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	<title>Comments on: Winning on appeal will be an uphill climb for the NFL</title>
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	<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/</link>
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		<title>By: kurmudge</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1042255</link>
		<dc:creator><![CDATA[kurmudge]]></dc:creator>
		<pubDate>Wed, 27 Apr 2011 18:57:21 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1042255</guid>
		<description><![CDATA[Political bias is pretty easy to locate in this case.  All you need to do is remember your remedies class and look at the definition of &quot;irreparable harm&quot;.  She is twisting around painfully to say that near term loss 0f dollars constitutes IH, thus re-defining it to mean exactly the opposite of what every bit of case law established.  No player is damaged in any way, other than financially, until paychecks were expected again, and even then, that is.... dollars.  Read my lips: the players are NOT suffering irreparable harm, despite 89 pages of BS or the fact that a bunch of owners are scummy jerks.  That is why the 8th circuit, looking de novo, has to vacate the stay. 

On the contrary, of course- equitable relief is, by definition, only for cases where money damages CAN&#039;T rectify the harm. 

The stay has zilch to do with whether or not the players, under current antitrust law, have a good case in their lawsuit.  Every problem here can be fixed by writing a check.]]></description>
		<content:encoded><![CDATA[<p>Political bias is pretty easy to locate in this case.  All you need to do is remember your remedies class and look at the definition of &#8220;irreparable harm&#8221;.  She is twisting around painfully to say that near term loss 0f dollars constitutes IH, thus re-defining it to mean exactly the opposite of what every bit of case law established.  No player is damaged in any way, other than financially, until paychecks were expected again, and even then, that is&#8230;. dollars.  Read my lips: the players are NOT suffering irreparable harm, despite 89 pages of BS or the fact that a bunch of owners are scummy jerks.  That is why the 8th circuit, looking de novo, has to vacate the stay. </p>
<p>On the contrary, of course- equitable relief is, by definition, only for cases where money damages CAN&#8217;T rectify the harm. </p>
<p>The stay has zilch to do with whether or not the players, under current antitrust law, have a good case in their lawsuit.  Every problem here can be fixed by writing a check.</p>
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		<title>By: 3octaveFart</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1040622</link>
		<dc:creator><![CDATA[3octaveFart]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 18:16:54 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1040622</guid>
		<description><![CDATA[chapnastier says: Apr 26, 2011 7:50 AM

&quot;It’s really sad that political bias affects our judicial system from either side of the aisle.&quot;

So, had things gone &quot;your way&quot;, it would have been because the judge, who was wise and knowledgeable, applied the law in a fair and just manner.

But since it didn&#039;t, it just HAS to be because of political bias.

