In late December, the NFL’s long-time judicial nemesis threw a rare bone to the league, dismissing the NFLPA’s claim that the owners colluded during the uncapped year of 2010 with an allegedly secret salary cap.
Now, the NFLPA is appealing the outcome to a higher — and less favorable — court.
According to Daniel Kaplan of SportsBusiness Journal, the ruling has been appealed to the U.S. Court of Appeals for the Eighth Circuit.
The Eighth Circuit is regarded as one of the most conservative (and thus business friendly) appeals court in the nation. Which means that, if the NFLPA couldn’t persuade Judge Doty to reopen the 2011 labor deal and settlement agreement to permit a new collusion claim, the appeals court likely won’t, either.
Actually, most judges prefer to keep settled cases settled. Judges and their staff aren’t paid by the hour; the only reward for dusting off old cases is more work. So it’s likely that the union’s effort won’t work.