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Judge: Ruling on NFL lockout could take a few weeks
POSTED: April 7, 2011 By Jonathan Tamari
Inquirer Staff Writer
ST. PAUL, Minn. - The NFL lockout will remain in place for at least two more weeks, and maybe more, as Judge Susan Richard Nelson decides whether to grant an injunction lifting the work stoppage.
Nelson said Wednesday it would "probably take a couple of weeks" to fairly evaluate the arguments made by attorneys for NFL owners and players in her federal courtroom. As she contemplates the players' request for an injunction blocking the lockout, Nelson urged the two sides to get back to bargaining, but there seemed to be little hope of that happening immediately.
Latest Eagles Photos
Top Eagles Nicknames Chuck Bednarik Packers 31, Steelers 25 Even if she grants an injunction and opens the door to trades and free agency, Nelson's timetable would leave very little time for player movement before the start of the draft on April 28, seemingly dimming that possibility.
"It seems to me that both sides are at risk and this is a very good time to come back to the table," Nelson said as she wrapped up roughly five hours of arguments.
The judge has a reputation for forging compromise, but neither side gave ground. The players' attorneys said they'd be happy to talk about settling their antitrust case.
The league, however, said it wants to resume collective bargaining for a new contract, not address the lawsuit. That leaves each side saying it will talk, but insisting on different topics.
"I don't think it's surprising that we walk out of this courthouse and neither one of us has changed our basic approach," said David Boies, the attorney who argued the league's case.
From a fan's perspective, an injunction might be the fastest way to see NFL business resume, but the hearing focused on the details of previous cases and labor law.
Nelson repeatedly challenged the NFL's arguments against the injunction while offering little resistance to the players' attorneys.
When the NFL argued that Nelson should not rule until a National Labor Relations Board claim is heard, she asked, "Wouldn't you agree that it's within my discretion to make that decision?"
Nelson also pressed Boies on whether the lockout can survive antitrust scrutiny after the players' union dissolved.
"I'm having a hard time understanding why the [antitrust] exemption would protect a lockout," after the union decertified, she said.
In the third hour of his arguments, however, Boies cited specific legal language that he said prevents injunctions against ownership lockouts as well as employee strikes.
Nelson's questions don't necessarily foreshadow her ruling, and legal experts are hesitant to make predictions based on the tenor of a hearing.
Even if Nelson believes she has the authority to issue an injunction, she would also have to find that players are suffering irreparable harm from the lockout, even with the season months away, in order to halt the stoppage.
James Quinn, arguing for the players, pointed to nearly 900 free agents who cannot sign.
"These players have no jobs," he said.
The players contend that in dissolving their union, they gave up collective bargaining rights and gained antitrust protections. Under those laws, the lockout could be seen as an unfair restriction.
"The NFL owners, like everyone else in America, have to abide by the antitrust laws," Quinn said.
But the league argued that its lockout grew out of a labor dispute and is still permitted.
"Can you flip a switch and immediately the antitrust exemption ends? We say no," Boies said.
Nelson raised the prospects of more hearings to gather additional evidence. She also could order the sides into negotiations.
Any decision on the injunction will be appealed by the losing side, and hearings on that step could take another month or two, taking the court battle into June.
Judge: Ruling on NFL lockout could take a few weeks
POSTED: April 7, 2011 By Jonathan Tamari
Inquirer Staff Writer
ST. PAUL, Minn. - The NFL lockout will remain in place for at least two more weeks, and maybe more, as Judge Susan Richard Nelson decides whether to grant an injunction lifting the work stoppage.
Nelson said Wednesday it would "probably take a couple of weeks" to fairly evaluate the arguments made by attorneys for NFL owners and players in her federal courtroom. As she contemplates the players' request for an injunction blocking the lockout, Nelson urged the two sides to get back to bargaining, but there seemed to be little hope of that happening immediately.
Latest Eagles Photos
Top Eagles Nicknames Chuck Bednarik Packers 31, Steelers 25 Even if she grants an injunction and opens the door to trades and free agency, Nelson's timetable would leave very little time for player movement before the start of the draft on April 28, seemingly dimming that possibility.
"It seems to me that both sides are at risk and this is a very good time to come back to the table," Nelson said as she wrapped up roughly five hours of arguments.
The judge has a reputation for forging compromise, but neither side gave ground. The players' attorneys said they'd be happy to talk about settling their antitrust case.
The league, however, said it wants to resume collective bargaining for a new contract, not address the lawsuit. That leaves each side saying it will talk, but insisting on different topics.
"I don't think it's surprising that we walk out of this courthouse and neither one of us has changed our basic approach," said David Boies, the attorney who argued the league's case.
From a fan's perspective, an injunction might be the fastest way to see NFL business resume, but the hearing focused on the details of previous cases and labor law.
Nelson repeatedly challenged the NFL's arguments against the injunction while offering little resistance to the players' attorneys.
When the NFL argued that Nelson should not rule until a National Labor Relations Board claim is heard, she asked, "Wouldn't you agree that it's within my discretion to make that decision?"
Nelson also pressed Boies on whether the lockout can survive antitrust scrutiny after the players' union dissolved.
"I'm having a hard time understanding why the [antitrust] exemption would protect a lockout," after the union decertified, she said.
In the third hour of his arguments, however, Boies cited specific legal language that he said prevents injunctions against ownership lockouts as well as employee strikes.
Nelson's questions don't necessarily foreshadow her ruling, and legal experts are hesitant to make predictions based on the tenor of a hearing.
Even if Nelson believes she has the authority to issue an injunction, she would also have to find that players are suffering irreparable harm from the lockout, even with the season months away, in order to halt the stoppage.
James Quinn, arguing for the players, pointed to nearly 900 free agents who cannot sign.
"These players have no jobs," he said.
The players contend that in dissolving their union, they gave up collective bargaining rights and gained antitrust protections. Under those laws, the lockout could be seen as an unfair restriction.
"The NFL owners, like everyone else in America, have to abide by the antitrust laws," Quinn said.
But the league argued that its lockout grew out of a labor dispute and is still permitted.
"Can you flip a switch and immediately the antitrust exemption ends? We say no," Boies said.
Nelson raised the prospects of more hearings to gather additional evidence. She also could order the sides into negotiations.
Any decision on the injunction will be appealed by the losing side, and hearings on that step could take another month or two, taking the court battle into June.
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