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5/16/11 Breaking News: 8th Circuit Court Grants Permanent Stay of Lock-Out

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  • 5/16/11 Breaking News: 8th Circuit Court Grants Permanent Stay of Lock-Out

    F***.

    http://www.bleedinggreennation.com/2...permanent-stay

    8th Circuit Court Grants Owners Permanent Stay, Only A Matter Of Time Before Players Lose

    This should come as no surprise, but the 8th circuit court has granted the NFL a permanent stay of Judge Nelson' ruling pending a full appeal sometime next month. When the court granted the temporary stay, it seemed only a matter of time before it would issue a permanent one. The vote was 2-1 and the majority opinion had this to say.
    In sum, we 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," the majority wrote.
    This is the exact argument the NFL made to Judge Nelson. They said that she didn't have jurisdiction in the matter and it should be referred to the National Labor Relations Board, which adjudicates disputes between a union and ownership. She ruled that wasn't the case.

    One of the reasons no one was surprised that Judge Nelson ruled in favor of the players was because of some of the comments she made and questions she asked during the case. It was clear she was leaning toward the players. Read this next part and tell me which way do you think the 8th circuit is leaning? In this passage, they directly address Judge Nelson's ruling.
    "The district court reasoned that this case does not involve or grow out of a labor dispute because the players no longer are represented by a union," the majority wrote. "We have considerable doubt about this interpretation ... [the Norris-La Guardia Act] does not specify that the employees must be members of a union for the case to involve or grow out of a labor dispute."
    If you read the excerpts I took from Judge Nelson's ruling, she was impeccable in backing up her understanding of the law. Right there, the 8th circuit just said.... "We disagree." And in the end, their ruling supersedes Nelson's. In other words, it's over folks.

    This seems pretty simple to me. The players are going to lose. And after the 8th circuit, there's pretty much no where else to go. So, they might want to think hard about really trying to hammer out a deal in these next couple weeks. Because when the owners win, and I think it's pretty clear that they will, this is going to set a precedent that the NFLPA, MLBPA, NHLPA and NBAPA don't want. It may be wise to get a deal done before the 8th circuit hears this case.

  • #2
    http://www.bleedinggreennation.com/2...ckout-still-on

    From JimmyK on BGN...

    NFL Network's Fran Charles:
    The 8th Circuit Court of Appeal has decided to keep the lockout in place until the full appeal is heard, which begins on June 3rd, on whether the lockout itself is legal. The 3 judge panel voted 2-1 in favor of the owners.
    NFL Network's Albert Breer:
    Generally, these cases are decided in about 30-45 days after the hearing, but since this is expedited, it could work a little bit quicker. That means we'll probably get some ruling from the three judges from the 8th Circuit between mid-June and mid-July. So barring a resolution the lockout will be on until then. But there is one caveat here - Retired player Carl Eller, who's leading a group of retired players in this lawsuit, did say that either Monday night or Tuesday the players are expecting some sort of proposal from the league, so we're all waiting on that. Tuesday is scheduled to be the last day of the mediation here in Minneapolis before US magistrate judge Arthur Boylan.
    First of all, eff you 8th Circuit. Secondly, expect the proposal put forth by the owners to be garbage (Let's hope I'm wrong). Thirdly, expect the players to immediately reject the owners' garbage offer. And finally, expect this nonsense to intrude into training camp. Worst... offseason... ever. I'm officially pissed.

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    • #3
      Holy jeez. And every newscast I'd seen about Judge Nelson's ruling, made it sound like it was legally bulletproof.

      And so........yep, the players are going to lose. Cue the conspiracy theory about the billionaire owners bribing the judges.
      "Philly fans are great....It's the only place where you pull up on the bus and you've got the grandfather, the grandmother, the kids and the grandkids - everybody flicking you off. At other stadiums, they give you the thumbs-down. Here, they give you the middle finger.”
      — Michael Strahan

      "No one likes us, no one likes us, no one likes us, we don’t care, we’re from Philly, F—-ing Philly, No one likes us, we don’t care!”
      - Jason Kelce with the best championship speech ever

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      • #4
        Originally posted by balto-eaglefan View Post
        Holy jeez. And every newscast I'd seen about Judge Nelson's ruling, made it sound like it was legally bulletproof.

