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Thread: What's next in the legal battle?

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    What's next in the legal battle?

    Caveat: everything I'm going to say here is the product of my interpretation of the limited information that has been publicized about yesterday's hearing, so a big grain of salt is required...

    1. The primary argument of the NFLPA was that the lockout violates antitrust laws (in that the NFL teams are acting in collusion to control the market), and that "irreparable ham" is resulting from the inability of the many free agents to "get hired" while the lockout continues.

    2. The primary argument of the NFL is that the NFLPA, despite the decertification, continues to act as a union and, accordingly, the National Labor Relations Board, rather than the court, has jurisdiction over the matter.

    3. The reports I've read and heard indicate that the judge hinted that she is inclined to side with the NFLPA. I can tell you from arguing many issues before judges that, while a judge's "hints" can often foreshadow the outcome, sometimes the actual ruling goes the other way.

    4. The judge took the matter "under advisement." That typically means that she (a) wants to review more case law, and/or (b) wants to have time to write a detailed order (this is particularly important when the ruling is likely - in this case, certain - to be reviewed by an appellate court.

    5. If the judge grants an injunction, the next step will be a Motion to Stay. This is essentially a request by the NFL that the status quo (the lockout) be maintained until the appellate court rules. If this is denied, the lockout could be lifted while the appeal goes forward, leading potentially to a flurry of activity (trades, FA signings).

    6. The judge reportedly urged both sides to try to resolve the matter. Judges do this for several reasons. The most obvious is that a settlement takes the burden of ruling off the judge. It is also a way of reminding the parties that if the case goes to judgment, at least one party, and sometimes both parties, will not be happy with the outcome.


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    Re: What's next in the legal battle?

    Never mind the salt Av .. Good stuff particularly for those of us like myself who are largely unfamiliar with legal terms and all their implications. Can't rep you till I spread some more around .. Thanks for the input put forth in simple layman's terms .. Keep it up!

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    Re: What's next in the legal battle?

    The latest...

    U.S. District Court Judge Nelson has ordered the parties to engage in mediation starting this Thursday before a Magistrate Judge.

    The decision to send them to a Magistrate is noteworthy because, while a settlement cannot be imposed upon the parties, a Magistrate can control the process more than most mediators can. For example, a Magistrate can decide when the parties will meet, for how long, and when an impasse has been reached (in a private mediation, the parties control these issues).

    Another difference is that, while technically the process is confidential and the Magistrate is not supposed to report the details to the District Court Judge, there is always the fear that if one party upsets the Magistrate, the Judge will be made aware of that fact.
    MauiRam likes this.

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    Re: What's next in the legal battle?

    While hope may be the first step on the road to disappointment...

    I am feeling really hopeful

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