With Judge Susan Nelson denying the NFL’s motion to stay the lifting of the lockout pending appeal, the NFL’s only hope of avoiding the opening of the 2011 league year resides in the U.S. Court of Appeals for the 8th Circuit.
On Tuesday, lawyer David Boies told PFT Live that the league would promptly seek a stay from the 8th Circuit. “If she denies the stay, we’ve already told the 8th Circuit that we will be having papers presented to that court,” Boies said.
The next question becomes whether the NFL will continue to maintain the status quo pending the 8th Circuit’s ruling. The fact that the draft will happen tomorrow forces the NFL to choice to open for business — or to risk being in contempt of Judge Nelson’s order.