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Union asks Judge Doty to unseal “lockout insurance” records

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With the labor negotiations teetering on the brink, the union has ramped up the litigation pressure, possibly in advance of the decertify-and-sue maneuver.

The Associated Press reports that the NFLPA has filed a motion with U.S. Judge David Doty requesting that he unseal evidence and testimony from the “lockout insurance” case.  In the court filing, union lawyers explained that “such openness” provides context that “will be the basis for rulings to come.”

The next big ruling in the lockout insurance case relates to whether Judge Doty will prevent the league from receiving the $4.3 billion in 2011 TV revenue in the event of a work stoppage.  Last week, Judge Doty found that the league violated the CBA by failing to maximize the revenue shared by the NFL and the players when negotiating the term that will pay only the owners during a lockout.

The NFLPA claims that the league has yet to explain why the information should remain sealed, and that the league has failed to cooperate with efforts to agree on strategies for protecting third parties, specifically the networks.

It appears that the union primarily hopes to apply more pressure to the league at this delicate juncture of the labor talks.  A decision to release the materials could result in negative P.R. fallout for the league, and it possibly could strain relations with the networks, depending on the extent to which potentially proprietary information is protected.

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26 Responses to “Union asks Judge Doty to unseal “lockout insurance” records”
  1. jaggedmark says: Mar 9, 2011 8:54 PM

    Tomorrow, DeMaurice Smith and the players will show up to the meeting wearing T-shirts that say “Winning”

  2. jeff061 says: Mar 9, 2011 8:54 PM

    the union is going to screw the hand that feeds them…and they will never fully recover if they cause this to blow up.

  3. ipeefreelyagain says: Mar 9, 2011 8:57 PM

    Finally. After all this time believing a deal was imminent, it’s good to know that litigation and decertification is is where we’re headed.

    Wow, my comments are becoming as redundant as the articles submitted! Rip!

  4. hobartbaker says: Mar 9, 2011 8:59 PM

    Dotty loves records. His collection of 45s is legendary.

  5. jimr10 says: Mar 9, 2011 8:59 PM

    In my opinion, the union never intended to settle. They know they will in the court. Too bad the players did not see what a coniving and scheming man De Smith is.

  6. 3octaveFart says: Mar 9, 2011 8:59 PM

    jeff061 says: Mar 9, 2011 8:54 PM

    “the union is going to screw the hand that feeds them”

    ..don’t you mean the hand that tried to screw them?

  7. 3octaveFart says: Mar 9, 2011 9:07 PM

    jimr10 says: Mar 9, 2011 8:59 PM

    “In my opinion, the union never intended to settle. ”

    Wrong.
    It was the owners who never intended to settle, that is before Doty ruled against their slimy attempt at “lockout insurance”.
    Their plan all along was to out-wait, and starve the players into settling.

    Didn’t work.
    Management hates a level playing field.

  8. mataug says: Mar 9, 2011 9:10 PM

    is it just me or are you left with just two comments on pft these days – “great news, looks like finally this will get sorted out” or “damn but now at least the courts will sort it out”

  9. chatham10 says: Mar 9, 2011 9:14 PM

    The owners will lose money if there is a lockout and if the season does not start on time or at all, with that being said the owners will earn the money back over time but what the players lose they will never recover.

  10. Patriot42 says: Mar 9, 2011 9:31 PM

    We could be witnessing another part of America destroying itself because of greed but hasn’t the government doing the same thing?

  11. billbrasky09 says: Mar 9, 2011 9:32 PM

    there’s more comments on here about hand-screwing than a Tim Tebow diary.

  12. commandercornpone says: Mar 9, 2011 9:40 PM

    once they decertify, duh should disappear.

    if he doesnt, decert is a sham. a competent judge should see thru that.

  13. JohnnySinns says: Mar 9, 2011 9:43 PM

    I’d love to fix this before I leave

    signed Obama

  14. goldsteel says: Mar 9, 2011 9:55 PM

    I believe it just another effort by the union to force the owners to the table to get a deal done. The owners already have egg on their face for the lockout fund. And the lock out fund only shows the symbiotic relationship between the television networks and the NFL.

    This is the kind of stuff that happens when the eleventh hour is approaching.

  15. red513 says: Mar 9, 2011 10:05 PM

    The crux of the deal, in my opinion, is that if Doty rules the owners can’t have the TV revenue, it will trigger a default in many of the stadium loan deals. The owners that are mortgaged to the max for new stadiums, like Jones, Irsay, and the New York/NJ contingent have a ton of pressure to keep their loans intact. If there is no potential for football and revenue stream, who will refi those loans? I think this pressure is greater than what the owners want to let on, and is why I believe the union has taken such a hawkish stand lately.

