Judge Orders End to NFL Lockout
- Posted on April 25, 2011 at 6:35pm by
Emily Esfahani Smith
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ST. PAUL, Minn. (AP) — A federal judge on Monday ordered an end to the NFL lockout, giving the players an early victory in their fight with the owners over how to divide the $9 billion business.
U.S. District Judge Susan Richard Nelson said she was swayed by the players’ argument that that the lockout, now in its second month, was causing irreparable harm to their careers.
The plaintiffs “have made a strong showing that allowing the League to continue their ‘lockout’ is presently inflicting, and will continue to inflict, irreparable harm upon them, particularly when weighed against the lack of any real injury that would be imposed on the NFL by issuing the preliminary injunction,” Nelson wrote.
The NFL promised an immediate appeal.
“We will promptly seek a stay from Judge Nelson pending an expedited appeal to the Eighth Circuit Court of Appeals,” the league said. “We believe that federal law bars injunctions in labor disputes. We are confident that the Eighth Circuit will agree. But we also believe that this dispute will inevitably end with a collective bargaining agreement, which would be in the best interests of players, clubs and fans. We can reach a fair agreement only if we continue negotiations toward that goal.”
Owners imposed the lockout after talks broke down March 11 and the players disbanded their union. A group of players filed the injunction request along with a class-action antitrust lawsuit against the league.
The owners argued it was their right to institute the lockout and suggested Nelson didn‘t have jurisdiction while the National Labor Relations Board considers an unfair labor charge filed by the league that players didn’t negotiate in good faith.
Nelson disagreed, and said the NLRB proceeding shouldn’t be used to affect the court case here.
Nelson heard arguments on the injunction at a hearing on April 6 and ordered the two sides to resume mediation while she was considering her decision. The owners and players, who failed to reach consensus after 16 days of mediated talks earlier this year, met over four days with a federal magistrate but did not announce any progress on solving the NFL’s first work stoppage since 1987.
They are not scheduled to meet again until May 16, four days after another judge holds a hearing on whether players should get damages in their related fight with owners over some $4 billion in broadcast revenue.
And now comes Nelson’s decision to lift the injunction.
“(T)he public ramifications of this dispute exceed the abstract principles of the antitrust laws, as professional football involves many layers of tangible economic impact, ranging from broadcast revenues down to concessions sales,” she wrote. “And, of course, the public interest represented by the fans of professional football – who have a strong investment in the 2011 season – is an intangible interest that weighs against the lockout. In short, this particular employment dispute is far from a purely private argument over compensation.”
If her ruling stands, it is still unclear exactly what happens next. The collective bargaining agreement has expired, so how the league would handle free agency, trades and offseason workouts at team headquarters, all of which were banned under the lockout, remains to be seen.
The NFL even argued to Nelson that stopping the lockout would open all 32 teams up to additional antitrust claims simply for working together to solve the labor dispute. Antitrust claims carry triple damages for any harm proven, meaning hundreds of millions of dollars are at stake.
But with appeals expected, the fight seems likely to drag on through the spring and, possibly, into the summer. The closer it gets to August, when training camps and the preseason get into full swing, the more likely it becomes that regular season games will be lost.
“Tomorrow is going to come regardless of what we do here, so we have to work within that framework,” Hall of Famer Carl Eller, a plaintiff, said after one of the recent mediation sessions. “In order to have a season, preserve a season, prepare for a season, those are real consequences.”
And the antitrust lawsuit is pending, too, with lead plaintiffs that include MVP quarterbacks Tom Brady and Peyton Manning. The suit has been combined with two other similar claims from retirees, former players and rookies-to-be, with Eller the lead plaintiff in that group.
Granting the injunction swings some of the leverage to the players’ side, which could actually bring the two sides closer to a resolution, according to Seth Borden, a labor law expert at McKenna, Long and Aldridge in New York.
“It’s still going to boil down to the way the parties view their respective positions and respective leverage,” Borden said. “Until the league and the players feel like they’re at the point of no return for next season, progress will be slow toward that overall resolution.”
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Comments (70)
kbike
Posted on April 25, 2011 at 7:56pmOwners are up against the Players, their Lawyer, who is connected to Eric Holder and the Judge is connected to Holders Boss……Its NFL Pigsford settlement coming down… Tell me WHO is looking out for the fans!!!!!!
Report Post »Slowerlower
Posted on April 25, 2011 at 7:56pmSo, the courts have decided that the NFL owners must purchase the labor the NFL players are selling. I wonder how well it would go over if some judge decided it was okay to force the players to sell their labor to the owners against their will.
