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Appeals court reinstates lockout, during draft

PadlockAP AP

Earlier today, ESPN reported that the U.S. Court of Appeals for the Eighth Circuit had granted the NFL’s request for a temporary stay of the ruling lifting the lockout, until the Eighth Circuit could rule on the request for a less-temporary stay of the ruling while the league’s appeal is considered.

As it turns out, the report wasn’t wrong.  It was just premature.

Adam Schefter of ESPN reports that the temporary stay has been granted, which means that the lockout is back on.  For now.

It’ll be interesting to see whether Commissioner Roger Goodell confirms the news from the podium at Radio City Music Hall.

The assembled fans wouldn’t be booing in response.  They’d be chanting “Goooooodell.”

Meanwhile, the teams that were smart enough to distribute playbooks today — and all 32 of them should have done it — will have an edge if the lockout ends up remaining in place until August or later.

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65 Responses to “Appeals court reinstates lockout, during draft”
  1. airraid77 says: Apr 29, 2011 6:58 PM

    where are all the communist? all the people who want obama to redistribute wealth?

  2. narutofan10 says: Apr 29, 2011 6:58 PM

    thanks a lot republicans seriously you are giving them the privileges after they ignored a federal judges order for two straight days maybe you need to realize this is not about democrats and republicans way to screw everyone over owners

  3. stealthjunk says: Apr 29, 2011 6:58 PM

    Here we go again. Someone put me out of my misery.

  4. cusoman says: Apr 29, 2011 7:01 PM

    Screw everything about this process and the greedy people on both sides that allowed it to happen.

  5. kernelreefer says: Apr 29, 2011 7:01 PM

    Well, that’s just rude.

  6. airraid77 says: Apr 29, 2011 7:02 PM

    all the communist must be stuck in their bottles of vodka….hammer and anvils always collapse….ask the east german govt.

  7. smacklayer says: Apr 29, 2011 7:03 PM

    Yeah baby, go suck on that NFLPA!

  8. dylanmusicfane says: Apr 29, 2011 7:03 PM

    :(

  9. eagleswin says: Apr 29, 2011 7:03 PM

    It could take months for the appeal but at least the players don’t have to worry about working out at team facilities without health insurance.

    I kind of feel bad for Judge Nelson. This is the first step in using her 89 page ruling as toilet paper.

    Who knew that all the Owners had to do was to get out of Minnesota and into a real court system to win one, even if it’s temporary.

  10. mkepackfan says: Apr 29, 2011 7:04 PM

    Cue the Price is Right fail music.

  11. camp69 says: Apr 29, 2011 7:04 PM

    This is going too far! Eveybody watching the draft Change the channel or turn off the TV. Send a message even if your team is about to pick.

  12. nineroutsider says: Apr 29, 2011 7:05 PM

    So hopefully the players ask for a stay of the temporary stay so that the Niners can give their playbook to their new rookie QB (and I guess Alex Smith).

    Screw the league, hand out playbooks until Monday…

  13. Rhode Island Patriots Fan says: Apr 29, 2011 7:06 PM

    Unless there is a compelling legal argument that would undermine the league’s position, I do NOT think they should lock out the players again—despite the temporary stay—unless or until the Eighth Circuit grants the longer stay while they decide to affirm or reverse Judge Nelson’s ruling.

  14. jayniner says: Apr 29, 2011 7:07 PM

    The lockout’s on….no, no it’s off…..wait, back on…..no, back off…., it’s back on….

  15. whoknowsnothing says: Apr 29, 2011 7:08 PM

    This is getting really dumb (putting it in nice words), make the deal and let football go uninterrupted!

  16. xxassin says: Apr 29, 2011 7:08 PM

    My impression was this was pretty unlikely because legally they needed to decide Nelson overstepped (even if the judges tended to side with the NFL). Is this a slap in the face to the original judge?

  17. drbandkgb says: Apr 29, 2011 7:12 PM

    Man this will go all the way to the highest court in the land… Get ready for a summer of this BS

  18. bucforever says: Apr 29, 2011 7:12 PM

    So ESPN was correct! I am watching the Rays play the Angels .
    At least it is something I can make sense out of.

