Judge rules lock out lifted

[derringer007]

This is hot off the presses

NFL.com news: Judge Nelson rules for players, lockout to be lifted

 

[Sgt John]

Excellent work posting this so quickly!

From what I heard on 104.9 The Horn, our ESPN affiliate, the judge in this case filed an 89 page opinion ruling for the players. It was also reported the NFL will appeal this to the 8th (?) Circuit Court of Appeals in St Louis this week.

Now my question is will there be a stay while the appeal is filed or will we have business go on?

To that end, Im thinking the owners might just want to let a week or two of Free Agency commence just to maybe sign a top targeted guy before the lockout is either confirmed to be over or reinstated. Dallas could quicky sign Michael Huff, maybe some other teams can get a quick deal done, and the owners save face because it was "legal"

 

[MongerKhan]

They are filing there appeal this morning and they are asking for a immediate postponement on the judgment. The 8th circuit is viewed as more "pro business". Its a wait and see thing again.

 

[Coachnorm]

So some players are showing up to work/workout and are being sent home. It's still early in the day so a lot more can happen today. A lot of players have workout bonuses that would be due now.

 

[Phicinfan]

My understanding was the Stay was denied? I thought I heard that on the radio this morning. If so, that is a huge negative for ownership.

Anyone know for sure?

 

[Coachnorm]

I am watching ESPN right now. From what they are saying the Judges ruling has happened and there is nothing yet on the appeal by the owners / stay.

 

[Coachnorm]

The Steelers facility initially was locked this morning when Charlie Batch got there. But was then opened up and players were allowed to enter the facility. They can't get to the locker room or weight room to actually work out but other Steeler facility workers have shown up.

 

[Runnik's Hambones]

My understanding was the Stay was denied? I thought I heard that on the radio this morning. If so, that is a huge negative for ownership.

Anyone know for sure?

The stay was denied by Judge Nelson. That doesn't mean that there wont be one. The NFL is currently appealing not just the ruling, but first the decision to lift the lockout. Basically the first move for the NFL is to appeal to try and get the stay placed on the decision, so that they can go back to appeal the ruling in favor of the PA.

The problem here is that, even though there is no lockout, there's nothing that can be done. There still is no CBA, which means, there's kinda still a lockout. If, let's say, the stay is not granted by the appellate court, then the owners will be forced to decide on what rules to use until they can get the ruling in their favor by the appellate court concerning all of the other matters (season length, rookie wages, retired player benefits...etc). The owners would have to choose CBA rules from either 2009, or 2010, or what-have-you.

The Judge did side with the players, so their desires are what would be upheld. The only thing she did not touch was the $9 billion on the table. She basically told them to stop being babies and figure out how to split up all of that doe.

If the appellate court rules in favor of the NFL, then we go back to square one. Literally. What Judge Nelson ruled would be out of the window, and it is not the appellate court's responsibility to solve the case over again, just to see if the original ruling should be considered the correct one. So if the NFL wins the appeal, then I believe it's right back to mediation.

 

[Phicinfan]

The stay was denied by Judge Nelson. That doesn't mean that there wont be one. The NFL is currently appealing not just the ruling, but first the decision to lift the lockout. Basically the first move for the NFL is to appeal to try and get the stay placed on the decision, so that they can go back to appeal the ruling in favor of the PA.

The problem here is that, even though there is no lockout, there's nothing that can be done. There still is no CBA, which means, there's kinda still a lockout. If, let's say, the stay is not granted by the appellate court, then the owners will be forced to decide on what rules to use until they can get the ruling in their favor by the appellate court concerning all of the other matters (season length, rookie wages, retired player benefits...etc). The owners would have to choose CBA rules from either 2009, or 2010, or what-have-you.

The Judge did side with the players, so their desires are what would be upheld. The only thing she did not touch was the $9 billion on the table. She basically told them to stop being babies and figure out how to split up all of that doe.

If the appellate court rules in favor of the NFL, then we go back to square one. Literally. What Judge Nelson ruled would be out of the window, and it is not the appellate court's responsibility to solve the case over again, just to see if the original ruling should be considered the correct one. So if the NFL wins the appeal, then I believe it's right back to mediation.

I think I agree, but here is what i have heard.