Go away clown, you circus act is getting stale.]]></description>
		<content:encoded><![CDATA[<p>chapnastier says: Apr 26, 2011 7:50 AM</p>
<p>&#8220;It’s really sad that political bias affects our judicial system from either side of the aisle.&#8221;</p>
<p>So, had things gone &#8220;your way&#8221;, it would have been because the judge, who was wise and knowledgeable, applied the law in a fair and just manner.</p>
<p>But since it didn&#8217;t, it just HAS to be because of political bias.</p>
<p>Go away clown, you circus act is getting stale.</p>
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		<title>By: Deb</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1040394</link>
		<dc:creator><![CDATA[Deb]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 16:09:17 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1040394</guid>
		<description><![CDATA[Yes, trey, when you don&#039;t get your way, it&#039;s because biased liberal activist judges played politics and ruled against you. But when things go according to plan, it&#039;s because good, conservative judges rigidly applied the letter of the law. Ooooh, you&#039;re soooo astute. :roll:]]></description>
		<content:encoded><![CDATA[<p>Yes, trey, when you don&#8217;t get your way, it&#8217;s because biased liberal activist judges played politics and ruled against you. But when things go according to plan, it&#8217;s because good, conservative judges rigidly applied the letter of the law. Ooooh, you&#8217;re soooo astute. <img src='http://s2.wp.com/wp-includes/images/smilies/icon_rolleyes.gif' alt=':roll:' class='wp-smiley' /> </p>
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		<title>By: burntorangehorn</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1040325</link>
		<dc:creator><![CDATA[burntorangehorn]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 15:33:10 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1040325</guid>
		<description><![CDATA[Trey says: 
Apr 26, 2011 8:18 AM 
Your probably right the 8th circuit will not make an activist ruling even though Nelson did. Clarence Darrow lost his famous trial, so why would you want him? Probably because you don’t know history.
================================
You mean Leopold and Loeb, or Scopes? While convictions occurred in each, you obviously lack intellectual depth if you consider Darrow&#039;s accomplishments in either case to be anything but successful. But feel free to pretend you know history while saying others don&#039;t.]]></description>
		<content:encoded><![CDATA[<p>Trey says:<br />
Apr 26, 2011 8:18 AM<br />
Your probably right the 8th circuit will not make an activist ruling even though Nelson did. Clarence Darrow lost his famous trial, so why would you want him? Probably because you don’t know history.<br />
================================<br />
You mean Leopold and Loeb, or Scopes? While convictions occurred in each, you obviously lack intellectual depth if you consider Darrow&#8217;s accomplishments in either case to be anything but successful. But feel free to pretend you know history while saying others don&#8217;t.</p>
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		<title>By: bsizemore68</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1040216</link>
		<dc:creator><![CDATA[bsizemore68]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 14:46:22 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1040216</guid>
		<description><![CDATA[The judge made her ruling, now we will see where that ruling goes, don&#039;t be in a hurry for open free agency, it could be your team super star who may want to move south from Chicago or Green Bay. Bill]]></description>
		<content:encoded><![CDATA[<p>The judge made her ruling, now we will see where that ruling goes, don&#8217;t be in a hurry for open free agency, it could be your team super star who may want to move south from Chicago or Green Bay. Bill</p>
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		<title>By: ntr0py</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1040164</link>
		<dc:creator><![CDATA[ntr0py]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 14:29:57 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1040164</guid>
		<description><![CDATA[&quot;Not any of you guys but a couple months back there sure was alot of morons on this forum. I stated that the NFL can’t lock out or deny a person’s right to better themselves under the U.S constitution. And boy there sure were alot of idiots who thought they were on Law and Order or something saying I was stupid and all this crap.&quot;

Just to be clear, in the sense that you are making a statement with confidence that is obviously false, that is a very stupid comment. I&#039;m sure even the NFLPA&#039;s lawyers would agree on that point. Not only is the constitution silent on these issues, anti-trust law didn&#039;t even exist for most of this country&#039;s history.]]></description>
		<content:encoded><![CDATA[<p>&#8220;Not any of you guys but a couple months back there sure was alot of morons on this forum. I stated that the NFL can’t lock out or deny a person’s right to better themselves under the U.S constitution. And boy there sure were alot of idiots who thought they were on Law and Order or something saying I was stupid and all this crap.&#8221;</p>
<p>Just to be clear, in the sense that you are making a statement with confidence that is obviously false, that is a very stupid comment. I&#8217;m sure even the NFLPA&#8217;s lawyers would agree on that point. Not only is the constitution silent on these issues, anti-trust law didn&#8217;t even exist for most of this country&#8217;s history.</p>
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		<title>By: hawkdawg88</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1040128</link>
		<dc:creator><![CDATA[hawkdawg88]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 14:16:43 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1040128</guid>
		<description><![CDATA[Partially right.  The deference to which the judge is entitled does not extend to her pure interpretion of &quot;the law&quot;.  It applies to her findings of facts, and application of those facts to the law.]]></description>
		<content:encoded><![CDATA[<p>Partially right.  The deference to which the judge is entitled does not extend to her pure interpretion of &#8220;the law&#8221;.  It applies to her findings of facts, and application of those facts to the law.</p>
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		<title>By: jasonculhane</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1040118</link>
		<dc:creator><![CDATA[jasonculhane]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 14:11:33 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1040118</guid>
		<description><![CDATA[Wow..  Not any of you guys but a couple months back there sure was alot of morons on this forum.  I stated that the NFL can&#039;t lock out or deny a person&#039;s right to better themselves under the U.S constitution.  And boy there sure were alot of idiots who thought they were on Law and Order or something saying I was stupid and all this crap.  Now look at ya.  I predicted all of this would happen.  Lawsuits would be flying.  You can&#039;t deny a persons right to make a living.  Thats what this is.  Times are different then the 80&#039;s folks.  Todays NFL steals more money from the public then it ever had in previous years past.  We fund the stadiums, hot dogs stands everything...They just don&#039;t have the right to lockout..No matter how you spin it the reasons for a lockout are greedy, even to a courtroom of law.

