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.