NFL Lockout: Order lifting NFL lockout thrown out

[Thewholefnshow28]

Order lifting NFL lockout thrown out

The 8th U.S. Circuit Court of Appeals in St. Louis has thrown out a judge's order lifting the NFL lockout, handing the league a victory in a labor stoppage that has reached its 115th day.

The appellate court issued its decision Friday, even as the league and its locked-out players continue negotiations in New York toward a new collective bargaining agreement in hopes of starting the 2011 season on time. The first preseason game is scheduled for Aug. 7.

The appellate court ruled on an April 25 decision by U.S. District Judge Susan Richard Nelson, who ruled that the lockout was against federal law after players argued they were suffering irreparable harm. The 8th Circuit put that order on hold, and its ruling Friday said Nelson ignored federal law in reaching her decision.

It does allow the players to go back to federal court in September and re-file their antitrust case.

The court's decision came while commissioner Roger Goodell and NFL Players Association chief DeMaurice Smith began a second straight day of negotiations aimed toward resolving the lockout.

The substance of the ruling was not a surprise to either owners or players, and is not expected to change the tenor of the negotiations. The ruling itself wasn't a surprise because it was foreshadowed in previous court opinions -- Judge Kermit Bye had said last month that neither side would be completely happy with the ruling.

The timing of it, falling as negotiations continued, did catch the owners and players off-guard, however.

ESPN NFL Insider Adam Schefter says the NFL has a deadline in mind so it doesn't lose preseason games. Progress has been made on economics, but it's still fragile. Schefter expects Kevin Kolb to be traded once moves can be made.

In addition, rookies and all free agents can seek relief from Nelson through an evidentiary hearing to determine if the lockout applies to all players without contracts.

The league's negotiations in New York took a short break Friday as players and owners printed copies of the court ruling for review. Talks are expected to resume thereafter.

"While we respect the court's decision, today's ruling does not change our mutual recognition that this matter must be resolved through negotiation," read a joint statement issued by the league and the NFLPA. "We are committed to our current discussions and reaching a fair agreement that will benefit all parties for years to come, and allow for a full 2011 season."

Meanwhile, owners and players are getting closer to reaching an agreement on the all-important revenue split, sources told ESPN's Sal Paolantonio. That's the good news, but there is bad news -- there's still a lot of work to be done on the new parameters of free agency, particularly whether teams will be allowed the right of first refusal on up to three of their free agents.

Such a scenario could affect some big names -- Joseph Addai, Antonio Cromartie, Santonio Holmes, DeAngelo Williams -- with big money at stake. According to one participant who was on a player conference call Thursday night with Smith, Smith told the players: "We are close, but we've got work to do and I'm not signing this until you guys are taken care of."

Negotiations Thursday stretched for more than 12 hours and deep into the evening. The plaintiffs in the Tom Brady vs. NFL case participated in the call to be updated on the status of labor negotiations, particularly the framework for a new CBA.

All of the details in a new CBA have not been worked out, but the call was designed to give the plaintiffs a clear idea of where the agreement is headed so that they can make an informed decision about the antitrust lawsuit, which must be settled in federal court prior to the CBA taking effect, a league source told ESPN.

An absolute core issue in the discussions between owners and players is the jurisdictional oversight of any agreement. As The New York Times reported Friday, the players want a class-action settlement, which would provide them with the same jurisdictional oversight of this agreement as was the case in the post-1993 Reggie White case.

Even with an arbitration system, final appeals of grievances and disputes went to Judge David Doty in Minneapolis. In this situation, the players want those issues decided by Nelson, who has the current antitrust case.

The issue will be a significant hurdle, based on what has been stated by both sides in the negotiations. Owners want a strict arbitration system with no federal court oversight.

Some training camps are set to open in less than three weeks. The preseason begins with the Pro Football Hall of Fame inductions and Hall of Fame Game in Canton, Ohio, on Aug. 7 between the St. Louis Rams and Chicago Bears.

LINK

So basically they ruled that the lockout was legal, but put the ball back in the court of the lower court to determine if the lockout is legal for free agents and rookies. I am sure she will say it is illegal to lockout the free agents and rookies.

This will probably light a fire under the owners butts and the current signed players to get a deal done as soon as possible.

[bayone]

From PFT:

The Eighth Circuit has posted at its website a 34-page decision that strikes down Judge Nelson’s decision and allows the lockout to continue.