        And so........yep, the players are going to lose. Cue the conspiracy theory about the billionaire owners bribing the judges.
        The merits of Nelson's well researched, well written ruling obviously held little sway with 2 of the 3 judges on this panel. Bribery had nothing to do with this decision but 'old boy' connections and political philosophy may have had more impact on this decision than 'Blind Justice' would think proper. One thing we all know with certainty: in our society...with rare exceptions...money = influence = power = money.

        The players have lost this round and will now pretty clearly lose the owners' formal appeal of Nelson's ruling as well. For any number of reasons, (high salaries of many, intemperate remarks and behavior of a relative few, over-the-top comments of Smith) the players are not an easy group with whom to sympathize. But I fail to see how any fair minded person can fully support the owners and their water boy, Goodell.

        At some point, the players will be cowed and will have to give in to the owners' demands. Let's hope, for the the good of the game, that the owners don't push their advantage too hard. Dirty deeds have a way of coming around and biting someone in the ass. And that someone will probably be us.

        Comment


        • #5
          Up until now we've heard the owners had lost nearly every court ruling. They MAY win one and suddenly it's money/bribery/good ol boys? Come on. The minny court ruled with the players as expected and the 8th circuit ruled with the owners as expected. It seems ideology rules the day.

          I agree with the sentiment "how can you side with the owners" but the players don't exactly garner a lot of pity either. I never understood the PR battle each side played. What exactly does public sentiment win you in this situation?

          Personally I'm pissed at both sides. I want football but would love both sides to suffer at end of this.

          Comment


          • #6
            Originally posted by fly View Post
            Up until now we've heard the owners had lost nearly every court ruling. They MAY win one and suddenly it's money/bribery/good ol boys? Come on. The minny court ruled with the players as expected and the 8th circuit ruled with the owners as expected. It seems ideology rules the day.
            Fly,

            To the extent that your post may have been in part a response to mine, let me be clear about a couple things:

            - I reject out of hand the possibility that bribery was in any way involved.
            - Ideology (political philosophy) probably had more impact than it should have...probably in both Nelson's ruling and the 8th's saty and looming reversal of Nelson.
            - I put considerable faith in the proposition "Follow the money". Money has a habit of finding it's way into the pockets of powerful, influential, people who already have lots of it. IMO, the owners were prohibitive favorites to win the battle from the outset, largely because they have the money to outlast the the players.
            - I referred to 'old boys', meaning wealthy guys who tend to know one another and share common interests and world views....not to 'good old boys', meaning guys with little money who tend to blow one another and share their wives and farm animals.

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            • #7
              Fair enough tino. I know you rejected bribery ... and in fact, no one in this short thread actually said they believed bribery was an issue.

              I do agree with your post ... I guess I took the scenic route in getting to my point that ideology/philosophy went both ways. It's politics. Which sucks. Sucks hard.

              ...which brings us to your last point. Which, lol.

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              • #8
                This stuff all cracks me up. You had liberal judges appointed by democrats ruling in the players'(union) favor left and right, and no one said a word about political ideology driving the rulings. It simply had to be that the players were right, and the owners were wrong, and those fine, unbiased liberal judges were handing out those unbiased rulings in the players favor because it was the right thing to do under the law.

                Now, all of a sudden, the 8th court, conservative judges rule in favor of the owners, and it's all about political ideology. The players are right, the owners are wrong, and these conservative judges appointed by George Bush *GASP*, are simply exercising judicial activism because of their political ideology.

