As we explained last week, the eventual ruling
could turn on the standard of review that applies to the various aspect of Judge Nelson’s decision.
Generally speaking, decision to grant motions for so-called “preliminary injunctions” are overturned only if the judge abused his or her discretion.
Lawyer David Boies told PFT Live last week that, in his view, certain aspects of Judge Nelson’s ruling should be reviewed from scratch, with no deference being extended to her reasoning or result.
We’ll know more about the specifics of the parties’ arguments soon.
The league’s brief is due May 9, and the players’ response will be filed on or before May 20.
The NFL gets the last word, on May 26.
Still unknown is whether Judge Benton and Judge Colloton will decide to grant the full stay.
If only one of them agrees with Judge Bye, the lockout will be lifted pending resolution of the appeal.
If both judges find that the stay should be granted, there will be a whole lot of nothing going on in the NFL between now and the resolution of the appeal.
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