Game On! Breakdown of NFL Lockout Decision
Judge Susan Richard Nelson of the US District Court in Minneapolis today granted the players' preliminary injunction, which temporarily ends the NFL lockout. A preliminary injunction is a remedy designed to alleviate the harm that can be caused while waiting for a court decision on an issue. In order to obtain a preliminary injunction, the proponent must show that there is a threat of irreparable harm, that such harm is greater than any harm that would be caused to others by the injunction, that there is a fair chance the proponent will succeed on the merits, and the interest the public has in the dispute.
As for the irreparable harm requirement, the players contended that, due to their short careers (less than 4 years on average), a year without playing would cause severe economic loss. Courts have held that a professional athlete's career is more limited than that of other occupations, and that therefore the loss of even one year of playing time is very detrimental. Judge Nelson also found that the players had a fair chance of succeeding on its claim that the lockout is a per se unlawful group boycott and price-fixing agreement in violation of antitrust law.
The owners immediately filed a Notice of Appeal of Judge Nelson's decision to the Eighth Circuit Court of Appeals, which is considered a somewhat more favorable venue for employers. In the meantime, the owners will seek a "stay" of Judge Nelson's order, until the appeal has been decided. Of course, the players have not won their case on the merits, although a complete reading of Judge Nelson's decision (a copy of which can be seen here) reveals that she is clearly on the players' side.
Hopefully the players and the owners will continue to have settlement discussions, as this process will take some time.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.