On Day 62 of the NFL Lockout the owners have finally achieved their first major victory.
The Eighth Circuit Court of Appeals has granted the NFL’s request for a stay of execution. The stay will be in effect until the NFL’s appeal of Judge Susan Nelson’s injunction ruling in favor of the players is heard by the court.
By granting the stay there will be no football activity of any kind until the Eighth Circuit rules on the appeal hearing scheduled for June 3.
The only way a new league year would begin before the middle of June is if the two sides are able to settle on a new collective bargaining agreement. The NFL and players resumed mediation on Monday morning.
This is a major victory for the NFL and its owners. By issuing the stay of execution it puts a hold on the execution of Judge Nelson’s injunction ruling and indicates that the Eight Circuit agrees with the NFL’s position that this is a labor dispute at its core, and not a litigation case.
The Eighth Circuit issued a 24-page ruling that can be read here.
“We have serious doubts that the district court had jurisdiction to enjoin the league’s lockout. Our present view is that Judge Nelson’s interpretation is unlikely to prevail. This is a case in which one party or other likely will suffer some degree of irreparable harm no matter how this court resolves the motion.”
The Eight Circuit Court of Appeals also stated that the harm to the players will be limited by the expedited appeal schedule, which will allow the case to be resolved “well before the beginning of the season.”
Since the beginning of the lockout on March 11 the “NFLPA” had continuously gained leverage. However with the ruling of a stay of execution in favor of the NFL, the owners are back in the driver’s seat.
It will be interesting to see how this development affects negotiations between the two sides moving forward.
Leave a Reply