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NFL Today Responds To Antitrust Lawsuit Filed By Retired Players

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The NFL today told a Minnesota federal court that for the same reasons it should reject an antitrust lawsuit brought by nine active NFL players, it should reject one brought by four retired ones. In addition, the NFL said the retired players, led by Carl Eller, also lack standing to bring the antitrust lawsuit. The 24-page legal brief focused extensively on the same arguments the league made against the Tom Brady lawsuit, contending that federal law disallows courts from getting involved in labor disputes. The NFL and class counsel for the Brady class will square off in court Wednesday over whether the lockout should be lifted. The league will not stand in the way of the Eller and Brady classes merging, though the active players have not said if they want the cases to be joined.

The NFL reply to Eller did add another piece of evidence to its arguments, noting in the last edition of the NFLPA publication the Huddle the group wrote, “The NFLPA members gave the NFLPA permission to renounce its union status in the event of a lockout.” The NFL contends this amounts to a tactic, which labor law disallows as a reason for renouncing union status. Unions cannot sue under antitrust law, so for Brady to succeed the class must not be part of a union. The former union maintains all it has to do is announce it is no longer a union and that is enough.

The Eller class grew from four to five, adding Univ. of Wisconsin-Stout WR Antawan Walker. The Eller class seeks to represent all retired and incoming players, the groups largely not covered by Brady (though the named plaintiffs include Texas A&M LB Von Miller).
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