Preemptive Injunction Request?

[raduray]

For you legal beagles, can the NFLPA request a preemptive injunction if the NFL keeps delaying its decision. They can make the argument that the delay is unreasonable and continuing it would cause irreparable harm (fill in justification), they would appeal any judgement anyway, and that they would have a viable case for that appeal.

 

[fourhour]

Kind of kicking the tires on that one myself lately.

 

[tatepatsfan]

No, I don't think so. Part (or really all) of the lawsuit will be based on the faulty process, from inception through the appeal. In theory, Goodell could still take an action that would not leave Brady with any damages sufficient to seek a claim. To have standing to seek an injunction, there needs to be an actual or reasonably foreseeable injury, and with the appeal pending, there isn't one.

 

[borg]

there needs to be an actual or reasonably foreseeable injury

Krafty could have argued this one if he didn't wilt like daisy. A prolonged delay injures his product.

 

[billdog3484]

courts cant issue an injunction making them make a decision. thats not what an injuction is for. NFLPA could, but wont, sue for violation of the CBA. From what I've heard there is a timeframe whereby a decision has to be made, but i think its something like reasonable timeframe. so that really isnt a definite time period, and i doubt 1 month would be considered unreasonable.

 

[PatsGuy]

I'm wondering how "reasonable time frame" is measured? By the start of training camp? Prior to the 1st pre-season game? Before the first regularly scheduled game?

 

[billdog3484]

I'm wondering how "reasonable time frame" is measured? By the start of training camp? Prior to the 1st pre-season game? Before the first regularly scheduled game?

most likely reasonable time period after the hearing takes place. other stuff doesnt matter. he is deciding (lol) based on the appeal hearing

 

[PatsGuy]

most likely reasonable time period after the hearing takes place. other stuff doesnt matter. he is deciding (lol) based on the appeal hearing

The other stuff does matter as there must be a point where "reasonable" become "unreasonable" I'm not certain where that point is legally

 

[JMC00]

They can get an injunction if goodell still hasn't made a decision and the season is about to start.

 

[ctpatsfan77]

IANAL, but I know the courts have a doctrine of ripeness—that is, they don't want to get involved in theoretical cases if it can be avoided.

It helps the NFL, in a sense, that Brady's suspension cannot begin while it is under appeal (as it is at the moment); if Goodell were to wait until after the season opener, Brady would be able to play. OTOH, I do think that if Goodell were to try and wait until, say, six hours before the season opener to hand down his decision, in the days leading up to that Brady might be able to get an injunction preventing the suspension from taking effect for that game, on the "irreparable harm" grounds (since a suspension can't be undone after the fact).

 

[PatsGuy]

That's my question. Let's say it's the morning of 9/10 and no issuance has been given. Kickoff is at 8 . Say at 3pm the league office publicly states that Brady is suspended for 4 games. Is that timing unreasonable"? Could an injunction be filed within that time frame?
I normally wouldn't be thinking in these conspiratorial terms, but after reading Cole's report I'm now thinking that anything is possible!