Vincent Jackson and among other free agents had chances to sign with other teams and make more money.  Most of these teams DENIED them that chance....To make those players suffer? Jackson could have made 8 million with the Vikings...Instead the Chargers denied Jackson of that right....Bad move.  All of those owners were prepared for the lockout and wanted it, which was proven in court.  

I don&#039;t care if I get a 1000 &quot;thumbs downs&quot; hardly anyone here on these forums knows what they were talking about.  The NFL isn&#039;t a private business, private businesses employees are not funded by the public.  The lockout is lifted and I was right.]]></description>
		<content:encoded><![CDATA[<p>Wow..  Not any of you guys but a couple months back there sure was alot of morons on this forum.  I stated that the NFL can&#8217;t lock out or deny a person&#8217;s right to better themselves under the U.S constitution.  And boy there sure were alot of idiots who thought they were on Law and Order or something saying I was stupid and all this crap.  Now look at ya.  I predicted all of this would happen.  Lawsuits would be flying.  You can&#8217;t deny a persons right to make a living.  Thats what this is.  Times are different then the 80&#8242;s folks.  Todays NFL steals more money from the public then it ever had in previous years past.  We fund the stadiums, hot dogs stands everything&#8230;They just don&#8217;t have the right to lockout..No matter how you spin it the reasons for a lockout are greedy, even to a courtroom of law.</p>
<p>Vincent Jackson and among other free agents had chances to sign with other teams and make more money.  Most of these teams DENIED them that chance&#8230;.To make those players suffer? Jackson could have made 8 million with the Vikings&#8230;Instead the Chargers denied Jackson of that right&#8230;.Bad move.  All of those owners were prepared for the lockout and wanted it, which was proven in court.  </p>
<p>I don&#8217;t care if I get a 1000 &#8220;thumbs downs&#8221; hardly anyone here on these forums knows what they were talking about.  The NFL isn&#8217;t a private business, private businesses employees are not funded by the public.  The lockout is lifted and I was right.</p>
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		<title>By: rad312</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1040115</link>
		<dc:creator><![CDATA[rad312]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 14:09:37 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1040115</guid>
		<description><![CDATA[At this point the owners have only one option available and that is to continue to appeal the ruling.  The reality is all leverage is with the players based on the liberal ruling of a liberal judge.

Just another reason to be disgusted with politics!

The writing with Nelson was on the wall when she chose mediation to be handled by one of her cronies as oppose to the Federal mediator.]]></description>
		<content:encoded><![CDATA[<p>At this point the owners have only one option available and that is to continue to appeal the ruling.  The reality is all leverage is with the players based on the liberal ruling of a liberal judge.</p>
<p>Just another reason to be disgusted with politics!</p>
<p>The writing with Nelson was on the wall when she chose mediation to be handled by one of her cronies as oppose to the Federal mediator.</p>
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		<title>By: flyerscup2010</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1040098</link>
		<dc:creator><![CDATA[flyerscup2010]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 14:02:29 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1040098</guid>
		<description><![CDATA[this is a great breakdown, thanks for shedding some light on how all of this works for us non-legal folk.]]></description>
		<content:encoded><![CDATA[<p>this is a great breakdown, thanks for shedding some light on how all of this works for us non-legal folk.</p>
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		<title>By: themohel</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1040077</link>
		<dc:creator><![CDATA[themohel]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 13:52:57 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1040077</guid>
		<description><![CDATA[If I were asking the 8th Circuit for a stay on behalf of the owners, I would argue that Judge Nelson abused her discretion by not delaying the lifting of the lockout for at least a few days to allow the league (and players) the time to determine how to proceed.  There is little harm to any party in a five business-day delay to avoid the chaos we see today.  I would also use this chaos today and going forward (especially the uncertainty facing the league about what rules will be acceptable going forward) to argue that a lockout should be in place until there is clarity about these anti-trust issues.  Lastly, I would argue that she abused her discretion by not waiting for the NLRB&#039;s ruling on the legality of the decertification.]]></description>
		<content:encoded><![CDATA[<p>If I were asking the 8th Circuit for a stay on behalf of the owners, I would argue that Judge Nelson abused her discretion by not delaying the lifting of the lockout for at least a few days to allow the league (and players) the time to determine how to proceed.  There is little harm to any party in a five business-day delay to avoid the chaos we see today.  I would also use this chaos today and going forward (especially the uncertainty facing the league about what rules will be acceptable going forward) to argue that a lockout should be in place until there is clarity about these anti-trust issues.  Lastly, I would argue that she abused her discretion by not waiting for the NLRB&#8217;s ruling on the legality of the decertification.</p>
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		<title>By: teddyrex</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1040071</link>
		<dc:creator><![CDATA[teddyrex]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 13:50:36 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1040071</guid>
		<description><![CDATA[chapnastier, deepthreat, you guys REALLY don&#039;t know what you&#039;re talking about.

