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8th Circuit Rules: Lockout is legal...but lifted?

Discussion in 'Miami Dolphins Forum' started by ckparrothead, Jul 8, 2011.

  1. ckparrothead

    ckparrothead Draft Forum Moderator Luxury Box

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    The 8th Circuit has issued their ruling. The information is still coming in.

    They've ruled that the Norris-Laguardia Act applies to this case and therefore the courts had no right to interfere by lifting the lockout.

    That's not very interesting, everyone knew that was going to happen. The question was always, what would they do that "neither side will like"? Obviously the owners love that they ruled the lockout legal.

    But Adam Schefter reports that the ruling says that the NFL cannot lock out rookies and free agents, because there is no contractual agreement in place with them.

    Now, perhaps I presume too much...but I believe this could mean that free agency and and the signing of draft picks as well as undrafted free agents could start immediately. None of those have contractually binding agreements with NFL teams, so they can talk all they want with teams, they can agree to terms, etc.

    The grey area is the free agents. They're not really free agents by contract until the start of the new league year which the NFL may argue hasn't started yet, contractually speaking. That's a grey area and I expect the NFL to issue a directive that free agency will not start.

    AT THE VERY LEAST though, undrafted free agents and draft picks should be fully free to sign with NFL teams, if Schefter is correct about the ruling.
     
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  2. Paul 13

    Paul 13 Chaotic Neutral & Unstable Genius Staff Member

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    Yeah, I think it's a step in the right direction. The timing is always interesting though. This is supposed to be D-Day. If it is, then maybe this is a spring board to this whole mess being over and we can get back to some means of normalcy.
     
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  3. DePhinistr8

    DePhinistr8 Season Ticket Holder

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    That would be good and bad for the UDFA's
    "Hey Mom, I just signed with <insert nfl team here>!"
    "that's great son! When does practice start"
    "hell if I know, momma"
    "Well, get back outside. That grass ain't gonna cut itself"
     
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  4. Paul 13

    Paul 13 Chaotic Neutral & Unstable Genius Staff Member

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    yikes...

    That's from PFT... hopefully Florio is being overly lawyersome... :lol:
     
  5. FinNasty

    FinNasty Alabama don’t want this... Staff Member Club Member

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    I think the biggest impact that could have is on the UDFA's. If thats true, they should be pouring in very soon... especially with the fact that teams will want to stock up as much they can due to the injuries that are bound to happen w/o the offseason prep work...
     
  6. ckparrothead

    ckparrothead Draft Forum Moderator Luxury Box

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    In this case, Florio may not realize (yet) what Adam Schefter is reporting...that the lockout can't apply to rookies and free agents.
     
  7. Southbeach

    Southbeach Banned

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    I have to think it would be in everyone's best interest to completely ignore this ruling.
     
  8. schmolioot

    schmolioot Season Ticket Holder Club Member

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    The lockout still applies to everybody. What the court ruled is that Nelson has to have a specific evidentiary hearing regarding the applicability of the lockout to UDFA's and free agents. Her ruling on that matter, either way, could then be appealed.

    Nothing has really changed and nothing in the Order should stop the ongoing negotiations. There is enough risk for both sides. The most intriguing part of the Order is that the Court didn't answer the question as to whether or not the lockout might become illegal in September, when the players are actually working and earning their paychecks. The ruling is designed to allow the players to come back and try again in September.

    It was legal hair splitting at its finest. The parties need a settlement agreement, sooner rather than later.
     
  9. ckparrothead

    ckparrothead Draft Forum Moderator Luxury Box

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    Here's some much needed clarification on this rookie/free agent loophole:

    http://profootballtalk.nbcsports.co...d-discourage-owners-from-dropping-the-hammer/

    So basically they've left the ball in Judge Susan Nelson's court to forcibly begin free agency and the signing of undrafted/drafted rookies. She would have to engage in a hearing and while Florio says this could take weeks...I'm not so sure. Judge Nelson just got her @ss chaffed in this ruling by the NFL and the 8th Circuit and she has every motivation to expedite things ASAP and do exactly what the 8th Circuit just gave her the explicit freedom to do...forcibly lift the lockout as it pertains to free agents and rookies, therefore demanding that the NFL conduct "business as usual" for free agents and unsigned rookies.

    Florio has the right of it that the net effect of this is probably more leverage- than action-oriented. It's something that should prevent the NFL owners from, as Florio calls it, "dropping the hammer" on negotiations, feeling like they've got the wind at their backs. It's an important aspect of the ruling that should help ensure that both parties continue negotiating as if nothing just happened. But should, does not mean will. And if there's any more hiccups in negotiations like the one seen last week, expect a filing for an expedited hearing in Judge Susan Nelson's court asking for the lockout to be lifted as it pertains to rookies and free agents. And expect Judge Nelson to issue a ruling very quickly.
     
