Jeffrey Kessler Quoted on Appeal by NFL Players to Reopen Reggie White Case

Winston & Strawn partner Jeffrey Kessler was quoted in the article “Optimism After Hearing Over NFL Salary Cap Fight,” published by Sports Illustrated on January 14, 2014.

The Reggie White class of NFL players, represented by Mr. Kessler, is appealing a ruling by U.S. District Judge David Doty rejecting the players’ attempt to assert claims against the NFL for collusion in 2010, in violation of  the Reggie White class action settlement agreement, that set the rules of free agency in the NFL for more than 17 years before the NFL lockout in 2011. Mr. Kessler argued that, among other reasons, the claims had to go forward because there was no court approval of any release of the claims for absent class members, such as retired players.

The lawsuit asserts that the NFL imposed a secret salary cap during the uncapped 2010 season that cost players at least $1 billion. The case landed in appeals court after Judge Doty held he did not have jurisdiction to hear the claim in 2012. Mr. Kessler stated that players were offended by the NFL’s ''insinuation of gamesmanship'' being involved in the case and argued that the CBA ''has no relevance'' in the proceedings. The case now awaits a decision by the appellate panel.