Lockout to Continue

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In rendering their decision the Court stated that the “NFL has proven it will likely suffer some form of irreparable harm without a stay”. Not surprisingly, the Court cast doubts on the initial ruling of U.S. District Judge Susan Richard Nelson saying “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.

“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.”

There has been some activity on the mediation front as the owners and players have been meeting with a court ordered mediator U.S. Magistrate Judge Arthur Boylan for the 5th time although this is the first time since April 5th. There has been little if any movement on either side. It is presumed that owners and players are content to wait until June 3rd, when the next round of filings and briefs will be argued.

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  • Andrew Ilnicki

    I was not aware of that Indiana ruling — seems like things are pretty backwards these days. So we did have a country in 1215 btw?

    • David Simpson

      Andrew,
      The Magna Carta and it’s codification in 1215 are significant for one reason. That was the first time in history where common men were extended rights and protections from their fuedal lords and landed gentry of the day. Most important of these protections was the concept of everyman’s “house being his castle” thus requiring a warrant to enter. This very cornerstone of property rights and personal rights, with close to a thousand years of precedent is being systematically eroded or disgarded by judges that believe expediency is more important than personal rights. This is in direct contravention to our Bill of Rights (4th ammendment) and is very disturbing.
      So no, we obviously did not have a country in 1215 as you are well aware. However, the 550 or so years following the Magna Carta afforded our framers and founders a mantle by which they could legitimatize The Constitution, resplendent in it’s enumeration of human dignity and rights.

  • Andrew Ilnicki

    A bit tongue in cheek on my part but clearly the issue is a large and serious one. So do you think the NFL’s case will eventually dominate this thing outright? Who has the most leverage?

  • David Simpson

    The Owners have all the leverage, at this time. And not just from the most recent legal proceedings. One must take into account there are only 32 owners, most of whom are billionaires vs greater than 1900 players, most of whom are not independently wealthy and have a limited shelf life in terms of career. Irrespective of legal manuevering and seeking remedies to address grievences, it is a daunting task simply to keep 1900 people together as one.

    June 3rd will be a milestone that we may use to measure the direction things are going. The owner’s seem intent on sending a message that it is their way and only their way. To date the Courts have promoted such a stance. I am sure the players resolve has been somewhat shaken, despite the public releases stating just the opposite. Of course if you listen to the always affable and somewhat eclectic Jim Irsay, this whole problem could be resolved over cocktails, food and golf.