there is no political bias here, other than what you&#039;re expressing, which is why 2 Republicans and a Democrat have consistently found in favor of the players.

1) As to the &quot;decertification is a sham&quot; argument, here&#039;s a short version as to why this is BS.  The actual argument being made by the NFL is that the NFLPA&#039;s decertification is pretextual and being done to get out from bargaining with the NFL in good faith.  The first problem with this argument is that the NFL waived it (they agreed to not raise this claim in future proceedings) as part of their 1992 CBA, which was extended as part of the 2006 CBA.  Which the owners, in their legal briefs, didn&#039;t really have a good response to.  So if you want to explain to the judges why honoring contracts is &quot;political&quot; or &quot;partisan&quot;, good luck, but more likely you guys are just listening to too much right wing talk radio.  The second problem with this argument is that the owners made very clear that they were going to extract significant concessions from the players or lock them out.  You have numerous quotes from Jerry Richardson and others (someone needs to put a muzzle on that fool) saying they were going to crush the union, you have TV contracts that explicitly benefited the owners in the event of a lockout, you have the owners themselves opting out of the 2008 agreement, and there&#039;s evidently a powerpoint presentation floating around explaining how the owners can be making more money, even if they lose a season&#039;s worth of revenues in the event of a lockout.  All of that makes it pretty hard for the owners to argue that the players were not negotiating in good faith, or that decertification was a sham to get them out of negotiating in good faith, when it&#039;s pretty clear that the owners were looking for fairly major revisions to the deal already in place (relevant here is the fact that they never opened up their books to verify their claim that the existing CBA was uneconomical for them), and were prepared for a lockout if they didn&#039;t get those concessions.

Moreover, deepthreat, organizing all 32 teams into one company wouldn&#039;t really matter, if that one company had an effective monopoly on most or all of the professional football industry (which the NFL does).  This is something that the most right wing conservatives and most left wing liberals have all agreed on, because it&#039;s pretty clearly established under antitrust law (the economic basis for this is also pretty well agreed upon, which is that you can&#039;t have efficient or &quot;free&quot; markets if there&#039;s one party dominating the market, or multiple parties colluding to dominate the market, and collecting &quot;monopoly rents&quot;).

