Jonathan Vilma fighting an uphill battle in federal court - FOX 8 WVUE New Orleans News, Weather, Sports

Jonathan Vilma fighting an uphill battle in federal court

Updated:

A federal judge in Jonathan Vilma's battle to lift his suspension was not ready to make a decision Thursday.

The Saints linebacker is trying to persuade the judge to impose a temporary restraining order while his lawsuit against the NFL commissioner proceeds.

Vilma wrapped up a day in court Thursday without an immediate decision about whether he may temporarily return to work.

"It went well, in the sense that I was able to speak in a public open forum, told the truth about everything, what really happened.  Happy about that.  Aside from that, wait for the judge and see what she decides," said Vilma.

Vilma, along with former teammates and interim head coach Joe Vitt, testified that Vilma never put up cash for tackles that injured opponents.  Retired Saints Troy Evans and Randall Gay also testified on Vilma's behalf, along with current New Orleans defensive players Roman Harper, Sedrick Ellis, Jonathan Casillas and Scott Shanle.

"And he hopes that going forward he can get further relief through a preliminary or a permanent injunction.  This is step one for him but, in a TRO, by definition it's quick, and it has to happen now because if it doesn't, he'll never get these days back," said FOX 8 legal analyst Joe Raspanti.

Raspanti says this will be an uphill battle for Vilma because of the NFL's collective bargaining agreement.

"The point of a collective bargaining agreement is, no matter what it is, these are the issues that commissioner Goodell decides," said Raspanti.

"It's not up to the judge to determine whether or not these things constitute pay for injury, or pay for performance.  That was collectively bargained for the commissioner to make that decision," said Tulane sports law professor Gabe Feldman. "So there's only so much that the judge can do here, and at the end of the day she really has to refer to the commissioner, and it's going to take a lot for her to grant this injunction."

Feldman says players bargained for NFL commissioner Roger Goodell to have the right to hand down the initial and final decision.

"Him as a commissioner, he's doing what he has to do, and he's just trying to protect the shield and make sure that it's a positive game," said Vilma.

This may be an uphill battle for the Saints captain of defense, but Vilma says it's not impossible.

"There's a lot for the judge to go over right now, and I'm definitely not going to try and rush her.  I hope she gets it right, and I hope it's in my favor, said Vilma.

Judge Ginger Berrigan did not say when she would rule in Vilma's case, but she has expressed an interest in a quick resolution.

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