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  10. Stitches

    Stitches ThePhin's Biggest Killjoy Luxury Box

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    But that would be true FAs, not just those with 4 yrs of service, right?

    I would think all parties would want to ignore this ruling ans just finish what is supposed to be close.
     
  11. ckparrothead

    ckparrothead Draft Forum Moderator Luxury Box

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    It's a ruling issued that in a lot of ways preserves the balance of leverage.

    They went out of their way to issue a statement saying that they're not providing opinion on the length of the labor exemption. This opens the NFL to lawsuit and treble damages down the road and allows the NFL to have potentially hung itself on the words of their own lawyers who during the 8th Circuit hearing said the exemption should last at least 6 months.

    But the rookie/free agent thing is more significant than you're letting on. By issuing the language they did, they've done a few things:

    1. Put the ball in Judge Susan Nelson's court to begin the "business as usual" with respect to signing free agents and rookies.

    2. Give her every motivation to do so as quickly and forcibly as possible so as to save face from what was otherwise a thorough reversal by a superior court.

    3. Indicate that if her ruling on enjoining the lockout as it pertains to rookies/free agents is appealed by the NFL, the 8th Circuit WILL NOT be issuing emergency injunctions on her ruling, like they did when she ruled that the lockout was enjoined.

    That's a very significant development that changes the leverage a little bit because the NFL would then be exposed to more treble damages if they refuse to comply with Susan Nelson's ruling...even if the lockout gets lifted in time to play all the regular season games. Free agents and especially UDFAs could argue that the delay in allowing them to sign with teams inflicted damages on their careers...for which the NFL woul be on the hook for triple damages (it's triple, right?).
     
  12. schmolioot

    schmolioot Season Ticket Holder Club Member

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    At the end of the day, this ruling shouldn't stop, stall or otherwise hinder the obvious progress made between the NFL and the PA over the lasts everal weeks. Both sides would be incredibly foolish to walk away now.

    But you're right, there was potentially a small leverage shift to the players in that Nelson could quickly rule that free agents can be signed.
     
  13. Samphin

    Samphin Κακό σκυλί ψόφο δεν έχει

    What a weird paradox. All the unsigned rookies can sign, but immediately when they do, they no longer are allowed to talk to the team. It almost make smore sense, to leave them unsigend so you can talk to them about offensive/defensive philosophies, etc., and then just sign them once the lockout is lifted.
     
  14. ckparrothead

    ckparrothead Draft Forum Moderator Luxury Box

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    No, it would apply to anyone without a contract. Doesn't matter if it's a rookie, second year, third year, fourth year or sixth year. Judge Nelson could rule that anyone that doesn't have a contract, is now no longer locked out...freeing them to sign those contracts (at which point they would then be locked out). The NFL would appeal the ruling but the 8th Circuit has given a pretty clear indication that they would not grant the injunction against Nelson's ruling on unsigned players like they did with her ruling that the lockout is enjoined.
     
  15. padre31

    padre31 Premium Member Luxury Box

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    They can show they are being harmed by the lockout, and Nelson has to have a hearing w/both sides offering evidence then issuing a ruling etc.
     
  16. Southbeach

    Southbeach Banned

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    I find this release of decision strange, with free agency now being debated on matching offers from original teams. Do the courts not watch TV or, do they?
     
  17. Samphin

    Samphin Κακό σκυλί ψόφο δεν έχει

    They watch Courtv....
     
  18. ckparrothead

    ckparrothead Draft Forum Moderator Luxury Box

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    The timing is VERY curious. We seem to be reaching a period where an agreement could have been made within the next 24 to 48 hours and yet this court decision undoubtedly delays things if for no other reason than to fully digest everything they ruled in their 34 pages. And now the NFLPA* has to decide whether to file an immediate claim with Judge Nelson's court asking for the lockout to be lifted on unsigned players, which would doubtless cause much consternation from the owners in the negotiating room.
     
  19. Desides

    Desides Well-Known Member

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    If the negotiations truly are at the 5 yard line as previously claimed, then the NFLPA needs to simply continue the negotiating process. The negotiations apparently set the free agency requirements back to 4 years, so eventually everyone who deserves to be an FA will be one. No need to upset the apple cart.

    Of course, I'm sure Kessler and Quinn are drafting the paperwork for Nelson right now.
     
  20. Southbeach

    Southbeach Banned

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    Perhaps, it is something to push the deal before the mediator goes on vacation. Other than that, is does not make any sense.

    The FA, both NFL and college, are not going to do anything at this point, although agents may. The timing was as bad as it gets, with no apparent reason.
     
  21. Paul 13

    Paul 13 Chaotic Neutral & Unstable Genius Staff Member

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    the joint statement by the NFLPA* and the owners is encouraging. Basically saying they are moving forward... "While we respect the court's decision, today's ruling does not change our mutual recognition that this matter must be resolved thru negotiation. We are committed to our current discussions and reaching a fair agreement that will benefit all parties for years to come and allow for a FULL 2011 season."