There&#039;s politics and there&#039;s law.  I know a lot of right wing folks are pissed off because labor is winning this fight, and their instincts are to be on the side of the owners, but the law here is very very clear.  As such, it&#039;s pretty perplexing as to why the NFL has pursued this very disastrous strategy.  People will get fired, and I&#039;d guess that Roger Goodell and Jeff Pash (NFL general counsel) are the first to go.  I also wouldn&#039;t be surprised if some of the more hardline owners are forced out (Jerry Richardson in particular).  It cannot be overstated how perilous the owners&#039; position is right now.  They could lose everything if the players want to proceed.  All because they got greedy and wanted a few more dollars out of an economic model that was working for them.]]></description>
		<content:encoded><![CDATA[<p>chapnastier, deepthreat, you guys REALLY don&#8217;t know what you&#8217;re talking about.</p>
<p>there is no political bias here, other than what you&#8217;re expressing, which is why 2 Republicans and a Democrat have consistently found in favor of the players.</p>
<p>1) As to the &#8220;decertification is a sham&#8221; argument, here&#8217;s a short version as to why this is BS.  The actual argument being made by the NFL is that the NFLPA&#8217;s decertification is pretextual and being done to get out from bargaining with the NFL in good faith.  The first problem with this argument is that the NFL waived it (they agreed to not raise this claim in future proceedings) as part of their 1992 CBA, which was extended as part of the 2006 CBA.  Which the owners, in their legal briefs, didn&#8217;t really have a good response to.  So if you want to explain to the judges why honoring contracts is &#8220;political&#8221; or &#8220;partisan&#8221;, good luck, but more likely you guys are just listening to too much right wing talk radio.  The second problem with this argument is that the owners made very clear that they were going to extract significant concessions from the players or lock them out.  You have numerous quotes from Jerry Richardson and others (someone needs to put a muzzle on that fool) saying they were going to crush the union, you have TV contracts that explicitly benefited the owners in the event of a lockout, you have the owners themselves opting out of the 2008 agreement, and there&#8217;s evidently a powerpoint presentation floating around explaining how the owners can be making more money, even if they lose a season&#8217;s worth of revenues in the event of a lockout.  All of that makes it pretty hard for the owners to argue that the players were not negotiating in good faith, or that decertification was a sham to get them out of negotiating in good faith, when it&#8217;s pretty clear that the owners were looking for fairly major revisions to the deal already in place (relevant here is the fact that they never opened up their books to verify their claim that the existing CBA was uneconomical for them), and were prepared for a lockout if they didn&#8217;t get those concessions.</p>
<p>Moreover, deepthreat, organizing all 32 teams into one company wouldn&#8217;t really matter, if that one company had an effective monopoly on most or all of the professional football industry (which the NFL does).  This is something that the most right wing conservatives and most left wing liberals have all agreed on, because it&#8217;s pretty clearly established under antitrust law (the economic basis for this is also pretty well agreed upon, which is that you can&#8217;t have efficient or &#8220;free&#8221; markets if there&#8217;s one party dominating the market, or multiple parties colluding to dominate the market, and collecting &#8220;monopoly rents&#8221;).</p>
<p>There&#8217;s politics and there&#8217;s law.  I know a lot of right wing folks are pissed off because labor is winning this fight, and their instincts are to be on the side of the owners, but the law here is very very clear.  As such, it&#8217;s pretty perplexing as to why the NFL has pursued this very disastrous strategy.  People will get fired, and I&#8217;d guess that Roger Goodell and Jeff Pash (NFL general counsel) are the first to go.  I also wouldn&#8217;t be surprised if some of the more hardline owners are forced out (Jerry Richardson in particular).  It cannot be overstated how perilous the owners&#8217; position is right now.  They could lose everything if the players want to proceed.  All because they got greedy and wanted a few more dollars out of an economic model that was working for them.</p>
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		<title>By: salmen76</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1040025</link>
		<dc:creator><![CDATA[salmen76]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 13:23:06 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1040025</guid>
		<description><![CDATA[Ha Ha. All you high-powered &quot;X&quot; lawyers said the league was right all along and that the league would and should win. Now what.? Ha Ha. As usual mike, you are wrong again. Players win this big victory in your face. So you can type your bull crap excuses about the law and why yall lost all you want to but bottom line is, You Lose Again! Ha Ha. To hell with all those rich owners. They don&#039;t play football. Geaux Saints!]]></description>
		<content:encoded><![CDATA[<p>Ha Ha. All you high-powered &#8220;X&#8221; lawyers said the league was right all along and that the league would and should win. Now what.? Ha Ha. As usual mike, you are wrong again. Players win this big victory in your face. So you can type your bull crap excuses about the law and why yall lost all you want to but bottom line is, You Lose Again! Ha Ha. To hell with all those rich owners. They don&#8217;t play football. Geaux Saints!</p>
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		<title>By: WingT</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1039988</link>
		<dc:creator><![CDATA[WingT]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 12:44:06 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1039988</guid>
		<description><![CDATA[&quot;..and with the first pick of the draft , the Carolina Panthers select ...a lawyer....kind of sad isn&#039;t it?]]></description>
		<content:encoded><![CDATA[<p>&#8220;..and with the first pick of the draft , the Carolina Panthers select &#8230;a lawyer&#8230;.kind of sad isn&#8217;t it?</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: jtfris</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1039976</link>
		<dc:creator><![CDATA[jtfris]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 12:29:34 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1039976</guid>
		<description><![CDATA[Simple math.  The owners lose the right to lock out  the players at this point because the players have a liklihood of winning in Minn, but win the case in the end based on the arguments of the appellate court.

