NFL Lockout Ruling: Is the Decision a Roadmap for the NBA Players?
Well, yes, if Judge Nelson's ruling is upheld.The bottom line from Judge Nelson's decision, stopping the NFL lockout ,was her belief that it is nuts to shut down a $9 billion industry and harm and/or elimate the jobs of the players and the tens of thousands of blameless people employed by the NFL and its stadiums. It is important to note that the court did not choose sides (at least not yet) between the owners or players on which side is correct on the CBA dispute, the judge was more concerned about the injury to the public and the economy from shutting down a vibrant and profitable juggernaut.
For the moment, the NFL players' decision to decertify their union (giving them the right to sue in federal court) and the filing of action challenging the legitimacy of a lockout has worked perfectly. Apparently, the NBA players have enough votes to decertify and sue their union. One important difference that might cause a different outcome is the disperate finanical condition of the leagues. I expect that the NBA owners reason for a potential lockout will be that overall their league is losing money, unlike the NFL, and they simply can not continue to operate at this type of loss. We will have to see if this claim is really true and how the court will balance the NBA losing money against the financial harm of all the jobs lost in a lockout.
The NFL is going to ask Judge Nelson for a stay of her ruling so it can appeal. The odds of getting a stay aren't good in general so the NFL will likely have to have go to the appeals courts to try to a get a stay and a reversal. If the owners get Judge Nelson reversed, however, then the "legal roadmap" is in the hands of the NBA owners.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.