NFLPA avoids NFL's $14 million attorneys' fees claim in collusion case

Last year, the NFL won a collusion grievance regarding the failure of teams to give fully-guaranteed contracts to players in the wake of the five-year, $230 million Deshaun Watson contract. Both the league and the NFL Players Association hid the ruling, for months.

After Pablo Torre unearthed the 61-page document, the NFLPA exercised its right to appeal the decision to a three-judge panel. That appeal remains pending.

Another related decision was issued earlier this year.

On January 26, 2026, arbitrator Christopher F. Droney rejected the NFL's effort to force the NFLPA to reimburse the league for the attorneys' fees and costs incurred while defending against the collusion claim.

In a February 10 email to all players, a copy of which PFT has obtained, NFLPA interim executive director David White explained that the union would not be required to pay roughly $14 million to the league. (Maybe I should go back to practicing law.)

The Collective Bargaining Agreement provides that "the System Arbitrator shall order the payment of reasonable attorneys’ fees and costs by any party found to have brought such an action or to have asserted a defense to such an action without any reasonable basis for asserting such a claim or defense." The question was whether the NFLPA had a "reasonable basis" for making its claim of collusion.

In pushing for reimbursement of fees and costs, the league focused on a claim from former NFLPA executive director DeMaurice Smith that "Robert Kraft, owner of the New England Patriots, told [Smith] that NFL Commissioner Roger Goodell asked Mr. Kraft to talk with other owners about not agreeing to large, fully-guaranteed contracts." Droney, in the January 2024 decision resolving the collusion grievance, found that the conversation did not happen. The league accused Smith of lying about the conversation.

From page 9 of the 19-page ruling, "The NFL maintains that Mr. Smith’s allegation was false, the NFLPA knew it was false, and Mr. Smith’s testimony at the evidentiary hearing was perjurious."

Droney found that there was otherwise sufficient evidence to give the NFLPA a "reasonable basis" for filing a collusion grievance. Most notably, Droney found in the original ruling that "there was a presentation by the NFL urging lessening the amounts of guarantees at the March 2022 annual owners’ meeting which took place within weeks of the disclosure of the Watson contract."

As a result, the NFLPA was not required to pay the NFL roughly $14 million dollars. And there's still a chance the NFLPA will win the grievance, based on the resolution of the appeal.

The appellate decision was expected several months ago. Some may conclude that the delay is a good sign for the players. The longer it takes, the more difficult and detailed the reasoning may be. If the case were an easy one to uphold on appeal, common sense suggests a decision would have come much sooner.

Regardless, there's still no decision on the appeal of the collusion grievance.