8th Circuit delivers ruling - lockout legal - New England Patriots Forums

***MoLewisrocks*** · 07-08-2011, 09:48 AM

No details as yet. Apparently Nelson will be required to hold evidentiary hearings on FA issues if suit is to continue...

BlueThunder · 07-08-2011, 09:50 AM

Lets hope this forces the deal to be consumated shortly.....

***Rob0729*** · 07-08-2011, 10:07 AM

It is a non-issue. The new CBA will likely be done and be ready for a vote in a few days. If this ruling came out a few weeks ago, it might have made a difference. At this point, they are in striking distance of reaching the goalline.

***MoLewisrocks*** · 07-08-2011, 10:07 AM

Apparently they didn't limit the lockout to a term of months, either, as some speculated they would. They simply ruled that Norris LaGuardia did apply. Nor did they weigh in on whether or not anti trust exemptions continue in the face of the union decertification. Ergo the anti trust suit can continue come September if games are missed. They did remand the case back to Judge Nelson with the instruction that she must hold evidentiary hearings in order to determine whether irreparable harm was/is in fact being inflicted on FA and unsigned rookies who do not have an employee/employer relationship with the league at this time. And the case may continue in the courts and the owners would still face potential treble damages once the case is completed - although including through appeals you'd then be talking years... Hopefully this lights a fire under the NFLPA and the hardline owners don't get swelled heads in the interim. Unless he's out of contact I would not be surprised to see Doty weigh in before the day is done to try and tip the scales in the other direction...

signbabybrady · 07-08-2011, 10:19 AM

Quote:

Originally Posted by Rob0729

It is a non-issue. The new CBA will likely be done and be ready for a vote in a few days. If this ruling came out a few weeks ago, it might have made a difference. At this point, they are in striking distance of reaching the goalline.

Hopefully it is a non-issue. And this really may be true as I believe this was the expected ruling. But certainly any ruling can tip the scales and potentially do harm to any ground that may have been gained.

Of course it could also speed things up. If the players were holding out for one more point of contention they may cave now knowing the ruling and harm it may cause.

Not sure why the judges would wait so long to rule and then rule when it seems like things are going as well as they have since the last CBA was agreed on. I guess its not the Judges jobs to worry about the negotiations but seems ill timed to me.

RelocatedPatFan · 07-08-2011, 10:29 AM

I like it. Win for the owners, but still keeps enough of a fire lit under them to get the job done...both sides have good reason to continue working on the CBA.

townes · 07-08-2011, 11:17 AM

Quote:

Originally Posted by signbabybrady

Not sure why the judges would wait so long to rule and then rule when it seems like things are going as well as they have since the last CBA was agreed on. I guess its not the Judges jobs to worry about the negotiations but seems ill timed to me.

One of the judges was going on vacation.

***MoLewisrocks*** · 07-08-2011, 11:29 AM

Quote:

Originally Posted by townes

One of the judges was going on vacation.

Wrong court. Boylan, the justice Nelson tapped to mediate settlement talks, is going on vacation. He's not part of the appeals court. But as Breer says the imminent loss of pre season revenue is now driving this train moreso than any mediator.

townes · 07-08-2011, 11:49 AM

WEEI simply said a judge was going on vacation, they didn 't say which one it was. Either way it appears this won't derail negotiations and hopefully Doty won't be as irresponsible as the 8th circuit and will postpone his ruling on damages for the players.

patriot lifer · 07-08-2011, 12:02 PM

Quote:

Originally Posted by MoLewisrocks

Apparently they didn't limit the lockout to a term of months, either, as some speculated they would. They simply ruled that Norris LaGuardia did apply. Nor did they weigh in on whether or not anti trust exemptions continue in the face of the union decertification. Ergo the anti trust suit can continue come September if games are missed. They did remand the case back to Judge Nelson with the instruction that she must hold evidentiary hearings in order to determine whether irreparable harm was/is in fact being inflicted on FA and unsigned rookies who do not have an employee/employer relationship with the league at this time. And the case may continue in the courts and the owners would still face potential treble damages once the case is completed - although including through appeals you'd then be talking years... Hopefully this lights a fire under the NFLPA and the hardline owners don't get swelled heads in the interim. Unless he's out of contact I would not be surprised to see Doty weigh in before the day is done to try and tip the scales in the other direction...

Not nitpicking, just curious about this aspect. So the Norris LaGuardia Act means that no injunctions could be ordered by the courts (for labor disputes). I'm no legal scholar but could the judges technically say it's illegal but be unable to issue the injunction? In which case if they thought the lockout was legal, it wouldn't relate to the Norris Laguardia Act at all. Not nitpicking, I was just always trying to understand this aspect, out of harmless curiosity.