[SBXVII]

Eighth Circuit tips its hand; Judge Nelson’s ruling is in serious jeopardy | ProFootballTalk

“[W]e have serious doubts that the district court had jurisdiction to enjoin the League’s lockout, and accordingly conclude that the League has made a strong showing that it is likely to succeed on the merits.”

In finding that the league was able to satisfy the legal requirements for the issuance of the stay, the Eighth Circuit has in many respects knocked down Judge Nelson’s conclusion that the lockout should be lifted. Most powerful in this regard is the quote pasted above. If the Eighth Circuit believes the NFL has made a strong showing of success as to the application of the Norris-LaGuardia Act to the present facts, then the Eighth Circuit necessarily believes that the players won’t succeed on that key issue as the lawsuit proceeds. And if the Eighth Circuit believes that the players have no chance of proving that the Norris-LaGuardia Act permits a court-order lifting the lockout later, the Eighth Circuit will not issue a court order lifting the lockout now.