Colin Kaepernick remains unemployed. The former 49ers quarterback, who was the first NFL player to kneel during the national anthem to protest social inequality back in August 2016, took his last snap on on Jan. 1, 2017.
Midway through the 2017 season Kaepernick filed a collusion grievance against the NFL, which reportedly showed that some teams considered him a starting-caliber quarterback. But according to Yahoo.com’s Charles Robinson, the league is now pushing to bring Kaepernick’s collusion case to a close.
The NFL, citing the part of the collective-bargaining agreement that deals with collusion cases, has requested that arbitrator Stephen Burbank provide a summary judgement in the case, sources told Robinson.
Put another way: It’s now up to Burbank to decide whether Kaepernick’s legal team has uncovered sufficient evidence to continue with its suit against the NFL. If Burbank rules in favor of Kaepernick, the case can continue, perhaps with more depositions. If Burbank rules against Kaepernick, the case can be dismissed in favor of the league.
“In no uncertain terms, the request is the most pivotal moment in the nearly nine months of discovery and depositions between [Kaepernick] and the NFL,” Robinson writes, adding: “Kaepernick’s legal team will now have to file an argument with discovery or deposition material that supports the case continuing … [and, according to the CBA], the argument will need to show evidence ‘sufficient to raise a genuine issue of material fact capable of satisfying’ Kaepernick’s collusion allegation.”
Several owners and general managers have reportedly already been deposed as part of the grievance. Robinson has previously reported that Kaepernick’s legal team is expected to seek to subpoena President Donald Trump, Vice President Mike Pence and “and other officials familiar with the president’s agenda on protesting NFL players,” though Robinson now notes that it is “unclear what impact Burbank’s decision could have on an attempt by Kaepernick’s legal team to pursue subpoenas of … Trump and/or others in his administration.”