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FYI: SI primer on what to expect in Wednesday hearing

Discussion in 'PatsFans.com - Patriots Fan Forum' started by MoLewisrocks, Apr 5, 2011.

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  1. MoLewisrocks

    MoLewisrocks PatsFans.com Supporter PatsFans.com Supporter

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    SI's legal eagle offers insight into what will likely go into Judge Nelson's decision making process, what the players have to prove in order to prevail and how/what the league will counter those arguments with in order to prevail, and what will happen when whichever side that loses appeals (although he doubts the Eight Circuit would overturn on appeal).

    He opines that it will be an uphill battle for the players to prevail in securing a preliminary injunction and explains the very sound (far reaching) reasons why that is (other unions adopting the tactic). He opines that a players win on the larger case while more likely could take years and absent a preliminary injunction against the lockout the players will be more likely to bend toward terms more favorable to the league in order to get back to work (or back to a situation where they can begin to collect various payments and benefits again).



    Read more: What to expect in Tom Brady vs. NFL injunction hearing - Michael McCann - SI.com
     
  2. PrairiePat

    PrairiePat Third String But Playing on Special Teams

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    #32 Jersey

    I've been looking for something of this nature for a while now; very informative. Thanks for the link.
     
  3. DW Toys

    DW Toys In the Starting Line-Up

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  4. lostjumper

    lostjumper Third String But Playing on Special Teams

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  5. MoLewisrocks

    MoLewisrocks PatsFans.com Supporter PatsFans.com Supporter

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    Breer has tweeted that the schedule for the court today calls for 20 minute arguments for the Brady team, the Eller team (merged suit), followed by two 20 minute rebuttal periods for the NFL lawyers. No cameras or tweeting from the courtroom. Starts at 10:30 our time so there should be a decision of some sort (most likely to not announce a decision while judge takes it all under advisement) shortly after noontime. Some are speculating that the judge may have some things to say designed to instill a little doubt in both sides as a means to nudging them back to into negotiations and some kind of settlement pending any decision.

    If she ultimately rules for the players and grants an injunction, the league will immediately request a stay pending it's appeal to the 8th Circuit Court in Denver. That would likely be granted since the alternative would be a small window of potential chaos subject to being wiped out if the injunction were later overturned and the lockout upheld. The injunction is the key ruling, since even if she agrees to advance the anti trust case in the absence of it that will be a defeat for the players whom we all know cannot remain unified long enough to get that case to trial.

    So bottom line is we will likely not know or see anything different after noon today than the status quo and a lot more media speculation and biased spinning based on anything Judge Nelson utters.
     
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