This may be the best situation for fans.  Football continues and in the end the competitive balance is preserved.]]></description>
		<content:encoded><![CDATA[<p>Simple math.  The owners lose the right to lock out  the players at this point because the players have a liklihood of winning in Minn, but win the case in the end based on the arguments of the appellate court.</p>
<p>This may be the best situation for fans.  Football continues and in the end the competitive balance is preserved.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: will12203</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1039973</link>
		<dc:creator><![CDATA[will12203]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 12:25:23 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1039973</guid>
		<description><![CDATA[+ 2 now for the Players]]></description>
		<content:encoded><![CDATA[<p>+ 2 now for the Players</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Trey</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1039970</link>
		<dc:creator><![CDATA[Trey]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 12:18:47 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1039970</guid>
		<description><![CDATA[You are probably right the 8th circuit will not make an activist ruling even though Nelson did. Clarence Darrow lost his famous trial, so why would you want him? Probably because you don&#039;t know history.]]></description>
		<content:encoded><![CDATA[<p>You are probably right the 8th circuit will not make an activist ruling even though Nelson did. Clarence Darrow lost his famous trial, so why would you want him? Probably because you don&#8217;t know history.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Trey</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1039966</link>
		<dc:creator><![CDATA[Trey]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 12:18:16 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1039966</guid>
		<description><![CDATA[Your probably right the 8th circuit will not make an activist ruling even though Nelson did. Clarence Darrow lost his famous trial, so why would you want him? Probably because you don&#039;t know history.]]></description>
		<content:encoded><![CDATA[<p>Your probably right the 8th circuit will not make an activist ruling even though Nelson did. Clarence Darrow lost his famous trial, so why would you want him? Probably because you don&#8217;t know history.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: primetime17</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1039960</link>
		<dc:creator><![CDATA[primetime17]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 12:16:42 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1039960</guid>
		<description><![CDATA[That judge is smokin&#039; hot!
Yummy!]]></description>
		<content:encoded><![CDATA[<p>That judge is smokin&#8217; hot!<br />
Yummy!</p>
]]></content:encoded>
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	<item>
		<title>By: darthvader89</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1039953</link>
		<dc:creator><![CDATA[darthvader89]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 12:06:11 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1039953</guid>
		<description><![CDATA[Maybe the NFL&#039;s legal representation just isn&#039;t good enough. That Abraham Lincoln guy sounds like the weak link in the lineup.]]></description>
		<content:encoded><![CDATA[<p>Maybe the NFL&#8217;s legal representation just isn&#8217;t good enough. That Abraham Lincoln guy sounds like the weak link in the lineup.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: burntorangehorn</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1039948</link>
		<dc:creator><![CDATA[burntorangehorn]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 11:58:59 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1039948</guid>
		<description><![CDATA[Clarence Darrow definitely try to help the NFL. The lockout is too good for the trial defense lawyer&#039;s business.

*zing!*

(disclaimer: I&#039;m a huge fan of Darrow)]]></description>
		<content:encoded><![CDATA[<p>Clarence Darrow definitely try to help the NFL. The lockout is too good for the trial defense lawyer&#8217;s business.</p>
<p>*zing!*</p>
<p>(disclaimer: I&#8217;m a huge fan of Darrow)</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: jlinatl</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1039944</link>
		<dc:creator><![CDATA[jlinatl]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 11:55:33 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1039944</guid>
		<description><![CDATA[Legalities aside, this ruling opens the door to the disupute becoming more contentious.

I really don&#039;t care about how this thing is resolved but this ruling seems more likely to lead to escalation on both sides than resolution. I&#039;m not so sure this is in the game&#039;s or fans&#039; best interest.

I don&#039;t see how &quot;show up and force them to pay workout bonuses&quot; and &quot;lock the weight room and don&#039;t talk to them&quot; can be seen as a move in the right direction.]]></description>
		<content:encoded><![CDATA[<p>Legalities aside, this ruling opens the door to the disupute becoming more contentious.</p>
<p>I really don&#8217;t care about how this thing is resolved but this ruling seems more likely to lead to escalation on both sides than resolution. I&#8217;m not so sure this is in the game&#8217;s or fans&#8217; best interest.</p>
<p>I don&#8217;t see how &#8220;show up and force them to pay workout bonuses&#8221; and &#8220;lock the weight room and don&#8217;t talk to them&#8221; can be seen as a move in the right direction.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: eagleswin</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1039943</link>
		<dc:creator><![CDATA[eagleswin]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 11:55:32 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1039943</guid>
		<description><![CDATA[All the league needs right now is a stay while the appeal process is heard.  The more important ruling will be the one by the NLRB.  If the NLRB rules in favor of the league these other court cases are all moot.  The antitrust goes away and the lockout case goes away.]]></description>
		<content:encoded><![CDATA[<p>All the league needs right now is a stay while the appeal process is heard.  The more important ruling will be the one by the NLRB.  If the NLRB rules in favor of the league these other court cases are all moot.  The antitrust goes away and the lockout case goes away.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: eaglebobby</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1039941</link>
		<dc:creator><![CDATA[eaglebobby]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 11:53:24 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1039941</guid>
		<description><![CDATA[I can&#039;t understand how Judge Nelson ruled that the players dissolved their union when quite clearly they haven&#039;t. I also can&#039;t see how the players are &quot;irreparably harmed&quot; when they don&#039;t even start losing paychecks until September.

