Gag order???
 

So, today was the big day for both sides to present their cases... And the only thing we've heard out of Minnesota are the crickets chirping...

Did Judge Nelson issue a gag order to both sides????

Re: Gag order???
 

I would imagine there isnt going to be much to report until there is a decision.

Re: Gag order???
 

I thought Tom Curran said the judge said she was taking the issues under advisement, he mentioned a couple weeks. Not sure if she said a couple weeks or Tom was speculating.

Re: Gag order???
 

NFL.com news: Judge says her ruling on lockout will take 'couple of weeks'

No gag order.

"Taking it under advisement" = you guys get back to the negotiating table and try one more time.

Re: Gag order???
 

The only 'gagging' I see are the fans having to hold hope that these two sides find a way to make a deal.

Is Monty Hall available as mediator?

Re: Gag order???
 

She also stated that the players 'seem to have a strong case.' Those words may be enough for the NFL to realize that they need to lower their expectations, and make friendly with the union*.

The initial hearing did not seem to go as well as the owners had hoped, and with her strongly encouraging the 2 sides to come to an agreement, and the draft (a very important time for the NFL to showcase) coming up, hopefully this can lead to some closer negotiations.

It's also possible that she may very well order the 2 sides to get back to the table. No matter what happens, there should be football in my opinion.

Re: Gag order???
 

Why would the owners make nice with the union? The longer this goes on, the ulterior motives become clearer. The PR battle being waged is being won by the owners. The legal battle has always been a coin flip, but the owners are probably being told that they will prevail on appeal. But one of the real goals is to get rid of Judge Doty, it is why the owners refuse to negotiate a settlement, and I can't blame them one bit. The shame of the matter is that the judge that is hearing the case is also a flaming liberal.

My worries about this is that the NFL becomes baseball and the owners lose control of the sport. I used to be a baseball fan until I kept hearing people who play a game and make millions for playing it b!tch and moan about their lot in life. Football is beginning to head down that path, and I would be in favor of the NFL tell the judge that they accept the fact that the union has desolved, that they will hold one last draft as is laid out in the last CBA, they will honor any existing contract and everybody else will become an independent contractor for the club. They will be paid on a 1099 every year and if they want to negotiate a new CBA, they can start from scratch. It would probably sacrifice a couple of drafts, but the owners will make out under such a deal, the players will get screwed because they will have to provide their own health insurance, go through workman's comp for injuries, plan their own retirement, go to jail for not paying their taxes.

I have a smile on my face just thinking about it.

Re: Gag order???
 

The only mediot who did the proceedings any justice was Greg Bedard of the Globe. Most everyone else is now either parroting or selectively spinning his comments. Having an opinion without actually hearing or seeing the proceedings is just more speculation.

He called the day pretty much by the time they took their first break - no ruling and a call for a return to mediation. Unfortunately she wasn't forceful enough in suggesting just how the two sides proceed. Kessler, whom the union* didn't even allow to open his mouth in court insists the only talks the association* is interested in are settlement talks. Boies, the lead council for the league, insists the only talks that can end the stalemate are collective bargaining talks. Says if the lawyers remain involved the talks will go nowhere simply by the nature of what that group will remain fixated on by nature. The league doesn't want another SSA attached to the CBA of 2011 that will inject another Minnesota judge into the process into infinity.

Bedard seemed to think her ruling will ultimately hinge on whether or not she decides that the NLRB has jurisdiction. That was what she and Bois spent most of the day focused on.

The simple fact that she didn't grant immediate injunctive relief has to be disappointing for the union because now between her taking a "couple weeks" to hand down any decision and an appeal of that decision to the 8th Circuit which would have to include a stay if she in fact grants an injunction, we're talking about the league remaining locked out at least through May. And it is also possible that she will order additional hearings on claims made in the filings that they didn't probe at length yesterday like irreperable damage.

So the bottom line is this is probably going to drag out at least another several weeks if not well into the summer. And sports mediots being the ADHD immediate gratification equivalents of their core demographic, this is all too slow and complicated for most of them to deal with so they are shutting down.

The really interesting part will be finding out what rules the league desides to operate under temporarily if in fact they are forced to unlock... Could be the 2010 rules complete with 6 year FA and 30% rules and multiple tags...or could be the last offer the league made in mediation including a rookie cap. Either route exposes them to anti trust penalty should the case ever get to trial, although the liklihood of that happening as opposed to what happened before (even after losing the White case there were no penalties because before any could be assessed the two sides entered into a settlement agreement that stipulated the union would recertify to facilitate a new CBA that precluded anti trust litigation) remains slim due to the potential for trials and appeals to drag the process out to the point the league has basically called the shots absent arbitration for 2-3 years. Going back a year or more that was what David Cornwell, the attorney/agent who staged an 11th hour attempt to oppose DeMaurice, predicted the outcome would be. With a settlement again being reached only as the court proceedings began to play out and the players became tired of watching the owners call the shots with no immediate recourse and bank increasing revenues while their individual careers in many cases were coming to an end.

The other interesting thing is the other pro sports leagues and their unions are all intently watching this unfold in anticipation of their own work stoppages. And if decertification turns out to be the trump card the NFLPA contends it is, you will see the NBA and MLB and even the NHL players associations decertify as a means to an end going forward.

The judge did comment yesterday on the irony of millionaire owners invoking protections that the Norris LaGuardia Act intended to benefit workers. Maybe she will yet see the irony of the NFLPA orchestrating it's own decertification for the second time when that option was intended to protect employees and their employers from unions that were not negotiating CBA's in good faith and had as a result lost the support of a majority of their members...

Re: Gag order???
 

I'd like the whole thing resolved soon so I don't have to continually see DeMaurice Smith's repugnant way on the soap box.

Re: Gag order???
 

Florio of PFT is actually doing a great job breaking down the proceedings. He has a legal background, and has given a number of reading-between-the-lines observations that are astute and spot on.

Also since this is an argument for injunctive relief, there is no trial, only a hearing.