The 8th Circuit Court of Appeals' ruling on Monday to keep the NFL lockout in place "indicates that the NFL finally might have found what it wants after years of resounding defeats in the nation’s courts: a business-friendly panel of appellate judges who can help the league turn the tables on players in the legal dispute that threatens" the '11 season, according to Amy Shipley of the WASHINGTON POST. In siding with the league, the judges "all but scoffed at some of the players’ arguments, suggesting they might not fare well when the panel considers the overall legality of the lockout next month." The NFL "has long believed it could score with an appeals court that covers mostly red states in the nation’s heartland and whose most liberal members, attorneys say, would be considered moderate on other circuits." Attorney Jon Hopeman said, "If the NFL can’t win before the 8th Circuit, they can’t win anywhere." Shipley notes the "stakes will be high when the appellate panel meets again June 3 to consider whether U.S. District Judge Susan Richard Nelson erred last month when she ordered the NFL to end its lockout of players." The players "still have leverage" from the TV rights case, and U.S. District Judge David Doty is "expected to rule soon on the damages the NFL must pony up to players." NBA players are "keen to determine whether they should mimic the football players’ strategy" when their CBA expires next month, and the NHL is "so interested in the outcome of the case it submitted a brief on the NFL’s behalf." Both realize that an NFL "victory on appeal not only would be a blow to NFL players, forcing them to consider abandoning their lawsuit and accepting bargaining concessions if they hope to receive paychecks this season, but also would have consequences throughout professional sports" (WASHINGTON POST, 5/18).
PAINTING A BLEAK PICTURE: NFL Network's Jason La Canfora reported several prominent attorneys "feel like the wording of this opinion paints a very bleak picture for the NFLPA, at least in terms of this appeal with the 8th Circuit Court." La Canfora: "They feel in their words it's an 'inevitability that it's going to go against them,' this ruling, and they're wondering how De Smith is going to respond, frankly. Some of them wonder if the pressure will ratchet up on him a little bit to be a dealmaker, to try to do some things outside of the courtroom and be proactive to get a deal done because these agents feel like they're not going to win this particular battle in court." La Canfora also said he does not get the "sense that anyone is optimistic" about a CBA getting done in June. He said, "All sides point to them maybe getting together in July after we get a decision from the court, but even then I get a sense it's going to be a long, hot and contentious summer without a labor solution in sight" ("NFL Total Access," NFL Network, 5/17). Dallas Morning News columnist Tim Cowlishaw said, "For the first time I think the possibility of missing a regular-season game or two -- or more -- is there now." Cowlishaw: "I thought the fans were better served by the players just winning and winning and forcing the owners to finally make a reasonable offer. ... Now that the owners have scored a big win in court, the players can't really do anything about it" ("Around The Horn," ESPN, 5/17). ESPN's Jim Rome said the players "may be in a war they just can't win." Rome: "The owners got the ruling they were banking on and now they're looking to bleed the players out, and they probably will" ("Jim Rome Is Burning," ESPN, 5/17).
FORWARD PROGRESS?: NFL.com's Albert Breer noted the NFL and NFLPA "wrapped up a third round of court-ordered mediation" yesterday. U.S. Magistrate Judge Arthur Boylan has scheduled another two-day mediation for June 7-8, "shortly after the 8th Circuit's June 3 hearing" on the appeal of Nelson's decision. Pro Football HOFer Carl Eller, a named plaintiff in an antitrust lawsuit against the league, said that "he felt this was the most productive week of mediation yet, only because the players got something tangible from the owners, in the form of a few pages of bullet-points on the league's position." Also, NFL Commissioner Roger Goodell and NFLPA Exec Dir DeMaurice Smith "had lunch together with Boylan on Tuesday, shortly before the day's work wrapped up" (NFL.com, 5/17). In N.Y., Judy Battista notes there are "some indications progress could be made even before the appeal is decided." Boylan told the NFL and NFLPA yesterday that he "wanted new proposals submitted to him on a confidential basis next week that would narrow the differences that remained when talks broke off March 11 following a last-ditch proposal from owners." But a source "played down any optimism, saying there was no progress in this round, and did not expect any movement until after the ruling on the appeal" (N.Y. TIMES, 5/18). However, YAHOO SPORTS' Dan Wetzel cited sources as saying that "progress was reached Monday when the league presented what was considered its most substantive exchange to date." The source said, "There was not a sufficient exchange before. Monday there was. It was an adequate exchange of ideas that hopefully can be continued." For the "first time in a while, optimism was felt by some people directly involved in the process." But one players' source who was not in the room did say that he "was less hopeful" (SPORTS.YAHOO.com, 5/17).
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Brees says he is discouraged by
8th Circuit Court's decision |
PLAYERS RESPOND TO RULING: Jets FB and player rep Tony Richardson "still believes there will be football" this year. Responding to the 8th Circuit Court's ruling, Richardson last night said, "The decision pushes things back, and it was a big step. But I'm believing there's going to be football. There's a process, and we don't quite know what this thing is going to look like. We just have to keep fighting and see how this thing plays out" (NEWSDAY, 5/18). Giants DT Chris Canty yesterday said, "(The labor dispute) will definitely be settled. There will be a football season. ... We're going to have football this fall" (N.Y. POST, 5/18). The AP's Barry Wilner noted how long NFL players "can remain unified" remains to be seen, but they "aren't panicking." Richardson: "We have kept saying throughout this process that the players are stronger than ever. That hasn't changed." When asked if a "crack in the players' solidarity could result from the likelihood the lockout will last long enough to disrupt the beginning of training camps, Canty said to expect the opposite." He added, "We have the leadership to handle the business side of it and we're sticking together, no doubt" (AP, 5/17). However, Saints QB and NFLPA Exec Committee member Drew Brees "admitted he was discouraged" by Monday's ruling. Brees: "I haven't read the opinion yet but I'm discouraged by the fact that the U.S. District Court had ruled heavily in our favor and now it seems to be the opposite in the 8th Circuit Court. ... It has to run its course but I'm hoping there is progress made so we can get back to football" (ESPN.com, 5/17). Former NFLer Brad Hopkins said, "What you’re going to start seeing is the foundation start to crumble, unfortunately. ... The NFL can sustain itself without the use of the players, for a while. But the players are not in that kind of position" (Nashville TENNESSEAN, 5/18).
TV GUIDE: In L.A., Joe Flint reports networks including NBC, Fox and ESPN this week are "telling advertisers to whom they are presenting their fall lineups that they believe the players and owners will strike a new deal on a collective-bargaining agreement before September." NBC Entertainment Chair Robert Greenblatt said the network is "optimistic" about an '11 NFL season. Flint notes of "all the networks, NBC has perhaps the most at stake" since its "SNF" package is "one of the ratings-challenged network's few bright spots." ESPN and Fox execs "also gave assurances to the media and advertisers this week that a pact would be reached before any real damage was done." NFL TV partner CBS is delivering its upfront presentation today (L.A. TIMES, 5/18). Greenblatt during NBC's upfront on Monday did admit that the network is anticipating the "SNF" schedule "would 'most likely' be delayed only a few weeks beyond its skedded Sept. 8 Thursday-night kickoff if the lockout continues." NBC said that it is "developing a range of unscripted series and specials that could help fill the NFL gap on Sunday if need be" (VARIETY.com, 5/17).
