The NFL’s opening brief is due to be filed in the 8th Circuit Court of Appeals in St. Louis today. The circuit court last week granted the NFL’s request for an expedited appeal on whether to make the temporary stay of the district court’s decision to end the lockout permanent. A panel of three judges from the 8th circuit, Judges Duane Benton, Kermit Bye and Steven Colloton will begin the hearing on June 3 in St. Louis.
Currently, a temporary stay is keeping the lockout in place. Last week many had expected the circuit court to rule on the status of the temporary stay. This week legal pundits have suggested that with the expedited hearing and briefing schedule it is not likely that the court will rule on the matter before the June 3 hearing.
While the expedited appeal may make it more likely that the lockout will remain in place, for now it puts off the ability for any transaction between the players and the teams to occur. All the newly drafted rookies are unemployed and the rookie minicamps normally scheduled for this week have been cancelled. Players are left without the proper resources to help get them get prepared. Except for ad hoc player organized meetings or workouts, the new recruits have been unable to meet with teammates, review play books or speak with coaches.
Rumors of a complete shutdown by the league if it were to lose in the appeal process are being circulated. Essentially the NFL would cease all operations rather then end the lockout by commencing operations. This is based on the belief that a shutdown would not violate the court order to end the lockout because the league would be going out of business.
All that sounds a lot like the type of thinking that cost the league one of its first big losses in the litigation battle and tipped the scale in favor of the players. Earlier this year, U.S. District Court Judge David Doty ruled that the league had violated its obligations to the players in how it negotiated $4 billion dollars worth of television contracts. A hearing on what portion of the $4 billion “lockout insurance” money should be awarded to the players is scheduled to start on Thursday.
The parties are also scheduled to return to court ordered mediation on May 16 before U.S District Court Chief Magistrate Arthur J. Boylan.
