Friday, April 06, 2007

Oakland Raiders Seek To Reopen NFL Lawsuit - My Take

Raiders seek to reinstate $1.2 billion suit against NFL
Bob Egelko, Chronicle Staff Writer
Tuesday, April 3, 2007
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(04-03) 12:08 PDT SAN FRANCISCO -- The Oakland Raiders will be looking to snap a legal losing streak Wednesday when they ask the state Supreme Court to reinstate a $1.2 billion suit that accuses the National Football League of forcing the team out of Los Angeles in 1995 by sabotaging plans for a new stadium.
The court's ruling, due in 90 days, isn't likely to affect the team's location -- its lease in Oakland runs through 2011, and the Raiders and the Oakland-Alameda County Coliseum Authority have expressed interest in negotiating an extension.
But the verdict could resolve Raider headman Al Davis' long-standing claim that his plans to keep the team in the larger and more lucrative Southern California market were undermined by league officials' ill-will toward him.
The Raiders moved from Oakland to Los Angeles in 1982 after winning an antitrust suit against the NFL, which opposed the shift. They returned to Oakland in 1995 after trying to relocate from the cavernous Los Angeles Coliseum to a planned new stadium at Hollywood Park in suburban Inglewood, which was never built.
A separate legal dispute with Oakland authorities began two years later, when city and county officials accused the team of trying to break its lease and the Raiders countersued for fraud, claiming they had been misled about advance ticket sales.
The Raiders sought $833 million in that suit, but a Sacramento jury awarded them only $34.2 million, and a state appeals court wiped out those damages in November. The court said the team had waived its right to sue when it negotiated a new contract with the Oakland Coliseum in 1996 after learning the truth about slow ticket sales.
In the case to be heard by the high court Wednesday in Los Angeles, the Raiders claimed that the NFL caused the Hollywood Park negotiations to fail by insisting on unacceptable conditions, including a requirement that the Raiders share the stadium with another team.
The lawsuit sought $500 million in damages for the failure of the stadium deal and $700 million for the right to put a new team in Los Angeles, which has not had an NFL franchise since 1995.
After a 10-week trial, which included five days of testimony by Davis, a Los Angeles jury issued a 9-3 verdict in 2001 finding no wrongdoing by the NFL. But Superior Court Judge Richard Hubbell granted the Raiders a new trial in 2002, finding jury misconduct.
According to juror declarations submitted by the Raiders, one panel member said during deliberations that he hated Davis and the team, and would never award them damages, because he once lost a bet on them. Another juror, a lawyer, told her fellow panelists about the legal rules they had to follow in a way that differed from the judge's instructions, the Raiders said.
The first juror said in a declaration that he had only been joking to ease tensions in the jury room, and the second juror denied giving legal instructions to others. Hubbell did not specify which actions were misconduct.
His ruling was overturned in June 2005 by a state appeals court, which said the Raiders had failed to show that either juror did anything wrong. The court quoted several jurors as saying they had never heard any expression of bias from the juror who supposedly hated the Raiders. The second juror's denials were supported by other jury members, the court said.
"When faced with such conflicting evidence, courts generally deny motions for a new trial,'' because the losing side in the case has the burden of proving that the jury verdict should be set aside, the three-judge panel said.
But the Raiders' lawyers said conflicts in the evidence must be resolved by the trial judge rather than by an appellate court, which reviewed only a written record.
"There is substantial evidence of egregious and prejudicial juror misconduct,'' the team's attorneys said in written arguments to the state Supreme Court. They said only Hubbell, the trial judge, could determine who was telling the truth -- the juror who said he was joking about hating the Raiders, or other jurors who said it didn't appear to be a joke.
Lawyers for the NFL countered that Hubbell's failure to specify the juror misconduct prevented any meaningful review of his ruling by a higher court and justified the appellate panel's reinstatement of the jury verdict. The Raiders' lawyers replied that the high court, if it has any doubts, should return the case to Hubbell to clarify his ruling.
The case is Oakland Raiders vs. National Football League, S132814.

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Me:

With all due respect to Mr. Davis, he's misguided on this.

The basic problem is that the documents show Mr. Davis tried to play both sides -- NFL and Oakland -- in a way that he got the stadium he desired.

It's well-known amoung those like me who were first covering the issue and later -- in my case -- involved in it, that Mr. Davis stalled signing the Oakland agreement to see if he could get a better deal at Hollywood Park.

I do wish the organization wasn't so populated with "yes" people, as they're not countering the perceptions Mr. Davis is coming up with.

I understand he hates to lose, but the Raiders made a TON of tactical errors in this case, and didn't gain my support as some of the people were trying to undermine our Super Bowl - Oakland effort.

Attacking the NFL just reopens that case, BUT now with a twist -- they lost to Oakland. The Raiders tried to tie them together at first, but that did not work at all. In other words, we sue the NFL for tampering with our Oakland move, then sue Oakland for not giving us all we believed we were getting.