Report Post »woodyl1011fl
Posted on April 25, 2011 at 7:40pmRetired and on fixed income, who cares if they ever settle. Don’t care if NFL goes bankrupt. This despicable despotic administration and their senate idiots and morons have put the whole nation in extreme danger are probably going to bankrupt us all. NFL just a waste of time, effort and money anyway. We’ll hardly be able to buy food, housing, or go anywhere pretty soon, reality will be forced on NFL, NBA and MLB.
Report Post »LowIQGenius
Posted on April 25, 2011 at 7:35pmI think we should use this opportunity to get our country into rugby. It’s like football, just no stopping in between plays and no padding :)
Report Post »MylostRepublic
Posted on April 25, 2011 at 8:06pmThe unions will just ruin this sport too, and you’ll end up paying 200$’s plus to see a 6 million$ a year player run without a helmet, yippie!
Report Post »Cherynn
Posted on April 25, 2011 at 7:28pmAll this rediculous money for just PLAYING A GAME. This is sad. Imagine if all the money spent on “professional” sports was used for cancer research.
Report Post »LowIQGenius
Posted on April 25, 2011 at 7:40pmImagine if all the money we spent on fast food would go to feeding children in Africa. It’s unfortunate, but games, luxuries, and vices are more attractive. Just because you don’t like a “game” doesn‘t mean you’re not guilty of the same thing.
Report Post »teddrunk
Posted on April 25, 2011 at 10:00pmImagine all the money wasted on stimulas money handed out to Congressional districts that don’t exist. Imagine all the money NASA wasted getting us a box of rocks.
Report Post »mcpbob
Posted on April 25, 2011 at 7:26pmyes, i would rather watch more college football than have these over paid selfish kids throw a temper tantrum because they don’t make as much money as their boss does makes me sick, i don’t care if they go on strike forever, i stopped watching baseball in 1981 and now, i think i had it with football as well, as if they don’t make enough money already, but when they use unions to strangle their bosses to split their profits enough is enough…. screw them all
Report Post »RightPolitically
Posted on April 25, 2011 at 7:26pmWho really cares of gives a damn about these pumped up prima-donas. Half the league is full of criminals, abusers of woman and, lest we forget Michael Vick, TORTURERS OF ANIMALS. That’s all the NFL means to me……….They can stay out FOREVER!
Report Post »MylostRepublic
Posted on April 25, 2011 at 7:44pmYou have a point however I think you maybe missing the bigger issue, i.e., the governments telling a private company that they cannot do with thier company as they wish. The government is already up-in-arms about Boeing moveing their 787 production to South Carolina and are treatening to sue if they don’t open that new facility in Washington state (an anti-right to work state, Union controlled) And when Sanfranciscans( Nanny-State Central) can’t get a Happymeal at Mcdonalds you need to be a little more concerned.
Report Post »donh2
Posted on April 25, 2011 at 7:26pmRiiight…The players have a much greater chance of suffering a career ending injury sitting on the couch eating Chunky Chili than stepping into the stadium for practice drills.
Report Post »teddrunk
Posted on April 25, 2011 at 7:23pmLousy rotten judges always siding with the overpaid punk. Another bunch of union goons that won’t be happy until they ruin their industry. Time to start a new league, or bring back the scabs.
Report Post »Psychosis
Posted on April 25, 2011 at 7:14pmPRO FOOTBALL SUCKS
( required lower case)
Report Post »outpost13
Posted on April 25, 2011 at 7:12pmWhat a joke now the feds control football and over price lame game.
Report Post »endgamer
Posted on April 25, 2011 at 7:09pmSay that to the USFL who WON an antitrust suit against the NFL and the award was $1.00.. Yup one dollar! The NFL was indeed a monopoly, YET the the courts did nor order the NFL broken up like AT&T.. Go figure. We need more competition, a head to head competing league, drop ticket prices & salaries and you will see some great football!
Report Post »parmajohn
Posted on April 25, 2011 at 7:07pmTime For Ba-Rack-O To form a team of his own headed by “Uncle Joe” get the DOJ involved and Go on vacation Got to Be Tired after a WEEK on the campaign Trail
Report Post »TeaPartyPatriot
Posted on April 25, 2011 at 7:07pm“We will promptly seek a stay from Judge Nelson pending an expedited appeal to the Eighth Circuit Court of Appeals,”
Thank goodness the NFL doesn’t have to appeal to the 9th CIRCUS COURT (the MOST OVERTURNED appeals court in the nation!) in San Francisco (crazy pelosi’s district) which is full of lunatic-left d-crat socialists who do what their perverse leftist ideology demands – and NOT justice.