    That's the best statement they have released together in a while. Hopefully they'll get this done before that other judge can rule.
     
  22. Southbeach

    Southbeach Banned

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    Good news. One has to wonder if judges want a little publicity, and their involvement has greatly diminished.
     
  23. ckparrothead

    ckparrothead Draft Forum Moderator Luxury Box

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    Nice job by them quickly releasing a joint statement on it.

    I think the net effect of this is that they're just as motivated to get something done, if not more so, however the players and owners know that if things de-rail then the players now have been given one more card they can play.
     
  24. Southbeach

    Southbeach Banned

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    I look forward to the movie version, years from now, as to what really went on. You know it's coming. :)
     
  25. Samphin

    Samphin Κακό σκυλί ψόφο δεν έχει

    Carlton Banks as DeMaurice Smith!
     
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  26. FinsAreLife

    FinsAreLife Well-Known Member

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    This ruling couldn't have come at a worse time, i have a bad feeling this could set things back
     
  27. ckparrothead

    ckparrothead Draft Forum Moderator Luxury Box

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    Yeah reports are that the talks made very little progress today and for that I too would blame the timing of this ruling. It shouldn't have changed the balance of the negotiations but there's a possibility that both sides think they got the better end of the ruling and this has made both sides take hardline stances.
     
  28. Paul 13

    Paul 13 Chaotic Neutral & Unstable Genius Staff Member

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    If they don't work thru the weekend, well that will be the final straw! And it's interesting to note that the talks slowed after the players conference call.
     
  29. smahtaz

    smahtaz Pimpin Ain't Easy

    I don't think so. If I'm reading it correctly, any player that has no previous ties to the NFLPA should have full access to team facilities because the NFLPA doesn't exist.
     
  30. rdhstlr23

    rdhstlr23 Season Ticket Holder Club Member

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    I don't think this thing is going to be done in time. If it's not done next week, my interest will wane in football. Without a whole season, it just won't feel normal. I feel like it's an asterisk type season, like when the Spurs won. It just wasn't as fun.

    I think the NFL will be surprised at the loss of fandom if they don't get things started on time. I'll be one of them.
     
  31. alen1

    alen1 New Member

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    I am not worried one bit. NCAA football season starts soon.
     
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  32. rdhstlr23

    rdhstlr23 Season Ticket Holder Club Member

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    Completely, agree. Florida is already a CFB state. It's going to become an even stronger one if the NFL doesn't get its act together.
     
  33. alen1

    alen1 New Member

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    CFB is just better football than the NFL to me. More dynamic, more innovative, etc.
     
  34. padre31

    padre31 Premium Member Luxury Box

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    NCAA football is just crap to me Alen, ugh, cannot stand it from the nonsense about Undefeated Teams not making national title games to pay for play schemes, I'd frankly rather watch Soccer.
     
  35. MrClean

    MrClean Inglourious Basterd Club Member

    Blasphemer!!!!!!
     
  36. padre31

    padre31 Premium Member Luxury Box

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    [​IMG]

    I think you know what comes next.
     
  37. alen1

    alen1 New Member

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    I'd watch soccer over football anyday. But that's besides the point, I don't really care about the BCS. I watch it because the best football minds are there.
     
  38. Ozzy

    Ozzy Premium Member Luxury Box

    I feel the same way towards the Canadian league. At least with College we are seeing a bunch of future stars growing before our eyes. In the Canadian league you get a ton of castoffs that will. for the most part, never sniff the NFL.
     
  39. padre31

    padre31 Premium Member Luxury Box

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    Ultimately pointless though alen, when the best teams do not play games that matter, for championships, for no other reason then the System, I refuse to invest my time into viewing such things, save for :theu: of course, as whole though what a load of nonsense it is, one can like the schemes, heck I used to like the Stone Cold Stunner, to me there is very little difference between the two.
     
  40. padre31

    padre31 Premium Member Luxury Box

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    No you are not, you are merely watching the best 80 semi pro players that a Coach can pay to come to their school wrapped up in some bull**** "school spirit" package featuring Lee Corso putting on the mascots' head pieces, how appropriate for the sham that crap is, perhaps the NCAA officials should wear clown noses when they appear on camera to complete the truth telling?

    Andrew Luck staying in school is met with shock and derision, "how can he pass up on all of that money!?!" the ESPN radio guys go on and on about, well gee fellas, isn't that the point of the student athlete..you know...to get a degree and stuff?

    Otherwise just call it minor league football and be done with it, but they can't say that so the farce rolls forwards.

    At least with the CFL there is no such pretention, you watch or not, no bilge about "student athletes" no crap about "old rivalries" or "campuses"
     

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