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The NFL responded that the standard to prove partiality for an arbitrator within the framework of a labor agreement is much higher than for a judge in a court case. The league cited case law stating, "Nothing in the parties' contract requires arbitrators to arrive with empty heads."
The NFL also argued its evidence in the bounty matter is strong enough to justify the commissioner's actions, whether he was partial to one side or not.
"When all of the circumstances are considered, it is clear that the reasonable observer would not have to conclude that ... the outcome is due to 'bias,'" the NFL said. "The circumstances here include the fact that Plaintiffs do not dispute that the Saints program offered incentives for cart-offs and knockouts, and that cart-offs and knockouts were plays in which an opposing player was disabled or injured, at least temporarily.
"Not disputing that this program existed, Plaintiffs should not be heard to complain that an adverse appeal decision would have to be due to bias."
[Associated
Press;
Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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