The 8th Circuit Court of Appeals, in a surprise in terms of timing, Friday morning formally overturned a lower court’s decision that had declared the NFL lockout illegal. The 8th Circuit had already stayed the lower court ruling. The latest ruling, which was unexpected because it may serve to influence the advanced labor talks between players and the league, did not rule on whether the league is immune from antitrust law, meaning Brady v NFL can continue. The court’s timing is surprising because the thinking had been that the court had clearly telegraphed during oral arguments on June 3 it would hold off on a decision if the sides were making progress. Nevertheless, the decision was not a complete victory for the NFL. While the lockout can remain in place, the 8th Circuit made no decision on whether the league’s labor exemption from antitrust law remains in place even after the union decertified. The league on June 3 had argued the exemption should last until next March, and the judges had made some suggestions it could last at least six months after the union decertification. But the court ruled narrowly just on the lockout. By not ruling on the antitrust question, the case against the league can continue. The 8th Circuit remanded the overall case back to the lower court. The 8th Circuit court chided the lower court for failing to hold evidence hearings on issues like irreparable harm, so presumably that would occur now. However, if the two sides reach a new deal, dropping the litigation would almost certainly be part of that equation. Another issue the lower court will have to decide is whether the lockout applies to free agents and rookies, because they are not under contract. Of course, the 8th Circuit made it clear in the ruling that even if the NFL was forced to sign these players, it could then lock them out. “Whether to enter an injunction requiring the League to deal with free agents and rookies, only to have these players locked out as soon as they enter into any new contract of employment, was not considered” by the lower court, the court ruled (Daniel Kaplan, SportsBusiness Journal).
TWITTER REAX: The ruling drew a lot of immediate reaction on Twitter Friday morning. ESPN’s Chris Mortensen wrote, “8th Circuit timing a surprise but actual ruling was expected. That was clear to players/owners when overruled Judge Nelson on lockout. … So, very doubtful this ruling impacts current negotiations; also, players anti-trust suit still lingers, especially in September.” SI’s Peter King: “I don't think Goodell will allow owners to step on players' throats w/8th Circ ruling. He has to know how dangerous that'd be.” N.Y. Times’ Judy Battista: “Very surprising that the 8th Circuit released its opinion now. … Have to think Goodell does not let owners try to crush players, when they are so close to doing a deal.” Chicago Sun-Times Sean Jensen: “Surprising timing. But 8th circuit court has overruled lower court and backed NFL's lockout. Gives owners some momentum in crunch time.” CBS Sports’ Mike Freeman: “Lockout = legal. 8th circuit may have just ruined the season.” Atlanta Constitution’s Jeff Schultz: “Some judges have no sense for timing.”