  19. discosucs2005 says: Apr 29, 2011 7:14 PM

    That’s fine but I don’t want to hear any conservative complain about judicial activism ever again.

  20. bearsrulepackdrool says: Apr 29, 2011 7:15 PM

    SMDH. Congrats to the 2011 Draft Class. You get drafted only to sit on your *ss until the league year starts.

  21. bearsrulepackdrool says: Apr 29, 2011 7:16 PM

    So what are they going to do about the players that are already at the facilities.

    “You ain’t gotta go home…but you got to get the h*ll outta here.”

    Or are they gonna lock them IN?

  22. realmandallen says: Apr 29, 2011 7:17 PM

    I really wish my favorite sport wasn’t run by a bunch of drama queens.

  23. airraid77 says: Apr 29, 2011 7:19 PM

    discosucks2005,
    what is the definition of liberalism?
    look at liberal judges reading of the law and constitution…that is activism….Not actually apply what is written for what is written.

  24. micronole says: Apr 29, 2011 7:20 PM

    Communism? That’s what exists when you have a draft and don’t allow the free market to determine where players go. This communism is what the owners are fighting tooth and nail for.

  25. firethorn1001 says: Apr 29, 2011 7:24 PM

    Gee great, not only do we get owner v player comments, now we have the joy of people inserting Republican v Democraft comments here.

    Any way to mix abortion and religion in there too? That would be swell.

  26. eagleswin says: Apr 29, 2011 7:25 PM

    Rhode Island Patriots Fan says:
    Apr 29, 2011 7:06 PM
    Unless there is a compelling legal argument that would undermine the league’s position, I do NOT think they should lock out the players again—despite the temporary stay—unless or until the Eighth Circuit grants the longer stay while they decide to affirm or reverse Judge Nelson’s ruling.

    ——————————

    There are plenty of reasons to continue the lockout. You just don’t care about them because all you want to see is football which is understandable as a fan.

    Ending the lockout and forcing the league to pay the players gave the players alot of leverage in the legal proceedings. It meant the players wouldn’t be negatively affected while they litigated. The average player, while kept busy and paid, doesn’t care about the legal proceedings.

    Now you’ve got players paying their own health insurance and way to much free time on their hands and the lockout stretching out for at least the next few months. Sooner or later the rank and file will start to realize how badly the union leadership has sold them out. I’m thinking later as some of these guys still don’t have a clue or seem to care. The longer the players go without playing and getting paid the more leverage the owners have.

  27. footballfan292 says: Apr 29, 2011 7:25 PM

    Republican courts now becoming a bunch of activists.

  28. pmars64 says: Apr 29, 2011 7:26 PM

    Wow, this blows. The owners are just pigs. Fat, ugly, nasty, greedy pigs. Their money grab is so obvious. Disgusting. I hope the next time one of those slimeballs sticks his hand out to shake one his players hand after a big victory, the player spits in his face in response to the hypocrisy. It would be appropriate and justified. Now we have to see that egomaniac Boies all over the place with that self-satisfied, geez-aren’t-I-so-smart look on his face. No wonder he needs his own security to protect him.

  29. iamgoodkid says: Apr 29, 2011 7:27 PM

    good i dont care if my comments get deleted because this is redicilous and the 8th circuit should not do this to us fans now we may be without football for quite sometime and i heard a rumor about the nfl wants to have a 5 year lockout

  30. nineroutsider says: Apr 29, 2011 7:30 PM

    airraid77 says: Apr 29, 2011 6:58 PM

    where are all the communist? all the people who want obama to redistribute wealth?
    ——————————————————

    Pick your face up off the floor, stop enjoying the pleasure, and turn around – they are taking turns giving you what you love, baby!

  31. clownburger says: Apr 29, 2011 7:31 PM

    Awwww, the poor players who want to eliminate the salary cap, and the draft, and a rookie wage scale.

    Poor babies.