But hey, welcome to the NEW NFL--because the players have won this battle, they&#039;ll no doubt win their antitrust case where there will be no draft, no FA limits, and no salary cap. Every player will get to shop their services--but of the college players coming out, only about the top 20 will get the big money--the rest will have to take what they&#039;re offered--or they don&#039;t play. Cause there won&#039;t be any ceiling or any floor either when it comes to pay. So if the judge thought the players were irreparably harmed now, wait till the new rules kick in.]]></description>
		<content:encoded><![CDATA[<p>I can&#8217;t understand how Judge Nelson ruled that the players dissolved their union when quite clearly they haven&#8217;t. I also can&#8217;t see how the players are &#8220;irreparably harmed&#8221; when they don&#8217;t even start losing paychecks until September.</p>
<p>But hey, welcome to the NEW NFL&#8211;because the players have won this battle, they&#8217;ll no doubt win their antitrust case where there will be no draft, no FA limits, and no salary cap. Every player will get to shop their services&#8211;but of the college players coming out, only about the top 20 will get the big money&#8211;the rest will have to take what they&#8217;re offered&#8211;or they don&#8217;t play. Cause there won&#8217;t be any ceiling or any floor either when it comes to pay. So if the judge thought the players were irreparably harmed now, wait till the new rules kick in.</p>
]]></content:encoded>
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	<item>
		<title>By: chapnastier</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1039937</link>
		<dc:creator><![CDATA[chapnastier]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 11:50:34 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1039937</guid>
		<description><![CDATA[It&#039;s really sad that political bias affects our judicial system from either side of the aisle. I know there is nothing that can be done about it but I don&#039;t recall any judge swearing on a bible to uphold the ideals of their particular political party.]]></description>
		<content:encoded><![CDATA[<p>It&#8217;s really sad that political bias affects our judicial system from either side of the aisle. I know there is nothing that can be done about it but I don&#8217;t recall any judge swearing on a bible to uphold the ideals of their particular political party.</p>
]]></content:encoded>
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	<item>
		<title>By: deepthreat</title>
		<link>http://profootballtalk.nbcsports.com/2011/04/26/winning-on-appeal-will-be-an-uphill-climb-for-the-nfl/#comment-1039936</link>
		<dc:creator><![CDATA[deepthreat]]></dc:creator>
		<pubDate>Tue, 26 Apr 2011 11:49:26 +0000</pubDate>
		<guid isPermaLink="false">http://profootballtalk.nbcsports.com/?p=127153#comment-1039936</guid>
		<description><![CDATA[Not being a legal expert...
How can any judge possibly think the players’ decertification of the union is not a sham ?
This - and the Needle case - could be really bad for the league if the union never decertifies.
Every rookie coming into the league could sue for anti-trust if they couldn’t play for any team they want.
It would be even worse than MLB because MLB has the anti-trust exemption.

If I ran that league, I would look at what lost that Needle case and reorganize the league into a form that would win it.

They need to be organized into a single business entity.]]></description>
		<content:encoded><![CDATA[<p>Not being a legal expert&#8230;<br />
How can any judge possibly think the players’ decertification of the union is not a sham ?<br />
This &#8211; and the Needle case &#8211; could be really bad for the league if the union never decertifies.<br />
Every rookie coming into the league could sue for anti-trust if they couldn’t play for any team they want.<br />
It would be even worse than MLB because MLB has the anti-trust exemption.</p>
<p>If I ran that league, I would look at what lost that Needle case and reorganize the league into a form that would win it.</p>
<p>They need to be organized into a single business entity.</p>
]]></content:encoded>
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