  16. jl222 says: Mar 9, 2011 10:06 PM

    Dotty looks like a queer little union lover.
    Ship him over to Wis and let Gov Walker shake to crap out of him!!

  17. dryzzt23 says: Mar 9, 2011 10:19 PM

    The union seems to be able to do whatever it wants anddemand whatever it wants b/c they know that they have the NLRB in their back pocket, plus a president who backs unions 100%

  18. joerevs300 says: Mar 9, 2011 10:24 PM

    Might as well turn the lights out on any hope of football this coming season.

    “I’ve updated my resume and I suggest you all do the same”-Gru

  19. mayfieldroadboy says: Mar 9, 2011 11:09 PM

    Fuss and file motion after motion all they may, in the end the NFL will have the upper hand. In the final analysis, the NFL and the NFLPA do not have a partnership. No collective bargaining union has the moral or legal right to see the owner’s books; and no owner has the obligation to submit his books showing profit and loss to the union collectively bargaining with him. The union has the right to disband; the NFL has the right to hire any person willing to work for the wages offered. Let’s not forget, this is not an argument about the millions paid to some employees, and the hundreds of thousands paid to others; it’s an argument about how many more millions the employees want to receive. Judge Doty is an anti-business progressive who would like the NFL to give 100% of its income to the union because he thinks the game of football to be national treasure and belong solely to the public and watched only on national public television, and DSmith is pushing the game of football out of the private sector into the public realm of profitless non-existence.

  20. eaglebobby says: Mar 10, 2011 12:21 AM

    Yeah, let me get paid thousands into millions of dollars for playing a kids game and let the owners screw me over for that kind of paycheck. And spare me the, “players put their bodies on the line” crap. They do it because they choose to and it pays well. It’s a fact that a lot of NFL players don’t graduate these days from college, chasing down the big paychecks of the NFL. I still remember the case of ex-Arkansas RB Gary Anderson, who tried suing the San Diego Chargers years ago because they drafted him and tried to hold him to his contract when he wanted to hold out and jump to the USFL–in court, it was discovered he couldn’t even read his contract or understand it.

  21. pmars64 says: Mar 10, 2011 12:22 AM

    The owners are getting their asses kicked all over the place. The owners thought they were so sharp preparing for the lock-out with those TV contract clauses. They thought they would have the players by the balls and it sure looked like they did. Now they’re crapping in their pants because this thing is getting way out of control. It was the owners who walked away in arrogance a few weeks ago when the union made their proposal which really was a concession by the union. The union was waving the white flag with that proposal and the owners slapped them in the face. Well, now its the owners who are getting slapped around and they deserve every minute of it. Let’s remember that the owners are the same slimballs who blackmail taxpayers to build stadiums and then blackmail years-long season ticket holders with five figure personal seat license demands. These are the same slimballs who screwed the fans by letting the LA Rams, Baltimore Colts, original Browns, Houston Oilers, and others move just to maximize their profits. Then they award franchises in Carolina and Jacksonville to be able to continue to blackmail taxpayers in other cities for new stadiums because cities in Baltimore and St Louis didn’t get expansion teams. These same slimballs refuse to lift the blackout rule even though it costs a family of four at least $200 to see a game. I’m so sick of these guys.

  22. endzonezombie says: Mar 10, 2011 7:10 AM

    It appears Kessler does his best work away from the negotiating table.

  23. jc1958cool says: Mar 10, 2011 7:58 AM

    owners hate litigation! too bad so sad, the players have compromised enough! tell the owners to shove it, they’re all magots!

  24. oldbyrd says: Mar 10, 2011 8:54 AM

    Hey pmars 64……thats where you belong on Mars. You Moron. The players are employees. What happened is somehow a communist judge got to rule. He is obviously an Obamaite. UNIONS are all but finished. Unions got crushed in Wis. and there is more to come for the commies. Laughs on you idiot.

  25. stevem7 says: Mar 10, 2011 9:36 AM

    I’ve said it before and I’ll say it again, let the union decertify and then they can’t reconstitute for a period of 20 years. Another example of a union that is ruining this country

  26. vetdana says: Mar 10, 2011 12:35 PM

    Union decertifies,loses antitrust exemption and files antitrust suit, which wins on several points of antitrust law incurring a large treble damage award to be payed by owners. Season is played under old cba rules.New contract is negotiated with New rules formulated after litigation.BOTH parties have the potential to lose in this scenario. OR….Union decertifies…court renders a “Sham”decision and does not recognze decert. Owners lockout for the whole season.Fans very,very angry and do not purchase PSL.s,or renew season tickets, corporations dont purchase luxury suits,team advertising sales go bust ! Some Owners default on loans !Ether scenario could have devestating long term effects on Both parties.They are indeed fools not to get this thing done now, before litigation !!

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