The Lockout is Lifted - Wait, No It Isn't
The Eight Circuit Court of Appeals acted quickly in response to the NFL's appeal, granting it a temporary stay of Judge Nelson's order that granted the players an injunction.
The Eight Circuit has reinstated the lockout, until such time as it has had the opportunity to determine whether the NFL is entitled to a full stay pending its appeal. Confused? You're not alone. Let's back up.
Judge Nelson granted the players an injunction, which is temporary relief until the Court decides the players' claims on the merits. The NFL believes the players are not entitled to an injunction, and asked Judge Nelson to stay the injunction (meaning keep the status quo), and she refused. The NFL then appealed Judge Nelson's denial of its request for a stay to the Eighth Circuit, arguing among other things, that injunctions are not permitted in labor disputes. Although the Eighth Circuit is not ready to decide whether the NFL is entitled to a complete stay, it has issued a temporary stay, until it has the opportunity to determine whether the NFL is entitled to an actual stay.
We are far from a determination on the merits (which must first be performed by Judge Nelson), but the Eighth Circuit is expected to decide next week whether the NFL is entitled to a stay of the injunction, until the players' claims have been adjudicated. What does this mean? We will not find out for quite some time whether the players or the NFL are right, and that both sides must now work together to avoid compromising the 2011 NFL season.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.