  32. airraid77 says: Apr 29, 2011 7:31 PM

    No its not, because the players have allowed it signed on to it……
    when a court says you have to open for buisness, thats communism……when you have a bunch of people cheering for the courts to steal bargain rights from the the owners, thats communism.
    when you say the successful should be punished, that is righto out of karl marx book,the author of communism. and I didnt call it communism, I called likes of you? COMMUNIST… which is what you are.

  33. ydnubm says: Apr 29, 2011 7:31 PM

    Sherman (Antitrust) Act:

    Section 2:
    “Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce…shall be deemed guilty of a felony…”

  34. endzonezombie says: Apr 29, 2011 7:31 PM

    If the league reinstates the lockout, it could be the more idiotic anti-fan move they could make. For ONE SINGLE day, they almost won the fans back. NOW they will lose many of them for the entire season whatever they decide to do. I hope Obama uses the Republican right wing appellate court as an example of what is wrong withthe whole Tea Party movement that has no interest of the common citizen in mind – just their own agenda.

  35. beauregard says: Apr 29, 2011 7:32 PM

    Make no mistake; This is a huge victory for the owners.

  36. pixelito says: Apr 29, 2011 7:37 PM

    Even years after being thrown out of office, George W Bush is still doing what he always did best… Making people miserable.

  37. darrkkomens says: Apr 29, 2011 7:41 PM

    Boycott the rest of the draft and if you know someone there text them with the latest news so they can show how we feel.. They want us to watch the draft and give them ratings, so they can say screw you fans!!!! Come the end of the draft Sunday…

    And anyone that’s cheering for the owners are idiots!!! Unless your a relative to the owners or one of the owners.. You are getting screwed out of football too!!! So what are you cheering for???
    The owners don’t care about you either

  38. billybats says: Apr 29, 2011 7:44 PM

    I seem to remember Judge MF saying that once Judge Nelson ordered the injunction, the owners must comply at once, “it is so ordered.”

    Somehow I haven’t seen him saying the same thing about the players vacating the premises now that the administrative stay has been granted. After all, “it is so ordered,” right Judge MF? The pro-player bias of Judge MF is plain for all to see.

    I’m interested to see how long this comment stays up before being deleted.

  39. airraid77 says: Apr 29, 2011 7:44 PM

    pixelito,
    You enjoying record high gas prices, food prices and record high prices for everything else? More govt mandates than ever? NEVER HAPPENED UNDER BUSh….only under liberal presidents.

  40. nineroutsider says: Apr 29, 2011 7:52 PM

    analRoid 77 says: Apr 29, 2011 7:31 PM

    No its not, because the players have allowed it signed on to it……
    when a court says you have to open for buisness, thats communism……when you have a bunch of people cheering for the courts to steal bargain rights from the the owners, thats communism.
    when you say the successful should be punished, that is righto out of karl marx book,the author of communism. and I didnt call it communism, I called likes of you? COMMUNIST… which is what you are.
    —————————————————-

    And you are an idiot…I hope that you do not think of yourself as successful.

    I am not a liberal, I just hate blowhards on both sides. Your name is fitting…AnalRoid, which is what you are.
    —————————————————-
    The only thing we can do is the only thing we can’t bring ourselves to do…stop watching or caring about football. Otherwise, enjoy the ride!

    Oh, and not renew your season tickets which I have yet to do for the first time in 10 years.

  41. ntr0py says: Apr 29, 2011 7:57 PM

    The panel split 2-1. Two Geroge W appointees vs. One Clinton appointee, and they split acrimoniously with the Clinton guy issuing a written dissent. That explains why it took so long.

    Honestly, issuing a temporary stay (this one lasts until Thursday) should have been an easy call, and certainly not an acrimonious decision.

    Contrary to popular belief, the vast majority of district and appellate court decisions are NOT handed down on a political basis.

    Unfortunately, this most important case looks like a very partisan exception. :(

  42. realitypolice says: Apr 29, 2011 7:57 PM

    They just showed Troy Vincent on the draft shaking hands with Roger Goodell.

    Very ironic.

    If the players had done what they should have done and elected Vincent head of the NFLPA* when they had the chance, we probably would have seen those two shaking hands over a new CBA agreement months ago.

