When it comes to the confidential settlement reached by and between the NFL
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, Colin Kaepernick, and Eric Reid, no one is saying anything. About anything.Beyond the announcements issued by the parties on Friday, the terms of which no doubt were written carefully, reviewed painstakingly
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, and approved warily, nothing else has been or will be provided, at least not anytime soon.Here’s one angle that, given the standard approach to settlement agreements, likely requires no confirmation from either side: Any potential grievance or other legal claim arising from Reid’s suspicion that he was targeted for PED testing in retaliation for his collusion claim most likely were waived as part of the resolution.Most settlement agreements include broad
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, sweeping language releasing the party writing the check from any and all liability, with broad and repetitive language aimed at encompassing all claims that were made and that could have been made, typically including a description of the period encompassed as “from the beginning of time to the date of this agreement.”But prospective waivers of liability can’t happen. If Reid believes that he’s being singled out for PED testing or substance-abuse testing or fines for on-field hits, he could (in theory) argue that the league is retaliating against him. It’s nevertheless possible that, as part of his settlement documents
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, Reid has signed an acknowledgement that he currently has no evidence of foul play as it relates to past PED testing and that all testing, fines, etc. were on the up and up. It’s not an absolute protection against future entanglements, but it becomes the best way to wipe the slate clean.The settlement agreement also could (and probably should) include an agreement pursuant to which Reid will make no allegations of retaliation absent evidence of retaliation, and that if he believes he’s the victim of retaliation he will say nothing about it publicly unless and until he files a formal grievance.Regardless of the specific language used
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, it’s likely the last we’ll hear of Reid thinking he’s been targeted for PED tests. If we do, it will mean either that Reid is violating his agreement or that the NFL’s lawyers didn’t do a very good job of drafting it. After the 49ers landed both Solomon Thomas and Reuben Foster with the third and 31st picks in the 2017 draft, they boasted that they would have taken Foster with the third overall pick, if the Bears had taken Thomas after the two teams flip-flopped. Foster has since been released following a string of off-field issues, and G.M. John Lynch admitted to reporters on Monday that the 49ers have revised some of their pre-draft procedures based on their experiences with the former Alabama linebacker.“There’s certain tweaks we’ve made
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,” Lynch said. “Our 30 [per team] visits this year, we brought people more in a group setting. We want to see how they interact with other people. So those are subtle things that we do. But there’s so much that just goes into the research of these players. You learn something every year. I think the most important thing, you impart upon your scouts, upon your staff is, ‘We have to be as thorough as humanly possible.’ Anything we can learn about these guys is valuable information. I’m real proud of the work we’ve done with our staff to get as much information to be equipped to make as good a decision as possible.”Lynch acknowledges that the 49ers learned a lesson from drafting Foster.“If you aren’t always learning
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, shame on you, shame on us,” Lynch said. “I think with Reuben, I think we somewhat accounted for it by where we drafted him. I think we had him at a certain value. We didn’t draft him there. That doesn’t excuse us. It’s a shame. We’re very happy to have Kwon Alexander, but that came at a heavy price. We would’ve much preferred to have Reuben still playing here. So of course you learn a lesson. If you don’t
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, like I said, shame on you. You work hard to try to identify what is the lesson that you learned. We know in-house what those lessons are.”It sounds as if one of the lessons was to put prospects among other prospects, in order to assess whether they will be able to work and play well with others. Foster clearly wasn’t (as evidenced by the fact that he sent home from the Scouting Combine), and that’s why he’s now working and playing in Washington.
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