8th Circuit Rules: Lockout to Stay During Appeal

Posted: May 16, 2011 in Robert J. Romano

In a 2-1 decision, the 8th U.S. Circuit Court of Appeals held that the National Football League’s lockout will stay in place pending their appeal of U.S. District Judge Susan Nelson’s ruling.  Judges Steven Colloton and Duane Benton sided with the NFL while Judge Kermit Bye dissented in favor of the players.

The Court found that the NFL has proven it “likely will suffer some degree of irreparable harm without a stay” and was not convince that Judge Susan Nelson’s conclusions were correct.

“In sum, we have serious doubts that the district court had jurisdiction to enjoin the league’s lockout, and accordingly conclude that the league has made a strong showing that it is likely to succeed on the merits.”

“The district court reasoned that this case does not involve or grow out of a labor dispute because the players no longer are represented by a union,” the majority wrote. “We have considerable doubt about this interpretation of the Norris-La Guardia Act and does not specify that the employees must be members of a union for the case to involve or grow out of a labor dispute.”

“We do not agree, however, with the district court’s apparent view that the balance of the equities tilts heavily in favor of the players,” the majority wrote. “The district court gave little or no weight to the harm caused to the league by an injunction issued in the midst of an ongoing dispute over terms and conditions of employment. The court found irreparable harm to the players because the lockout prevents free agents from negotiating contracts with any team, but gave no weight to harm that would be caused to the League by player transactions that would occur only with an injunction against the lockout.”

Judge Bye, in is dissenting opinion, dismissed the conclusions of his fellow judges, stating, “Notwithstanding the majority’s analysis, the NFL has not persuaded me it will suffer irreparable harm during the pendency of this expedited appeal,” Bye wrote. “In any event, there will not be any shift in the ‘balance of power’ until the appeal is resolved.”  Additionally, “The preliminary injunction does not dictate the NFL’s free agency rules, or any other conduct in general, outside of the lockout,” he said. “Whatever harm may be said to befall the NFL during the pendency of the expedited appeal stands in stark contrast to the irreparable harm suffered by the players.”

The good news, NFL owners and the former NFL Players’ Association resumed court-ordered mediation with of U.S. Magistrate Judge Arthur Boylan.

Advertisements
Comments
  1. Maximiliano says:

    to me, it boils down to one simple qsuetion: are you a partner, or are you an employee? If you’re a partner, you’re entitled to look at the books. If you’re an employee, you most certainly are not. Given that they don’t have access now tells me everything I need to know. It’s therefore not the owners responsibility or obligation to show the players anything financial.so yeah, the owners are going to play hardball. I suppose that’s their right. That doesn’t make it right for us the fans, but then again we don’t have hundreds of millions of dollars on the line to run a franchise.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s