Final Exam Part 3 Flashcards
what are 3 advantages of arbitration?
1) cheaper
2) quicker
3) private
punitive damages litigation vs. arbitration
litigation - you CANNOT get punitive damages in contract claims, only in tort claims
arbitration - CAN get punitive damages
how does discovery and evidence differ between litigation and arbitration?
there are more stringent standards for litigation
is arbitration self enforceable?
No, you have to go to court
what is the appeal process with arbitration?
1) need to show that it was arbitrary or capricious
2) cannot reverse an arbitrator on the merits
what are the two types of arbitration?
1) Grievance arbitration
2) salary arbitration
who is a grievance arbitration arbitrated by?
either the commissioner or an independent arbitrator (as set forth in the CBA)
who arbitrates a salary arbitration?
an independent arbitrator
two types of salary arbitration?
1) final offer arbitration (team says he is worth $5 million and the player says 10) (can only pick one of the two)
2) compromise arbitration (the example above, an arbitrator can award between 5 and 10 million)
who can fire an independent arbitrator at the end of the season?
either the league or the player’s association
will pre-arbitration bias preclude an arbitration?
No unless it is so obvious that it can be shown that an arbitrator had made a decision before arbitration already began.
where are all player restrictions found today?
in the CBA
does the 1st or 14th Amendment protect the NFL?
no because it is a private industry, not a government industry
