The NFLPA yesterday asked the 8th Circuit Court of Appeals to overturn a lower court decision finding the union had waived its right to bring a collusion claim against the NFL. The union alleged the NFL had a secret salary cap in '10, but a Minnesota federal court last month agreed with the league that the '11 dismissal of the antitrust settlement that had governed labor relations between the sides removed the right to sue for any prior alleged collusion.
The NFLPA appealing to the 8th Circuit is somewhat of a reversal of roles. The NFL has been more commonly the side appealing to the 8th Circuit, most recently during the lockout when the 8th Circuit overturned a lower court order lifting the lockout. Yesterday, the NFLPA got a little bit more of bad news from Minnesota federal Judge David Doty. After Doty ruled on Dec. 31 the union could not sue because it had waived that right, the NFLPA then filed saying he should allow the union to sue because the league had not been forthright in getting the players to cede their right to sue.
The NFLPA then asked for an extended briefing schedule, and the NFL filed a motion against that. The union then asked Doty to strike the league motion on the briefing schedule, and yesterday he denied the union strike motion.