So the NFL might have a chance at fair ruling.
Report Post »mikenleeds
Posted on April 25, 2011 at 6:57pmNo one cares about those overpaid cry babies , i ll take college football any day
Report Post »Its Gonna Getcha
Posted on April 25, 2011 at 6:49pmIf only ending the healthcare disaster were this easy.
Report Post »effvar
Posted on April 25, 2011 at 6:48pmFlipping glory hounds….owners and players….can’t stand greedy..selfish..pigs!!!
Report Post »teddrunk
Posted on April 25, 2011 at 7:34pmI’m an NFL owner, and I’m broke.
Report Post »V-Forge
Posted on April 25, 2011 at 6:46pmYes, let no one who makes a few million a year unjustly suffer by not being able to afford that gold plating for their limo. What a bunch of crybabies. You people have ruined sports in every way. you get enough and the entire venture charges far too much for the average guy to go watch. Your industry is a bloated pig that wants more slop and the piglets want a fresh teet. There seems to be no shame. When does it stop? Do you stop demanding more when tickets are 1,000 dollars and each player gets 100 million a game? Name the price you see as the end result and shut the hell up. People want to see football but eventually it just gets to be so stupid. I can’t watch the stuff any more. overpaid jackasses.
Report Post »BetterDays
Posted on April 25, 2011 at 6:45pmBack when baseball pulled this they lost a fan, so long football.
Report Post »CatB
Posted on April 25, 2011 at 6:57pmYes .. they don’t learn do they .. no matter what they have they want more and in the end “cut their noses off to spite their faces” … in other words LOSERS!
Report Post »anutter
Posted on April 25, 2011 at 6:45pmGo Lions!
Report Post »CatB
Posted on April 25, 2011 at 6:56pmLOL .. sorry but I remember when Detroit had a team .. and it hasn’t been for a long time from what I have seen. Keep hoping.
Report Post »abc
Posted on April 25, 2011 at 6:43pmThis is far from over. This will be appealed and tied up in court for a while. Meanwhile, the players are starting to sue each other, since the less-well-paid players cannot afford to sit out a season the way Brady, Manning and others can. The cracking of unanimity amongst the players is happening much sooner than the owners had hoped, and signals that the billionaires will defeat the millionaires in this contest–just as happens in all contests of this nature. Salaries will fall, which is a good thing considering the insanity of Stafford making more in his rookie season than Manning was scheduled to make that year, and the season will go forward without a hitch. I don’t see any other outcome being remotely as likely…
Report Post »RehabUncleSam
Posted on April 25, 2011 at 7:21pmThe presiding message was brought to by folks over at “ABC” “A”ccuse them all of, “B”eing bad & evil , “C”orporations. Our Motto “Deviding our country through class warfair since before Woodro Wilson”
Report Post »FASTEDDY438
Posted on April 25, 2011 at 8:53pmYour comments on salaries doesn‘t really jive with your comments on the court leaning toward corp’s and rich people. Do you think the court should rule according to who needs the ruling to go their way for monitary reasons the most, or becuase the constitution made it clear who was right and wrong.
Report Post »abc
Posted on April 26, 2011 at 2:29amEddy,
The SCOTUS is overturning a century of established case law for the benefit of corporate special interests. There is no predent, nor legal basis, for this.
Report Post »DemocracyisTyranny
Posted on April 25, 2011 at 6:42pmAhh sports millionaires. The biggest welfare cases in the USA. How many billions of tax payer dollars have been spent on building stadiums and free security.
Report Post »AnAppealToGod
Posted on April 25, 2011 at 6:42pmMoney, Money, Money, Money, Money……………………….arghh
Report Post »lovenfl3
Posted on April 25, 2011 at 6:41pmSo much for collective bargaining. The judges will always side with the “little” guy. You know, the “little” guy who makes $5 million a year for running with a football. Stay out of it judge, let them work it out. http://www.youtube.com/watch?v=OpFG2wg6KIU
Report Post »abc
Posted on April 25, 2011 at 6:45pmSome of the “little” guys in this fight only make $300K per year and cannot afford to miss a year of paid work… And the judges do not always side with the little guy. The Supreme Court’s majority has been so pro-corporate and pro-wealthy in the last decade, it isn’t even funny.