  43. easyeddie says: Apr 29, 2011 8:00 PM

    The 8th Circuit Court web page has a link to the court’s decision (just a few pages long)

    http://www.ca8.uscourts.gov/nflUpdates.html

    What’s fascinating is the dissent opinion by the one judge who voted against granting the stay spells out in detail his reasoning for voting against the stay, while there is no detailed explanation from the 2 who voted for the stay as to why they did so.
    Anyway, after reading it, it definitely looks like the fix is in for granting a permanent stay.

  44. eagleswin says: Apr 29, 2011 8:01 PM

    endzonezombie says:
    Apr 29, 2011 7:31 PM
    If the league reinstates the lockout, it could be the more idiotic anti-fan move they could make. For ONE SINGLE day, they almost won the fans back. NOW they will lose many of them for the entire season whatever they decide to do. I hope Obama uses the Republican right wing appellate court as an example of what is wrong withthe whole Tea Party movement that has no interest of the common citizen in mind – just their own agenda.
    ———————————-
    Oh please. You knew as well as everyone else that the only reason the players filed in Minnesota was because of Doty and his clerks. Now that the fight has moved out of Minnesota all the player supporters are panicing, realizing that the only reason their case looked so strong was because of who was trying it.

    This is probably the best outcome for now. It will force the players to consider negotiating for the first time since this all began. The players have yet to submit a single counter offer. Not one.

  45. tommyf15 says: Apr 29, 2011 8:08 PM

    beauregard says:
    Apr 29, 2011 7:32 PM
    Make no mistake; This is a huge victory for the owners.

    It’s a small victory. Remember that it’s only a stay, not a true ruling in favor of the owners.

  46. callie89 says: Apr 29, 2011 8:08 PM

    This is really nothing to get too excited about. This stay is only temporary until early next week when they rule to keep it in place or not. Interesting enough….it was a split decision. The ruling was 2 to 1 decision and the one who dissented was a George W. Bush appointee. I don’t know. Doesn’t necessarily bode well for the owners. They didn’t get the clean sweep they hoped. They may yet next week, but I wouldn’t count on it. I’m hopeful both sides wake up and work something out for everyone sakes. It’s exhausting.

  47. red2redman says: Apr 29, 2011 8:16 PM

    The people that are happy about the ruling, you do realize its the owners not the players ruining football. The CBA that the owners opted out of is the same CBA they are now praising. The players wanted to continue with the status quo, all they ask was the owners open their books and show us you are losing money. The players are the one who want the rookie wage scale(most of them), free agency, and the draft. If anything it is the owners who don’t give a damn about the fans, because they know we will watch no matter what they do. If the owners really cared about football and the fans the wouldn’t have asked for a temporary stay until the appeal is heard. They only ask because it gave the players leverage at the bargaining table.

  48. stevecmh says: Apr 29, 2011 8:22 PM

    OK, I know this sucks because we thought we had football back and the “league year” would have started on Monday with free agency, trades, OTAs, etc.

    Now, we have to wait a few days to see if the Appeals Court decides to maintain the lockout injunction or not, pending their actual decision on the merits of the owners’ appeal of Judge Nelson’s decision that the lockout is illegal.

    To maintain the lockout injunction, the players have to demonstrate irreparable harm if the lockout is allowed to continue. They had already convinced Judge Nelson; now they have to convince two of three appeals court judges.

    I hope the players win this round. If not, we will likely have a much longer wait for a court decision than we did in Minnesota.

  49. tednancy says: Apr 29, 2011 8:25 PM

    Great news for football fans. Some folks may not understand the issues and therefore conclude that a lockout is bad, but make no mistake: the lockout forces the NFLPA to sign a new CBA.

    If the Lockout is taken away than the players will never agree to anything – no salary cap, no draft, no nothing – and they will certainly not agree to a CBA.

    The Lockout forces the players to negotiate and will lead to a stable NFL future that focuses on the action on the field, not court cases and lawsuits off it.

    IT’S A GREAT DAY FOR AMERICA.

    Right De?

