06-14-2011, 08:41 PM
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#103
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Franchise Player
Join Date: Mar 2007
Location: Virginia
Posts: 7,766
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Re: Court Cancels Mediation, Settlement Negotiations Continue
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Originally Posted by CRedskinsRule
Doty has a pending ruling that will award some unknown sum to the players (up to about $3billion). 8th District has a pending ruling that could make the lockout permanent and basically eliminate the players leverage of the anti-trust lawsuit.
Obviously simplified for the single sentence requirement, but both sides have a big incentive not to let the other shoe fall on either of these rulings.
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Found it and it's not 3 Billion, it's more like 10 Billion.
How the Eighth Circuit could issue a ruling neither side will like | ProFootballTalk
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How the Eighth Circuit could issue a ruling neither side will like
Posted by Mike Florio on June 5, 2011, 1:34 PM EDT
One of the best things about doing radio spots is that the discussion often gives me the kind of clarity that merely sitting at the keyboard doesn’t. That’s exactly what happened earlier today, when I chatted with Howard Balzer of 101 ESPN in St. Louis.
With Judge Kermit Bye strongly suggesting that neither side will like the ruling that the U.S. Court of Appeals for the Eighth Circuit renders and with NFL lawyer Paul Clement being peppered with questions about the possibility that the non-statutory antitrust exemption lasts for only six months after expiration of the Collective Bargaining Agreement, the discussion with Balzer has helped me finally figure out how precisely how the Eighth Circuit could issue a decision that no one likes.
First, the Eighth Circuit would rule that the Norris-LaGuardia Act prevents courts from issuing injunctions aimed at ending any lockout or strike arising from a “labor dispute,” with that term being given a broad interpretation that would apply even after the decertification of a union, legitimate or sham. This would allow the current lockout to proceed, indefinitely.
Second, the Eighth Circuit would rule that the non-statutory antitrust exemption lasts for only six months after expiration of the CBA, given the specific term in the expired labor deal requiring the players to wait six months before filing an antitrust lawsuit. Given the Norris-LaGuardia Act, this wouldn’t end the lockout as of September 11, the day on which the first slate of Sunday games are due to be played. However, it would expose the NFL to treble damages beginning with Week One of the regular season, if the lockout ultimately is determined to be an antitrust violation as of September 11.
Thus, the owners would be able to lock the players out for all of the 2011 season, but the owners would ultimately be responsible for the full player payroll in 2011, times three. That’s an amount that easily would exceed $10 billion.
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