Report Post »jds7171
Posted on April 25, 2011 at 7:10pm@RavenGlenn
jeesh don’t you know how much the insurance for those mansions and expensive cars are. All of the child support and alimony payments, strippers. $300,000 isn’t a lot of money these days (that is sarcastic)
I find it funny that Rookie-to-be’s are also in the lawsuit. Talke about feeling entitled to stuff. Everyday I here things about unions. Everyday they really piss me off.
Report Post »Psychosis
Posted on April 25, 2011 at 7:12pmlol HEY LOOK——- ABC CAME OUT OF THE WOODWORK
LOSER TROLL
Report Post »RehabUncleSam
Posted on April 25, 2011 at 7:13pmThe presiding message was brought to by folks over at “ABC” “A”ccuse them all of, “B”eing bad & evil , “C”orporations. Our Motto “Deviding our country through class warfair since before Woodro Wilson”
History teaches us, will we not listen.
In 1929 an article in the New York Herald Tribune after a significant U.S. Treasury surplus was attained stated:
Lowering tax rates stimulates business, those businesses create jobs, and prosperity brings in larger revenues.
Excessive corporation, and personal taxes and regulations are oppressive and unproductive and drives capital into exempt and non-productive investment and has an injurious effect on actual job creation.
Lower rates on a large volume of business improve the situation both for the corporations and the U.S. Treasury.
Taxes which penalize capital and earnings defeat their own object or purpose.
They depress economic activities and cause a diminishing number of tax returns to be received by the U.S. Treasury.
Again, the previous was written In 1929 an article in the New York Herald Tribune after a “significant U.S. Treasury surplus was attained ”
The Dayton Journal wrote, and attributed the surplus to the Administration of:
“Mr. Coolidge who had also brought about four tax-reductions and the result is a national prosperity that is vast and far reaching.”
Henry Morgenthau, Jr. was FDR’s Secretary of the Treasury from 1934-1945. In the following important quote, he admits that the big New Deal stimulus spending programs had failed.
“We have tried spending money. We are spending more money than we have ever spent before and it does not work. And I have just none interest, and if I am wrong . . . somebody else can have my job.
I want to see this country prosperous. I want to see people get a job, I want to see people get enough to eat.
We have never made good on our promises. . . . I say after eight years of this administration we have just as much unemployment as when we started . . . . And an enormous debt to boot!”
We tried the spending approach again; both Bush & Obama, guess what,….
it still doesn’t work.
If we do not learn from history we are doomed to repeat it.
Report Post »sooner12
Posted on April 25, 2011 at 8:21pmThese players are no different than anyone else who’s greedy. Ask the high earners to give up some of their salaries to help the minimum salary earners get a bigger base and they’ll scream “murder.” Adrian Peterson (OU, Minn) state that he wasn’t paid enough and he made $12 million in 2010. And he suffered from fumble-itis. Then there are the high-profile players who think they can break the law and just buy their way out of it. I’d like to see the owners implement a minimum performance goals. If you don’t meet them your pay would be docked.
Report Post »Darmok and Jalad at Tanagra
Posted on April 25, 2011 at 8:36pm@ABC
Report Post »I wish I only made 300k, it takes me seveal years to make “ONLY” 300k, in fact when I was 22, it would have taken me about 15 years to make “ONLY” 300k. So, I can’t shed one tear for someone to be paid that much to play a game.
Atlappraiser
Posted on April 25, 2011 at 10:02pmAverage career time in the NFL is about 3.5 years according to the NFLPA. The following is a minimum salary payscale.
The NFL Players Union and the NFL owner’s usually construct a new “minimum salary” deal every 4 or 5 years.
*** These numbers are accurate but are for players with zero years experience, i.e. rookies. The amounts go up with player experience, topping out at $845,000 in 2009 for players with 10 or more years experience. Also, unlike some or much of the money in the very high dollar contracts of the top players, none of this money is guaranteed. You have to play to get it.
Here’s the whole chart through 2010:
Credited Seasons 2008 2009 2010
0 $295,000 $310,000 $325,000
1 $370,000 $385,000 $400,000
2 $445,000 $460,000 $475,000
3 $520,000 $535,000 $550,000
4-6 $605,000 $620,000 $635,000
7-9 $730,000 $745,000 $760,000
10+ $830,000 $845,000 $860,000
They get paid nicely to play a sport. It’s a job, not a career. Most of them are too stupid to realize that though and don’t plan ahead.