  50. red2redman says: Apr 29, 2011 8:28 PM

    The owners are like the businesses that got us into this recession. Lets feel our pockets and leave the little people in shambles. They get rich off of us then want to tell us we want football just like our fans, then why are they trying so hard to block it?

  51. Packernet says: Apr 29, 2011 8:32 PM

    Don’t veteran players already have play books? Do you have to leave them at the door when you leave the facility or something? Huge advantage? I think not.

  52. airraid77 says: Apr 29, 2011 8:33 PM

    ninersoutsider,
    talkabout reading comprehension and literacy. the letter A under no circumstance in the english vocab sounds like the LETTER O!!!!
    Anybody who actually cares about the HEALTH of the NFL LONG TERM, which I do, knows that the NFL model just by sheer numbers, MUST WIN THIS ARGUMENT………
    this is not about being just a fan….
    ONCE AGAIN, take what the union wants from the owners and ask if you would want to live in that world? EX. You have to account for EVERY DOLLAR you spend…..Not a credit check, not a income check…..BUT EVERY SINGLE DOLLAR you spent must be made public…..

  53. fltharley says: Apr 29, 2011 8:36 PM

    rupublican judges will side with big money every damn time . dosnt matter if it goes against the law , if you got the big money you get away with what ever you want. f–k the nfl im done the rich filthy bast–ds can do whatever they want they will not get a damn dme of my money .

  54. Rhode Island Patriots Fan says: Apr 29, 2011 8:44 PM

    eagleswin says:Apr 29, 2011 7:25 PM
    Rhode Island Patriots Fan says:
    Apr 29, 2011 7:06 PM
    Unless there is a compelling legal argument that would undermine the league’s position, I do NOT think they should lock out the players again—despite the temporary stay—unless or until the Eighth Circuit grants the longer stay while they decide to affirm or reverse Judge Nelson’s ruling.
    ——————————
    There are plenty of reasons to continue the lockout. You just don’t care about them because all you want to see is football which is understandable as a fan.
    ——————————————————————————————————————————————
    @ eagleswin—Rest assured, you don’t have to convince me of the soundness of the lockout or the owners’ position in this labor dispute, as I’ve been among their most consistent and outspoken supporters on this site. I take it you haven’t read my posts. My point here is simply that the Eighth Circuit will likely rule next week on the longer stay. My understanding is that the vote today on the temporary stay was 2-1 in favor, with a lengthy dissent. It stands to reason that that dissenter is not likely to vote next week in favor of the longer stay. If only one of the other two rules differently next week to deny the longer stay after hearing additional argument, then the owners’ request for a stay—pending the disposition of their appeal—will be denied. What is to be gained by again locking the doors tonight, only to possibly have to open them once again next week? (I’m not talking here about the owners declaring the 2011 season open—i.e., signings, free agency, etc.) If the owners are granted a stay next week, then it would be more appropriate to reinstate the lockout.

  55. emmonsh says: Apr 29, 2011 8:46 PM

    shows what dunbarss leave notes here. it is not a monopoloy. the players have every right to play in the cfl or areana league or any league they want they do not have to play in the nfl. 2 the new stadiuls cost upwards of 2 billion dollars. if they didnt give the players half the income the owners could pay a huge chunk. no business in the world gives their employers 45% of income. it doesnt happen. lock the players out and let them pick cotten for a living. or sell drugs . d smith can be a pimp.

  56. emmonsh says: Apr 29, 2011 8:48 PM

    by the way its a huge victory for the owners. the owners got screwed in the last cba. they wont this time. let the players rot. once 95% of them end up in prison they will sign for 1/3rd the money. no worker has the right to go thru a owners books. period

  57. realitypolice says: Apr 29, 2011 8:54 PM

    ntr0py says:
    Apr 29, 2011 7:57 PM
    The panel split 2-1. Two Geroge W appointees vs. One Clinton appointee, and they split acrimoniously with the Clinton guy issuing a written dissent. That explains why it took so long.
    ==========================

    Do you know this for a fact? It sounds like you’re making it up.

    If you’re not, please cite your sources for knowing the various appointing Presidents.

