Question
According to this scenario (no citations) what are 6 legal issues here? define them and how do they apply to the scenario? Recently, the NFL
According to this scenario (no citations) what are 6 legal issues here? define them and how do they apply to the scenario?
Recently, the NFL Commissioner suspended All-Pro defensive lineman, Jerk McClure (a known hothead on the new Los Angeles team, the LA Fairweather Fans, for 4 games because he a) stomped on Tom Brady's neck after sacking him, and b) threw his helmet into the stands when the referee called an unnecessary roughness penalty thereafter. The Commissioner cited his authority under the NFL Collective Bargaining Agreement to investigate and discipline any players for "conduct detrimental" to the League. Although it is standard procedure for the Commissioner to issue such penalties later in the week after a chance to review the game tape, in this instance, the Commissioner issued the suspension shortly after the game had finished.
Most experts believe that the suspension was issued so quickly because the helmet flew into a group of nuns that were attending the game with their wards from the local orphanage. The helmet struck a nun and severely injured her. The injury might have been a fairly minor one, but the emergency medic, a full-time team employee, misdiagnosed her symptoms. He told her that she had had the wind knocked out of her when in reality she had a collapsed lung. Had he made the correct diagnosis, she would have gone immediately to the nearest hospital by ambulance. However, because he misdiagnosed the injury, she did not go to the hospital until the game ended, when the full extent of her injuries became apparent. The delay means she will need multiple surgeries, rather than just one.
Given the bad publicity associated with assaulting a nun accompanying orphans, the NFL Players Association (NFLPA) decided not to appeal Jerk's suspension. Jerk has consulted a lawyer about a) suing the NFLPA, claiming that it has abdicated its responsibility to represent all players, and b) appealing his suspension independently of the NFLPA. After some research, his attorney has informed him that he may want to live with the suspension, rather than appeal it. She has found evidence that Jerk has been gambling on college football games all season AND has started using a banned performance-enhancing drug (PED) to keep himself competitive. The lawyer believes that the Commissioner may discover these issues if he is asked to re-investigate Jerk's suspension.
Jerk tells her to go ahead with the appeal. He doesn't believe that the Commissioner can discipline him for betting on college football. He also insists that he didn't know the PED was banned and that that is a legitimate defense under the NFL Collective Bargaining Agreement.
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