On Monday evening Judge Susan Nelson ruled in favor of the players in the case Brady v NFL. In addition to her ruling which in effect brings an end to the lockout, she did NOT place a stay of execution on her decision.
What does this all mean?
The “players association” is currently operating as if the lockout has come to a close. A large contingent of players will show up to team facilities at 8pm EST Tuesday morning looking to resume normal work activities. The owners are currently delaying action on Judge Nelson’s ruling. While they have agreed to open their doors to players, team’s have informed coaches that they still do not want them to have contact with players and that a new league year will NOT begin until the league has its request for a stay examined.
The owners have asked for a “stay of execution” on the injunction order. A stay is simply a delay in the time the injunction takes effect. A stay in this situation would keep the lockout in effect until the owners complete an appeal of the decision Nelson made Monday. The owners’ attorneys will argue Nelson should issue a stay to allow them to preserve the status quo and to appeal her decision. While a stay is frequently granted in similar situations, it is far from a lock in this particular case.
Based on Judge Nelson’s 89-page ruling released on Monday, it is my OPINION that she will not grant the NFL a stay of execution. Nelson consistently cites the “irreparable harm” the lockout is causing NFL players. She also suggests in her opinion that the lockout would do so much damage to so many players that it cannot be allowed to continue. She feels strongly about the damage the lockout will do and I believe she is unlikely to issue the stay that would put the lockout back into effect.
If Judge Nelson does not issue a “stay of execution,” the league will immediately request a stay from the U.S. Court of Appeals for the Eight Circuit. When judges of the higher court consider the possibility of a stay, they will first consider Nelson’s opinion.
It is important to recognize that the appeals court will NOT be making their ruling on whether Judge Nelson’s decision should be reversed. That decision will come in the upcoming months after both sides appear in court and the entire case is heard again.
Rather over the next 24-48 hours, the appeals court will be deciding whether a stay should be placed on Judge Nelson’s decision while the trial is being heard in their court.
While it is possible that the Eighth Circuit court places a stay on the ruling, I believe that is unlikely at this time. The appeals court would have to find significant flaws in Nelson’s ruling to play a stay of execution on the case and I believe her statement was so detailed specifically to prevent that from happening.
If this all happens in the next 24-48 hours, there is a CHANCE that the 2011 league year will begin as soon as Tuesday afternoon. There is still a ton of uncertainty surrounding the entire situation.
Many assumed that the league would simply adapt the 2010 league rules and the NFL would reopen for business. However since the players union technically decertified last month, by operating under the 2010 league rules the NFL is theoretically opening itself up to anti-trust law suits.
The current situation is a mess and one that will have to be sorted out in the immediate future. Chaos may ensue as the NFL offseason could begin in the very near future.
Check back to The [Five] for more on this developing story.
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