Breaking News: Appeals Court Grants Permanent Stay

The NFL wins the latest round in the ongoing lockout dispute.

Late this afternoon, the 8th U.S. Circuit Court of Appeals granted the owners’ request for a permanent stay, meaning the lockout, now in its 62nd day, will continue – for now.  A hearing is set for June 3 on the legality of the lockout.

The appellate court ruled 2-1 with the NFL’s stance it would “suffer some degree of irreparable harm without a stay.”

The ruling is in stark contrast to U.S. District Judge Susan Nelson, who lifted the lockout in late April in a decision overwhelmingly in support of players.

The NFLPA released this statement on today’s decision:

“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.”

ESPN’s Adam Schefter offered his assessment via Twitter shortly after the ruling:

Today’s ruling isn’t surprising.  This is the same court that granted the NFL a temporary stay in early May.  It’s also the same court some insiders have labeled “pro business.”

I’m ready for a court – or someone – to be “pro fans,” putting an end to this once and for all.

Are you paying attention, NFL and players?

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NFL States Case for Permanent Stay

The NFL isn’t satisfied with a temporary stay.

This morning, ESPN reports the league filed an 18-page brief with the 8th U.S. Circuit Court of Appeals, outlining its case for a permanent stay of last week’s injunction to lift the lockout.  The NFL argues U.S. District Judge Susan Nelson lacked the authority to get involved in the labor conflict.   A week ago, Nelson granted the players’ request to block the lockout.

In its brief, the NFL insists the National Labor Relations Board – not Nelson – has the authority to make such a ruling.

Nelson wrote in her decision, “the irreparable harm [of a lockout] to the players outweighs any harm an injunction would cause the NFL.”  The league maintains the opposite, saying it’s the owners who are harmed if the lockout is lifted, and the players are mostly unaffected, since this process should be completed this offseason.

Until a decision is made, player transactions, such as trades, free agent signings, or cuts are in limbo.

The 8th Circuit could decide as early as today whether to issue the permanent stay or uphold Nelson’s ruling.

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Injunction Request Ruling Expected Soon

Multiple reports suggest U.S. District Court Judge Susan Nelson could rule as early as today on an injunction request by the NFL’s players.  That hearing was April 6 in a Minneapolis courtroom, and Judge Nelson said then a ruling would take a few weeks.

It seems this is the week.  As for any specifics, it’s all conjecture, but expect a ruling before the start of Thursday’s NFL Draft.

If Judge Nelson sides with the players, the league-imposed lockout would be lifted.  It’s always possible – even likely – there will be an appeal by the losing side.  Even if the players win this round and the lockout is lifted, that doesn’t necessarily include free agency.  It all depends on the details of Judge Nelson’s ruling, whenever that happens, but here is Peter King’s take:

I think the biggest question about Judge Susan Nelson issuing an injunction this week — which I presume she will do — to kayo the owners’ lockout of the players is whether she’ll order the league year to start immediately. Will she open the doors and start the league year and order free agency to begin? Or will she issue a stay and say the league can’t begin until the appeals court issues a ruling in the case? Obviously, if free agency begins and teams don’t know if there’s going to be a salary cap this year, there won’t be the willy-nilly spending of some other free-agency periods. And the union could load up with charges of collusion if very good players aren’t pursued in the free market. In short, it could exacerbate the situation, not help get closer to a settlement.

Mediation between the league and players is on hold until May 16.

NFL Invites Players to Draft

Remember when there was talk of a prospect boycott at the NFL Draft?  NFLPA’s George Atallah quickly diffused the controversy last month when he sent a series of tweets disputing the word ‘boycott’ was ever used.

If anything, the 2011 NFL Draft is the “anti-boycott.”

A record 25 prospects will attend Radio City Music Hall later this week, including Auburn quarterback Cam Newton and the presumed frontrunners for Denver’s No. 2 pick (Marcell Dareus, Nick Fairley, Von Miller, and Patrick Peterson). Miller’s inclusion is a bit surprising, since he is the lone prospect listed on the antitrust suit against the NFL.  Talk about irony.  Can you imagine the hat, jersey, and handshake exchange with NFL commissioner Roger Goodell when Miller steps onto the podium?

Awkward.

We won’t have to imagine.  We’ll see it on Thursday.

Melissa with Barry Sanders Memorial Blog has the full list, along with more on some other draft week activities planned.

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