But now, Oakland's given them what they wanted, and because of that it was clear the NFL was not tampering, but the Raiders were creating the climate for things to look that way.

Not right at all.

Now, Mr. Davis wants to unravel all of that, and have egg on the face of the team yet again.

All I can say is his evidence better be water-tight this time.

I seriously doubt it is.

Thursday, April 05, 2007

Don LaFontaine, John Leader, Al Chalk, Mark Elliot, and Nick Tate - Video

Wow. Check out this video featuring the greatest movie voices of the modern age of movies.

It features Don LaFontaine, John Leader, Al Chalk, Mark Elliot, and Nick Tate, all off to the Key Awards.

FON - Wifi Network I Just Joined

I'm preparing to go to New York for the NFL Draft, and I'm concerned that we may be without wireless service at Radio City Music Hall. In search of a backup plan in case the standard service gets giggy, I stumbled onto and joined the FON Network.

The basic idea is that with a small wireless device you can join any other person's FON network anywhere in the World. I'll let you know more as I delve into it. Right now, I'm pretty excited about it.

There seem to be a number of FONers in Oakland, including six within a mile of me.

Passing Run and Shoot

Wednesday, April 04, 2007

Senator Barack Obama - Raises $25 Million To Shock Hillary Clinton!

Much as Muhammed Ali promised to shake up the World, Senator Barack Obama's run for president is doing just that. This report is just amazing and proves that this campaign is for real, with power and legs!

Obama Raises $25M to Rival Clinton Camp
By NEDRA PICKLER

The Associated Press
Wednesday, April 4, 2007; 1:28 PM

DAVENPORT, Iowa -- Democrat Barack Obama raked in $25 million for his presidential bid in the first three months of 2007, placing him on a par with front-runner Hillary Rodham Clinton and dashing her image as the party's inevitable nominee.

The donations came from an eye-popping 100,000 donors, the campaign said in a statement Wednesday.

Democratic presidential hopeful U.S. Sen. Barack Obama talks to a crowd at the VFW during a campaign stop in Rochester, N.H., Tuesday, April 3, 2007. (AP Photo/Jim Cole) (Jim Cole - AP)

The figures were the latest evidence that Obama, a political newcomer who has served just two years in the Senate, has emerged as the most powerful new force in presidential politics this year. It also reinforced his status as a significant threat to Clinton, who'd hoped her own $26 million first quarter fundraising total would begin to squeeze her rivals out of contention.

The campaign reported that the figure included at least $23.5 million that he can spend on the highly competitive primary race. The Clinton campaign has yet to disclose how much they can use for the primary verses money that is designated for the general election.

While Clinton has honed a vast national fundraising network through two Senate campaigns and her husband's eight years as president, Obama launched his bid for the White House with a relatively small donor base concentrated largely in Illinois, his home state. But his early opposition to the Iraq war and voter excitement over his quest to be the first black president quickly fueled a powerful fundraising machine.

Since he formally declared his presidential campaign in February, Obama has been traveling the country with a focus on urban areas where he could build his momentum and bring in new donors. He attracted big-money Hollywood and Wall St. executives along with families who came out to his stops in places like Oklahoma that sometimes are neglected by other candidates.

More than half the donors contributed via the Internet for a total of $6.9 million, the campaign said.

"This overwhelming response, in only a few short weeks, shows the hunger for a different kind of politics in this country and a belief at the grassroots level that Barack Obama can bring out the best in America to solve our problems," said Obama finance chairwoman Penny Pritzker.

Donors are limited by law to contributions of $2,300 for the primary election, but Clinton, Obama and some other candidates also have been raising money for the general election. That allows them to take another $2,300 from each donor, but the money has to be returned if they don't win the nomination.

Clinton's campaign often solicited the $4,600 donations, while Obama's campaign focused on recruiting small dollar donors. In the coming months, he can return to those donors and ask those who haven't maxed out to give more.

Unlike Clinton, Obama says he doesn't take money from the lobbyists or political action committees that are frequent contributors on other campaigns.

Clinton campaign manager Patti Solis Doyle said, "We are thrilled with our historic fundraising success and congratulate Senator Obama and the entire Democratic field on their fundraising, which demonstrates the overwhelming desire for change in our country."

Obama was visiting Iowa Wednesday, holding an evening rally at a community college in Mason City.

Among the other Democratic candidates, aides to former North Carolina Sen. John Edwards said his $14 million in new contributions included $1 million for the general election.

New Mexico Gov. Bill Richardson said he had raised $6 million and had more than $5 million cash on hand.

Aides to Connecticut Sen. Chris Dodd said he raised more than $4 million and transferred nearly $5 million from his Senate campaign, for a total of $9 million in receipts and $7.5 million cash on hand. Delaware Sen. Joe Biden lagged behind, with his staff reporting that he had total receipts of nearly $4 million, nearly half of which was transferred from his Senate campaign account.

Edwards, speaking to Davenport, Iowa, television station KWQC, complained that the pressure to raise huge sums was distorting the political process.