Specifically, the Eighth Circuit ruled that the Norris-LaGuardia Act prevents courts from issuing orders that end strikes or lockouts. Judge Bye, to no surprise, disagreed with the ruling.

While it appears to be a big win for the NFL, it wasn’t unexpected. And it’s far from the complete win the NFL wanted at this stage. As to the critically important question of whether the nonstatutory labor exemption survives the decertification of the NFLPA, the Eighth Circuit made no ruling — which means that even though the lockout can continue, a chance remains that the lockout later will be found to be illegal, exposing the NFL to a potential verdict of $12 billion or more if the 2011 season is lost.

My link

Basically it is a ruling neither side should view as favorable.

While it does keep the lockout going, the ruling states clearly that the NFL owners cannot lockout players not under contract, such as rookies lik eAnthony Castonzo and free agents like Joseph Addai and Peyton Manning.

Which Means Peyton Can now get the rehab from his trusted therapist that he was missing & caused his cautious stance as previoulsy discussed in another thread, @ least I think so

From Adam Schefter:

8th Circuit ruled NFL cannot lockout players not under contract -- i.e. rookies, free agents -- because there is no employment relationship.

Ruling does not allow unsigned players to start signing asap -- it kicks back to Judge Nelson for a hearing, though, she'd greenlight it.

My link

[bayone]

PFT , Mike Florio

At pages 33 and 34 of the ruling the Eighth Circuit suggests that Judge Nelson could impose an injunction as it relates to players not under contract (i.e., free agents and rookies). To do so, however, Judge Nelson must conduct a hearing at which testimony and other evidence is introduced. This could lead to a ruling that would require the NFL to negotiate with and sign free agents and rookies, despite the existence of the lockout.

This process would unfold over a period of weeks, and it would make a messy situation even messier. As a practical matter,

the prospect of a convoluted and costly court proceeding should be enough to dissuade the owners from trying to drop the hammer on the players in the wake of Friday’s ruling.

My link

[everybodysgotone]

All of this is predictable, exactly as discussed months ago. So what if the low courts get another shot at any of this. Doesn't matter. Everything then returning to the 8th on appeal will be overruled. If any decision the 8th makes is sent to the supreme court on appeal I very much like the owners' odds and/or any other "field leveling" that might be applicable. To reiterate months of discussion here....the short version is all of this is good for settlement possibilities and also for the league continuing on in a competitive way, even in the unlikely event the 2011 is lost.

[Superman]

All of this is predictable, exactly as discussed months ago. So what if the low courts get another shot at any of this. Doesn't matter. Everything then returning to the 8th on appeal will be overruled. If any decision the 8th makes is sent to the supreme court on appeal I very much like the owners' odds and/or any other "field leveling" that might be applicable. To reiterate months of discussion here....the short version is all of this is good for settlement possibilities and also for the league continuing on in a competitive way, even in the unlikely event the 2011 is lost.

Can't remember where I saw it, but they've pretty much determined that this *is* a labor dispute, which I believe effectively shuts down any lower courts from ruling on the antitrust issues. I don't know what other recourse the players might have in that regard, but they wouldn't be able to bring antitrust litigation against the owners until (I believe) one year after the CBA's expiration date. I believe I have that right.

Might not matter at this point. There's been concessions made on both sides, and hopefully we have a deal in the next week or so.

[everybodysgotone]

Can't remember where I saw it, but they've pretty much determined that this *is* a labor dispute, which I believe effectively shuts down any lower courts from ruling on the antitrust issues. I don't know what other recourse the players might have in that regard, but they wouldn't be able to bring antitrust litigation against the owners until (I believe) one year after the CBA's expiration date. I believe I have that right.

Might not matter at this point. There's been concessions made on both sides, and hopefully we have a deal in the next week or so.

The APP court said the two sides handled business for years under labor terms & that doesn't go away just because the NFLPA decertifies. Level heads seeing it for what it is. I agree. The opinion supports the NFL's stance that decertifying was bogus & changing up like that to gain leverage ain't gonna flush. I think the SC would see it the same way. I still say zero games missed in 2011 & big SB party in Indy.

[bap1331]

Yesss! Football is back!

[Blue Horseshoe]

Yesss! Football is back!

Someone forgot to tell the Indianapolis Colts

[ruksak]

Yesss! Football is back!

Good to see that you came out of the coma.

[ReMeDy]

bap, stop necro-rising these dead threads 6+ months old. First the Kerry Collins thread and now this.