First the ruling was ONLY on the lockout, not the anti-trust suit. So, as you say, that is still pending and she hopes they arbitrate to a solution.
Second, the Players have til 10am tomorrow to answer the Owners request for a stay. I think here, she is looking for both sides to say if the stay is not accepted, how league would run until appeal is heard.
Third, I agree with you fully, that no work outs, contracts or deals can be made, as there are no rules to run by. That is part of what Judge Nelson is deciding on with the stay request.

Net, if she does accept the request for stay, then the league must start, and the season calender starts. Best guess is they may try to opperate under 2010 rules.

Also, by all reports, there is little to no chance that the leagues appeal will suceed, as the way Judge Nelson wrote her opinion, it will be very hard for the courts to find faulty reasoning. So the owners look to be stuck.

 

[Fire]

Interesting take on FA:

NFLPA attorney Mark Levin sent out a memo to all players Tuesday informing them that free agents may begin negotiating with teams immediately.
The memo states: "Judge Nelson's order is in effect as of 6 p.m. EDT on April 25, 2011, and unless and until that order is stayed, the clubs are NOT allowed to refuse to negotiate with you." The owners have obviously interpreted Judge Nelson's order differently, citing a "considerable degree of uncertainty." The bottom line is that nobody will have a good read on the start of free agency -- and it's 2011 rules -- until Judge Nelson rules on the owners' request for a stay Wednesday.

 

[Fire]

Rotoworld:

While other NFL teams blocked players out of their headquarters Tuesday, the Giants entire facility was opened to all players under contract.

The NFL's official position is "status quo" until Judge Susan Nelson clarifies her ruling, but the Giants' actions suggest they understand the lockout is no longer in effect. The Raiders, too, have informed players that they will be welcomed at the team's complex. The owners, as a whole, are taking a risk in continuing to operate in lockout fashion despite Judge Nelson's ruling to the contrary.

 

[Fire]

More on FA:

The NFLPA has already responded to the owners' request for a "stay" on the lockout injunction while asking Judge Susan Nelson for clarification on her ruling that the lockout is "enjoined."

Essentially, the players are asking Judge Nelson to start the league year, allowing free agency to begin. The owners have been asked to respond to that request by 6:00 p.m. Wednesday. Player reps are already fielding calls about free agents, a sign that some in the league anticipate the market opening in the next few days. Until at least late Wednesday afternoon, however, the NFL is in a holding pattern. Judge Nelson's three options are to allow the stay, order the 2011 league year to begin, or defer to the Eighth Circuit to rule on the stay -- which would take 2-7 days.

 

[Phicinfan]

I think I agree, but here is what i have heard.

First the ruling was ONLY on the lockout, not the anti-trust suit. So, as you say, that is still pending and she hopes they arbitrate to a solution.
Second, the Players have til 10am tomorrow to answer the Owners request for a stay. I think here, she is looking for both sides to say if the stay is not accepted, how league would run until appeal is heard.
Third, I agree with you fully, that no work outs, contracts or deals can be made, as there are no rules to run by. That is part of what Judge Nelson is deciding on with the stay request.

Net, if she does accept the request for stay, then the league must start, and the season calender starts. Best guess is they may try to opperate under 2010 rules.

Also, by all reports, there is little to no chance that the leagues appeal will suceed, as the way Judge Nelson wrote her opinion, it will be very hard for the courts to find faulty reasoning. So the owners look to be stuck.

Okay more pressure on owners now.

Stay was denied by Nelson. They have appealed that decision as well to the 8th circuit court. So no moves may happen.

But....................................

Here is an interesting twist. They may have to open for business anyway. Due to the fact that the lockout was "enjoined" meaning ended. And then their appeal was denied, they can be found guilty of breaking the law if they continue to keep players out and don't do business. It would be a legitimate complaint by the Players Assoc. if they so choose to fight it. NFL right now is really walking a thin, thin line. I also don't think the 8th Circuit will allow a stay, as the decision by Nelson was all by precedent.

In the long run, I think this is good. The owners now HAVE to negotiate. If they just implement rules....they allow themselve to be open to further anti-trust litigation. Negotiation will be really urgent now.

 

[Runnik's Hambones]

They have to start doing business. Just like you said, Phic, they're breaking the law if they don't. We expected this to happen actually.

So this is where we're at: The owners have to quickly decide to use either the 2009 rules or the 2010 rules so that they can start doing business. They can't do anything right now because they haven't decided on a CBA. If they do not pick rules and do not do business, they're in prime position to get sued by the PA, which is the last thing that the NFL needs right now.