NFL files opening brief to Eighth Circuit Court of Appeals

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While we didn’t get an answer from the Eighth Circuit Court of Appeals regarding a stay on Monday, the appeal before the court did begin to move forward as planned.

The NFL filed its opening brief to the court, according to   It was 61 pages long — Florio will be giving his lawyerly breakdown on the site later once he fully digests it.  (And once he digests dinner.)

In the meantime, we can tell you via Albert Breer that the league essentially repeated the arguments that failed to sway Judge Susan Nelson before she granted an injunction ruling the lifting of the lockout.

“This Court should vacate the District Court’s grant of a preliminary injunction and remand with instructions to dismiss or stay the action,” the NFL brief concludes.

The appeal will be heard on June third.  The players are due to reply to Monday’s brief by May 20th.

Can’t wait.

(And by “can’t wait,” we mean that we’ll continue to not-so-silently curse the NFL and its players for this embarrassing lockout.)

11 responses to “NFL files opening brief to Eighth Circuit Court of Appeals

  1. Today also marks an NHL filing in support of the NFL — they want to make sure the court understands their interest in ensuring that future negotiations with NHL players are via a “bona fide” labor process rather than the “lever” of potential antitrust liability.

    They are terrified that a group of employees can, at any time and for any reason, play the antitrust card and then ask the court to immediately bring employer activity to a halt by filing a treble damages antitrust complaint and a motion for preliminary injunction.


    I’ve refrained from injecting politics into the discussion until now. President Obama set a new precedent by claiming that he had the authority to remove a CEO, specifically GM CEO Rick Wagoner. Why is this unique? Because so much case law – not to mention insurance premiums – are based on a rule of law. Until recently, only a duly-appointed board had the ability to terminate a CEO of a publicly-traded company. Now, if a president doesn’t like you, you’re gone!

    Introducing a wildcard creates new forms of risk. It’s like shouting “fire” in a crowded theatre: it could be justified, but no one (I’m looking at you, De Smith) can predict what the outcome will be.

    Can you say “domino effect”?

  2. As long as it took to write up 61 pages of lawyerese they could have gone a long way toward working out a settlement. Can’t understand why the owners walked away from the bargaining table and insisted they had no choice but to pursue things through litigation after the players made that concession filled off……oh wait.

  3. In other words…”we need to delay football and ruin lives to make a few more bucks, we’re not rich enough!”

  4. C’mon David… The next time this website curses or faults the players, it will be the first… The owners however, always get your wrath. With everyone simply wanting football back, you’re failing to see the big picture… If the players are successful, we ALL lose in the long run.

  5. Why is it that when I read the post, I felt like the NFL doesn’t even have the right to file a brief and should simply agree to anything and everything that D. Smith wants?


    FACT: D. Smith caused this mess when he walked out of CBA negotiations, decertified the union, and had certain players file suit. And then he did not attend at lease one of the court ordered mediation sessions.

    Anyone who wants football this year and in the future needs to tell D. Smith to get his butt in negotiations.

  6. Right now I am so fed up with this hole mess I couldn’t care less if football gets played at all this year. I’ve been a football fan since the mid 60’s and this is a low point. Million dollar cry babies that can’t put foot on their families tables, medical bills piling up, can’t afford payments on my mansion, can’t pay all my cars payments. Poor babies, try living like the average person for awhile. The owners built this league, stadiums etc. and gave these prima donas a very lucrative salary plus other extravagant bonus items and now they cry poor. BS New labor agreement….. everyone gets paid equally… $1,000,000.00 per year no exceptions. Performance bonuses … absolutely for everyone, but they have to “earn” them. The draft stays as is. Free agency after 6 years for all.

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