
This issue has gone on long enough. In fact, it was long enough right when the NFL reared it's ugly head and mentioned it ONE DAY before NFL Free Agency began. At this point, it doesn't even matter if it's appealed or challenged, because the damage is done.
The Redskins, however, will drive on.
Follow me on Twitter @ArmyRedskin
Check out more of my stuff on my website, The Burgundy Warpath