By Mark Maske
Washington Post Staff Writer
Wednesday, October 10, 2007
The Atlanta Falcons secured a legal victory yesterday in their attempt to force suspended quarterback Michael Vick to return nearly $20 million in bonus money for violating his contract.
Stephen Burbank, the NFL's special master, ruled that a precedent established in a case involving wide receiver Ashley Lelie and the Denver Broncos did not apply to Vick's case. That clears the way for the Falcons to pursue $19.97 million in bonus money from Vick via a non-injury grievance before another arbitrator.
The players' union indicated in a written statement that it will appeal Burbank's decision to U.S. District Judge David Doty, who oversees the sport's labor deal.
Burbank, a University of Pennsylvania law professor, heard arguments in the case for more than two hours Thursday at the Penn law school and told the parties to expect a ruling this week. He did not specifically award the money to the Falcons yesterday but, in a nine-page decision, rejected the argument by attorneys for the NFL Players Association, representing Vick, that the Falcons were not entitled to a large portion of the money based on the Lelie precedent.
In that case, it was ruled that a provision in the sport's collective bargaining agreement prohibited the Broncos from retrieving money paid to Lelie in the form of an option bonus. The union's attorneys argued before Burbank last week that a roster bonus should fall into the same category and the Falcons therefore could not force Vick to return a portion of two roster bonuses in his contract. Burbank, who's in charge of resolving disputes between the league and the union arising from their labor agreement, disagreed.
"We have reviewed the decision handed down by special master Stephen Burbank and believe it is incorrect," the union said in its statement. "We will now appeal his ruling to Judge Doty in Minneapolis."
Vick signed a 10-year, $130 million contract with the Falcons in December 2004 that contained $37 million in bonuses, including a $7.5 million signing bonus and two roster bonuses totaling $29.5 million. The Falcons maintain that Vick is in violation of his contract and are seeking $3.75 million of his signing bonus and $16.22 million of his two roster bonuses.
The Falcons issued a written statement that said: "We are certainly pleased with today's ruling by NFL special master Stephen Burbank. It is the first step in a process that our club has undertaken in an attempt to recoup significant salary cap space that will allow us to continue to build our football team today and in future years."
Vick is on indefinite suspension by the NFL after pleading guilty to a federal conspiracy charge related to his participation in a dogfighting operation based at a property that he owned in southeastern Virginia. He is to be sentenced on Dec. 10. He also has been indicted on state charges.
Leinart Out, Rattay InThe Arizona Cardinals placed quarterback Matt Leinart on the injured reserve list, ending his season, and signed Tim Rattay to back up new starter Kurt Warner. Leinart had been the Cardinals' starter until suffering a broken collarbone during Sunday's victory over the St. Louis Rams. Warner had been playing regularly in a relief role. Rattay, a former starter for the San Francisco 49ers and Tampa Bay Buccaneers, was released by the Tennessee Titans before the season. . . .
The NFL suspended Cincinnati Bengals cornerback Johnathan Joseph for one game without pay for a violation of the substance abuse policy. He also was fined an additional game check. Joseph was arrested in January and found to have marijuana. . . .
The Buccaneers placed quarterback Chris Simms on the IR list. He hasn't played in a regular season game since undergoing emergency surgery to have his spleen removed following a game early last season.
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