  58. robertallen1958 says: Apr 29, 2011 9:01 PM

    this is why the nfl wanted the 8th court, their full of republicans which always sides on the side of business, always, its why our economy is in the state it is, the nfl had them in their pocket

  59. realitypolice says: Apr 29, 2011 9:02 PM

    easyeddie says:
    Apr 29, 2011 8:00 PM

    What’s fascinating is the dissent opinion by the one judge who voted against granting the stay spells out in detail his reasoning for voting against the stay, while there is no detailed explanation from the 2 who voted for the stay as to why they did so.
    Anyway, after reading it, it definitely looks like the fix is in for granting a permanent stay.
    ==============================

    I disagree with your opinion about things pointing to a permanent stay, and I point to your own information to prove my point.

    It looks to me like the 2 who voted for the stay did it as a knee jerk reaction- in other words, let’s not act hastily, let’s hear the arguments before we allow the injunction to continue. It’ll only be a couple of days, we can hear the arguments and rule then.

    The judge who filed an opinion and supported Judge Nelson’s ruling actually did the research and found her ruling sound and logical.

    So I would think the set of facts present here would lead to the conclusion that once the other judges hear the arguments, they will side with Judge Nelson.

  60. east96st says: Apr 29, 2011 9:14 PM

    airraid77 – Sir, if you actually have a High School diploma (I would bet “no”), please see a lawyer immediately. Any school that allowed a moron who has NO idea what he’s talking about from a political, historical, economic, and legal perspective to graduate, needs to be brought to court. Tell your lawyer to allow you to address the jury directly for 10 minutes and you could pretty name your price for the settlement.
    For the love of God, Nation, and humanity – never, never, ever breed. BTW – my son has a pet frog that he saved after another kid threw it against a wall. It scrambled the frog’s brain and he repeatedly launches itself into the glass of his tank and usually is too confused to find his food. His name was Fred but we’ve renamed him Air Raid in your honor. Ask someone to explain it to you.

  61. airraid77 says: Apr 29, 2011 9:22 PM

    thats your argument? rolmao….what do you expect from communist education system.

  62. stevecmh says: Apr 29, 2011 9:26 PM

    Supporting realitypolice’s point that the judges voting to temporarily stay the injunction did not comment on the merits of the case is this quote from CNN.com…

    Appeals court judges Duane Benton and Steven Colloton voted for the temporary stay, writing that they wanted to “give the court sufficient opportunity to consider the merits of the motion for a stay pending appeal.”

  63. realitypolice says: Apr 29, 2011 10:22 PM

    I need to take issue with the whole “republican court v. democrat court, liberal v. conservative, labor v. businessman” angle of so many posters here.

    This is not a traditional “labor v. business” dispute. There is no connection whatsoever between NFL players and “laborers”.

    The CBA is merely a document that sets guidelines for player contracts.

    NFL players are independent contractors in that each player negotiates his own contract, through his agent, with little regard for whatever contractual parameters exist in his teammates deals.

    Every player contract is unique in it’s length, compensation and structure.

    So to say a court that supports the players is “pro-labor” and one that supports the owners is “pro-business” is foolish and uninformed.

    There are ONLY businessmen in this dispute. The question is to what level can a corporate entity (the league) can control the flexibility of it’s independent contractors, who are also businessmen.

  64. easyeddie says: Apr 30, 2011 2:11 PM

    callie89 says:
    Apr 29, 2011 8:08 PM
    This is really nothing to get too excited about. This stay is only temporary until early next week when they rule to keep it in place or not. Interesting enough….it was a split decision. The ruling was 2 to 1 decision and the one who dissented was a George W. Bush appointee.
    ————————————————-
    Judge Kermit Bye who dissented is a Clinton appointment, the other two are Bush 43 appointments.

  65. bluetalonz says: May 1, 2011 7:07 PM

    ydnubm says:
    Sherman (Antitrust) Act:

    Section 2:
    “Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce…shall be deemed guilty of a felony…”
    ——————————
    Good thing the NFL isn’t a monopoly. The CFL, UFL, and Arena League all represent alternatives to the NFL. Any player in the NFL could immediately seek gainful employment in his chosen profession with any of these competing entities.

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