Tuesday, May 17, 2011

8TH CIRCUIT COURT UPHOLDS NFL LOCKOUT; LOOKS LIKE NO NFL FOOTBALL THIS SEASON!

For those of you, who like me, are huge NFL fans, yesterday's ruling from the 8th Circuit Court upholding the NFL Lockout is NOT good news.

June 3rd is Judgement Day and with this ruling yesterday, the 8th Circuit looks to rule in favor of the Owners in this battle.  The Players, who don't get paid until September, were hoping for a different outcome. 

Here is the statement by the Players & Owners:

NFLPA Statement On Stay





May 16th, 2011 “The NFL’s request for a stay of the lockout that was granted today means no football. The players are in mediation and are working to try to save the 2011 season. The court will hear the full appeal on June 3.”

NFL statement on stay granted by Eighth Circuit:


“It is now time to devote all of our energy to reaching a comprehensive agreement that will improve the game for the benefit of current and retired players, teams, and, most importantly, the fans. This litigation has taken the parties away from the negotiating table where these issues should be resolved. We remain confident that the appellate court will determine that this is a labor dispute that should be governed by federal labor law. But the league and players, without further delay, should control their own destiny and decide the future of the NFL together through negotiation.”



Other articles on this:

NFL Lockout Still On After 8th Circ. Stays Injunction By Carolina Bolado

Law360, New York (May 16, 2011) -- The Eighth Circuit on Monday granted the NFL's request to stay a district court's injunction against the league's lockout in a proposed antitrust class action brought by a group of players.



The appeals court said the league was likely to prevail on the merits of the case and that it had "serious doubts" regarding the district court's jurisdiction to enjoin the league's lockout, which will continue for at least a few more weeks while the lower court considers the case. The lockout began after a breakdown in labor negotiations, when the National Football League Players Association decertified the evening of March 11, exercising a so-called nuclear option that opened the league to antitrust suits.


"We think the league has met its burden to demonstrate that it likely will suffer some degree of irreparable harm without a stay, and the balance of the equities does not favor the players so decidedly that it should outweigh our present view about likelihood of success on the merits," the Eighth Circuit said.


CLICK HERE TO READ THE ENTIRE ARTICLE


 
NFL wins: Court upholds lockout, June 3 hearing looms By Howard Balzer, The Sports Xchange
 
While the ongoing dispute between the NFL and its players switched venues again Monday, this time to the Minneapolis courtroom of mediator Judge Arthur J. Boylan, the three-judge panel at the Eighth Circuit Court of Appeals finally ruled and extended the emergency stay it had granted April 29 through the length of the appeal that will be heard June 3.







Just as happened that day, the vote was 2-1, with Judge Kermit Bye dissenting the majority opinion of Judges Duane Benton and Steven Colloton.






The disagreement between Judge Bye and the other judges ran deep. Judges Benton and Colloton believe Judge Susan Richard Nelson erred in her interpretation of the Norris-LaGuardia Act, while Judge Bye strongly disagrees with the majority judges who, he noted, "Nowhere in the opinion did the Court discuss the applicability of the Act in the absence of collective bargaining, not to mention its applicability following a definitive disclaimer (decertification) of the union representation."


CLICK HERE TO READ THE ENTIRE ARTICLE

What does this all mean to all of us, the 'average Joe NFL fan'?  The Owners want to break the Players Union once and for all.  I'm beginning to think that we aren't going to see NFL Football in 2011!   The NBA may also go through a lockout at the same time. 

WAKE UP NFL!  BASEBALL STILL HASEN'T RECOVERED FROM THEIR LAST WORK STOPPAGE.  GET ER DONE GUYS!

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