"We should actually be publicly financing these campaigns," Edwards said. "We shouldn't be doing these money contests. They're not healthy, they're not good for democracy. Public financing is the answer.

"While we still have this system, you have to compete the best way you can. What's clear is I think we're going to have at least three candidates on the Democratic side who have plenty of money to run a very serious campaign."

Among the Republican candidates, former Massachusetts Gov. Mitt Romney was the top money-raiser with $23 million, another eye-catching sum that place him in the same league with Clinton and Obama and left his GOP rivals in the dust.

Former New York City Mayor Rudy Giuliani raised $15 million for the quarter, while Arizona Sen. John McCain posted $12.5 million. Giuliani leads the GOP field in national popularity polls, followed by McCain.

Tuesday, April 03, 2007

Goodell Meets with Jones, Henry, Union Leaders

Jones, Henry, union leaders all meet with NFL chief
By DAVE GOLDBERG, AP Football Writer

NEW YORK (AP) -- NFL commissioner Roger Goodell and league officials met with Adam "Pacman" Jones Tuesday as the Tennessee Titans' cornerback attempted to avoid a long suspension following a series of arrests.

Goodell and his staff also met with Cincinnati wide receiver Chris Henry and members of the NFL Players Association executive board as he prepared a tougher policy on NFL players who violate the law.

Goodell has said he will announce his decision on suspensions or other disciplinary action before the draft on April 28 and perhaps in the next 10 days.

The NFL had no comment and lawyers for the players had no immediate response. The meeting with the players was held away from the NFL offices where six television cameras stationed themselves with no one to interview.

The Titans couldn't add much either Tuesday night.

"We have not heard anything from the NFL office," Titans general manager Mike Reinfeldt said.

Goodell also met with Gene Upshaw, executive director of the NFLPA and other union officials as he tried to get a consensus for his policy. Upshaw also has been critical of player misbehavior.

Henry is one of nine Bengals who were arrested last season, leading to calls for a crackdown on player behavior. But Jones has become the focus for Goodell, who took over as commissioner in September and has been preoccupied by the issue almost from the start of his tenure.

"It went pretty good, to have the chance to meet the commissioner face to face," Henry told The Cincinnati Enquirer. "I just wanted to explain my situation to the commissioner and move on. I told him I was learning from my mistakes and how to handle myself in a better manner."

Since being drafted in April 2005, Jones has been arrested five times and questioned by police in 10 episodes. Last week, Las Vegas police recommended he be charged with a felony and two misdemeanors for his role in a Feb. 19 strip club fight that led to a triple shooting.

His lawyer, Manny Arora, did not return calls or e-mails from The Associated Press. However, he told the Nashville Tennessean on Monday: "I fully expect him to be part of that team when the season kicks off in September.

However, Jones' former agent, Gary Wichard, told the AP that he thinks Goodell could be hard on Jones. "In the commissioner's mind, he's trying to make a statement because the league needs this," Wichard said.

That seems to be the general consensus around the NFL -- that the problems have gone too far. Henry, Jones' teammate at West Virginia, was suspended by Goodell for two games last season and could face more discipline after serving two days in a Kentucky jail for letting minors drink in a hotel room he had rented.

AP Sports Writer Teresa Walker in Nashville contributed to this story.

NFL INTERNATIONAL TO FOCUS ON LONDON 2007: CHINA PRESEASON GAME RESCHEDULED FOR 2009 CHINA PRESEASON GAME RESCHEDULED FOR 2009

NATIONAL FOOTBALL LEAGUE
280 Park Avenue, New York, NY 10017
(212) 450-2000 * FAX (212) 681-7573

WWW.NFLMedia.com
Joe Browne, Executive Vice President-Communications
Greg Aiello, Vice President-Public Relations

FOR IMMEDIATE RELEASE
4/2/07

NFL INTERNATIONAL TO FOCUS ON LONDON 2007:
CHINA PRESEASON GAME RESCHEDULED FOR 2009

The NFL has determined that it will focus its global resources this year on its first overseas regular-season game --
to be held on October 28 in London, England, with the Miami Dolphins hosting the New York Giants.

The American Bowl preseason game in China, originally set for August 9 in Beijing between the New England
Patriots and Seattle Seahawks, will be rescheduled. Working in partnership with the Beijing municipal authorities,
the NFL will plan to play a game at the National Stadium of Beijing in August of 2009.

“The regular-season game initiative was approved by NFL ownership after we announced the China Bowl.
Therefore, we will focus this year’s efforts on the regular-season game,” commented MARK WALLER, senior vice
president of NFL International.

“Our assessment is that Chinese fans would be better served if our game in China is played at a later date after we
have launched our international series of regular-season games and more effectively paved the way for the
introduction of our game into China,” added Waller. “As a new sport in China, it is critical that we create the best
platform for the introduction of the game. We are delighted Beijing authorities have agreed with our assessment
and have invited us to play in Beijing in 2009.”

NFL International is presently establishing an office in Beijing and will partner with the city to build fan interest in
American football prior to the 2009 flagship event.

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