Judge Stays Ruling In NFLPA Case Against NFL Retired Players

By Daniel Kaplan, Staff Writer, SportsBusiness Journal

The federal judge who presided over the case pitting the NFLPA against a class of 2,062 retired players stayed the judgment late yesterday until he decides whether to overturn, modify or keep intact the jury decision. A stay is a court-ordered short-term delay in judicial proceedings. When the jury awarded the class $28.1M on November 10, under federal law there was an automatic stay of two weeks, after which time the plaintiffs could then begin the process of collecting the money. That would have begun next week. But the NFLPA has asked Judge William Alsup to overturn the verdict, arguing as a matter of law the decision was improper. The jury found the union guilty of breaching the retirees contractual and fiduciary rights. In requesting the stay two days ago, NFLPA outside counsel Jeff Kessler said the situation met the four legal criteria for getting the delay: There was a substantial chance the court could overturn the verdict; the union would be hurt by paying out the money and then having the decision modified or vacated; a stay would not injure the plaintiffs; and no public interest was met by expeditiously paying out the money. Alsup cited "good cause shown" in granting the stay. He wrote that the plaintiffs in the future could move to overturn the stay if he does not decide expeditiously whether to overturn the verdict. Prior to closing arguments, Alsup said the defense had made a "very substantial" motion to dismiss the case at that time. Alsup allowed the case to proceed, but he can overturn the verdict. The NFLPA has said if Alsup does not reverse the decision, the group will appeal.

Print This Article