                Couldn't possibly be that the players got rulings that they shouldn't have gotten because the liberal judges that heard the cases were acting out of their own political ideologies. Naw...can't be that. The owners have no case here. The players are right, the owners are wrong, and by golly, it's gotta be Bush's fault somehow.

                Give me a freakin break here.

                Comment


                • #9
                  I have to laugh at a guy that said somewhere on a board I read that the players were up 21-0, and it was late in the 4th quarter, or something to that effect. Well, the 8th circuit court just came in and threw 3 TD passes in the last minute, and it's tied up again.

                  Look for overtime to last until at least September. I don't think we'll have NFL football until at least October, if at all.

                  Between them all, the players and owners have got to be the biggest bunch of overly-wealthy DOLTS in the history of modern civilization.

                  Comment


                  • #10
                    Fuck them both and the jackass bankers they rode in on.
                    Official Driver of the Eagles Bandwagon!!!
                    Bleedin' Green since birth!

                    "Do not regret growing older. It is a privilege denied to many." - Mike Willey

                    ”Enjoy The Ride!!!” - Bob Marcus

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                    • #11
                      Originally posted by Eaglebreath View Post
                      ...Look for overtime to last until at least September. I don't think we'll have NFL football until at least October, if at all...
                      If at all? I've got to think there's almost 0% chance that there's not a season. The greed that got them to this point is the same greed that assures there will be a season, thankfully. One of them will crack - probably the players - and a contract will be agreed to at the last minute before anyone loses too much money.

                      Also, let's not forget that this is how almost all contract negotiations go. Everyone cries doom and gloom saying they don't see how it will end, and then right before doomsday, miraculously there's a new contract.

                      Comment


                      • #12
                        Originally posted by Eaglebreath View Post
                        This stuff all cracks me up. You had liberal judges appointed by democrats ruling in the players'(union) favor left and right, and no one said a word about political ideology driving the rulings.

                        The players are right, the owners are wrong, and by golly, it's gotta be Bush's fault somehow.


                        At the risk of confusing things with an actual fact or two:

                        - Federal District Court Judge David Doty, who has repeatedly ruled in the players favor and is regarded by the owners as their arch nemesis, was appointed to the Federal Court in 1987 by that wild eyed liberal Democrat, Ronald Reagan.

                        - Maybe I missed it, but in my reading of this thread, the first and only mention of 'George Bush' appears in your post. Perhaps you're referring to arguments/statements you've heard or read elsewhere regarding this dispute.

                        Comment


                        • #13
                          This is what you get when you let the process get this far. The owners and players are now down the path and it will be right wing/left wing - billionaires/millionaires - not stop legal haggling. It's gone. They screwed up. We will pay the price now.
                          Carson Wentz ERA


                          NFC East Titles:
                          Playoff Appearances:
                          NFC Title Games:
                          Super Bowl Titles:

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                          • #14
                            I will never understand why they wasted time sending it to Nelson if this was going to happen. It sounds like a waste of time and the case should have never gone to her.

                            Originally posted by tinopuno View Post
                            At the risk of confusing things with an actual fact or two:

                            - Federal District Court Judge David Doty, who has repeatedly ruled in the players favor and is regarded by the owners as their arch nemesis, was appointed to the Federal Court in 1987 by that wild eyed liberal Democrat, Ronald Reagan.
                            I was just about to post this. Thank you.
                            FRESH > cancer

                            I hate everything the Cowboys stand for. If you think they are America's team, then you support everything that is wrong with America. The excess, the greed, the lack of maturity, the lack of responsibility, the lack of control. - Luzinski's Gut

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                            • #15
                              "Even a guy like me, I’m on the executive committee, so I was in a lot of those mediation sessions prior to the lockout and everything else and I’m very up to speed about everything that’s happening with the courts. And yet you still feel pretty helpless. You’re just kind of sitting there waiting for judges to make their decision."
                              --- Drew Brees.

                              Isn't he on the exec committee that's involved in the mediations? Helpless? Try negotiating a deal. What the hell is going on?

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