The burden of proof was on Kaepernick. Unless he had an NFL owner
willing to testify that there was a conspiracy or a "blacklist," then he
had no hope. Publicly there were several teams that gave him a tryout
and there were probably more that had discussions with his agent that
proved fruitless because of Kaepernick's expectations of being a
starter. Hell... he WALKED on the deal he had at San Francisco.
The rumor is that this settlement is in the $80M range. I refuse to
believe that based on the known evidence (nothing) that he could have
prevailed in any setting. All he had was the "fact" that he has no been
signed. I guarantee that there is plenty of evidence favoring the NFL
explaining why he wasn't signed by the teams that considered him and
declined.
There are also many examples proving that NFL owners will sign unpopular
players with baggage, so long as the talent is there. I guarantee that
Kaepernick would have been signed if he could be favorably compared to
even Ryan Fitzpatrick. Oh yeah... and attitude matters.