Colin Kaepernick's media apologists are crowing about his Thursday summary judgment phase victory after an arbitrator ruled his collusion case against the NFL can move forward. Media are calling it a big blow for the NFL, a big victory for Kaepernick, claiming the NFL may want to settle the case and speculating on Kaepernick's attorneys deposing President Donald Trump prior to the trial. The regular season opens next Thursday, but the social justice-crusading Kaepernick is all the media rage.
Kaepernick has been an unwanted free agent since the end of the 2016 season, a year in which he ignited a firestorm by kneeling in protest of the national anthem. Last fall, he sued the NFL and accused owners of colluding to keep him out of the game. Following 10 months of depositions of owners and team and league officials, the NFL earlier this month asked arbitrator Steven Burbank to sack the case in a summary judgment. If he had ruled Kaepernick's attorneys failed to provide sufficient evidence, he could have ended the case. Instead he ruled that the case will go forward.
"Basically, he's seeing smoke," tweeted Charles Robinson who has reported extensively on the case for Yahoo Sports. "Huge blow to the #NFL."
Michael McCann, legal analyst for Sports Illustrated tweeted:
"A major victory for Colin Kaepernick in his collusion grievance. He's shown enough evidence to convince arbitrator there's a genuine issue of material fact. It doesn't mean he'll win, but it increases odds of that & could motivate NFL to settle."
The New York Times tweeted:
"Breaking News: In a blow to the NFL, Colin Kaepernick will be allowed to continue his case accusing the league of collusion to keep him off the field"
The continuation of the case means Kaepernick's attorneys can resume deposing NFL owners, prior to a full hearing. They may also try to depose President Trump as well, due to his criticism of the anthem protests and frequent tweets advising the league to punish protesters.
Robinson wrote, "Donald Trump still looms," adding: "Sources told Yahoo Sports that Kaepernick’s legal team was aiming to get a deposition from Trump regarding comments he has made to NFL team owners about protests and Kaepernick. That was prior to the NFL’s decision to seek summary judgment, which essentially closed off discovery and deposition requests.
”It’s unknown whether Kaepernick’s team will continue to pursue Trump, whose influence on owners has been a significant part of the depositions that have already taken place."
CBS Sports' John Breech criticized the NFL's strategy: "Calling for a summary judgment in this case was a big risk for the NFL, and it didn't pay off. If Burbank had sided with the league, then the case likely would have been thrown out. However, since Burbank sided with Kaepernick, the case will move forward with one big difference: Both Kaepernick's legal team and the NFL will know what they're up against. As part of the summary judgment, both sides were basically forced to reveal the key points in their cases, which means the NFL likely knows how Kaepernick is going to attack things and vice versa."
Deadline Hollywood's Dominic Patten raved, "The NFL’s Hail Mary hope that it could get Colin Kaepernick’s collusion lawsuit against the league and team owners tossed off the field has floundered with a week to go before the new season kicks-off.
"In what can only be viewed as the legal equivalent of a touchdown for the former San Francisco 49ers quarterback and instigator of protests by players over social injustice in America, the league and NFL Players Association appointed arbitrator has rejected the Roger Goodell led organization’s attempt to have Kaepernick’s case dismissed."
