Judge Helen Berrigan issued an order in Vilma v. Goodell as follows (long): "In light of the CBA Appeal Panel’s Decision of September 7, 2012, that “pay for performance” discipline was within the exclusive jurisdiction of the Systems Arbitrator, anticipating that the forthcoming decision by Mr. Tagliabue may be subject to an expedited review as to its fundamental fairness, and assuming as undisputed the testimony by the New Orleans Saints players and coaches that only “legal hits” were used to intimidate and/or injure opposing players, the parties shall brief the following: 1. Does Articles 43 and 46 of the CBA exclude discipline by the Commissioner for “legal” contact? 2. Does the CBA give the players and coaches adequate notice as to what conduct could be sanctioned as “conduct detrimental?” In other words, is that portion of the CBA ambiguous, hence unenforceable? Counsel should discuss the significance, if any, of the separate provision for sanctions upon players for “unnecessary roughness or unsportsmanlike conduct on the playing field with respect to an opposing player” in Article 46, Section 1(b) from “[a]ll disputes involving a fine or suspension imposed upon a player for conduct on the playing field” and “conduct detrimental” in Section 1(a). Reference to relevant NFL rules defining “legal” and “illegal” contact is welcomed, as well as a discussion of
examples of “conduct detrimental” provided in the CBA and related documents."