Report Post »NOKOOLAIDDRINKER
Posted on April 25, 2011 at 6:41pmWho cares? Give me some college football anyday over the NFL!!! NFL bunch of overpaid prima donna’s!!!
Report Post »Cemoto78
Posted on April 25, 2011 at 6:53pmHopefully Obama puts the overpaid children in the rich category and taxes them like the millionares he is always so against.
Report Post »Darmok and Jalad at Tanagra
Posted on April 25, 2011 at 7:05pmOh, I agree, there should be a selfish and crybaby tax slapped on every player that holds out, publicly wants traded, or just sulks about not making enough millions. The owners should taxes for everytime they whine about a statdium or threatening to move their team. But it is a private buisness and we can choose to support them or not. After the baseball strike in the 90′s and NHL strike a few years ago, I still won’t goto or watch a game on TV. If they whine about only making millions, then they don’t need my money.
NFL, you better take notice and realize Joe Six Pack can’t keep paying for your Mercedes when he drives a broken down Dodge.
Report Post »Snowleopard {gallery of cat folks}
Posted on April 25, 2011 at 7:11pmAgreed. Who cares, until Obama decides to step in and bail out the NFL players? Or some such junk he would pull.
Report Post »theonefromabove
Posted on April 25, 2011 at 7:30pmI agree I like College Football much more than the NFL.
http://politicalbowl.com – Political Videos
Report Post »hauschild
Posted on April 25, 2011 at 7:32pmI expected this decision based solely upon the anti-business phenomenon sweeping the nation.
Wonder what these losers will target once they’ve destroyed every business in this country?
Report Post »Professional Infidel
Posted on April 25, 2011 at 7:37pmHow can I support “Professional thugary” Our thugs are worse er worser than yours. I mean better!! after the strikes and such I’m burnt out. wouldn’t pay that much for a ticket even if I could!!!!
Report Post »poverty.sucks
Posted on April 25, 2011 at 7:50pmAttorneys ALWAYS win.
Report Post »Gold Coin & Economic News
Posted on April 25, 2011 at 8:06pmThis is why I hate professional sports. The players are just the same kind of union thugs as we saw in Wisconsin. These guys make gobs of money and yet, they STILL aren’t happy. I‘m not going to waste my money or time watching these sissy’s.
You think with all the money there is in professional sports, SOMEONE would be happy, but no, they want more. They all have the disease of greed!
Report Post »jhaydeng
Posted on April 25, 2011 at 8:31pmAs a former HS player I can say that the pain must be triple strength in the NFL. I would not want to put myself through all that pain for all that money! They are modern day gladiators that are pretty much paid to get hurt! Talk to any former NFL player and see if he can get up without pain meds! Although I do not think that they should have all that power, but some of us pay to see them play! As long as we go they have every right to demand a raise like any other hard working person!
Report Post »banjarmon
Posted on April 25, 2011 at 8:35pmHigh School is better!! They play with their hearts and there are no re-plays on TV
Report Post »Stoic one
Posted on April 25, 2011 at 9:07pmWho cares? I certainly do not; give me Norm Abram in The New Yankee Workshop any day!
OOPS— I forgot Norm is retiring….That new kid is Rough cut.
NPR is good for something; but certainly not government funding.
Report Post »tower7femacamp
Posted on April 25, 2011 at 9:52pmYet Abortion still go on everyday ?
Report Post »Robert-CA
Posted on April 25, 2011 at 10:32pmThat was the news we were waiting for .
Report Post »Now I feel better for the future .
& no more worries the NFL will pay for your house & for your gas .
militarybrat1
Posted on April 26, 2011 at 7:54amjhaydeng
Posted on April 25, 2011 at 8:31pm
“As a former HS player I can say that the pain must be triple strength in the NFL. I would not want to put myself through all that pain for all that money! They are modern day gladiators that are pretty much paid to get hurt! Talk to any former NFL player and see if he can get up without pain meds! Although I do not think that they should have all that power, but some of us pay to see them play! As long as we go they have every right to demand a raise like any other hard working person”
You forget, they don’t have to play. They could go work at HOME DEPOT. Why do the owner’s have to share their wealth? Are the players going to help pay for new stadiums, security, insurance, etc. It’s balony. They should get paid what the market will bear. It’s called the free-enterprize system. Also, the union things kills me. A player should get what he’s worth. Quit watching baseball and hockey after strike. Guess the same for NFL, they make me sick. Where are all the liberals crying about this, when they cry about what CEO of a big corporation makes? He makes what the shareholders will pay. Duh
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