A minimum of $707 million in damages is what the NFL players have requested for their claim against the League and its $4 billion worth of broadcast contracts. Federal District Court Judge David Doty has reserved his opinion on the damage request.

During a two hour hearing during which attorneys for the League and the players presented their arguments, Jeffrey Kessler, the lead counsel for the players, encouraged Judge Doty to issue an expedited decision because of the ongoing lockout that has restricted league operations.

Judge Doty already backed the now-decertified National Football League Players Association in his decision overturning Special Master Stephen Burbank’s ruling in favor of the NFL. In his March 1st,  28-page opinion, Judge Doty ruled that the NFL violated its labor agreement with the players when it negotiated television contracts to include provisions that guaranteed payment to the NFL even if the 2011 season was not played as a result of a lockout. Specifically, Judge Doty stated, “The record shows that the NFL undertook contract renegotiations to advance its own interest and harm the interests of the players.”

The union claimed that the NFL failed to maximize the television contracts and accepted lesser financial terms to provide the owners with a guaranteed “war chest” of revenue. The union convinced Judge Doty that this revenue stream provided illegal financial leverage for the NFL in its labor fight with the players.

Clearly, any damage award rendered by Judge Doty will be appealed by the NFL, which will bring the League and its players in front of the Eighth Circuit Court of Appeals once again.

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Photo of Gregg E. Clifton Gregg E. Clifton

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in…

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in the collegiate and professional sports world. He has advised numerous professional franchises on general labor and employment issues, including Title III ADA regulatory compliance and wage and hour issues. He serves as lead counsel for several Major League Baseball teams in their salary arbitration matters and has represented NCAA and NAIA collegiate clients regarding rules compliance, investigatory matters and in disciplinary hearings. In addition, he has handled Title IX investigations and compliance issues for NCAA and NAIA member institutions. Mr. Clifton has also worked extensively in the area of agent regulation and enforcement in professional and college sports and regularly provides counsel on issues relating to NCAA and NAIA amateurism issues and athlete eligibility questions. He has also served as an expert witness in matters involving sports agents’ work and responsibilities, as well as athlete compensation issues.

Prior to joining Jackson Lewis, he spent six years as Chief Operating Officer and Vice President of Team Sports for Gaylord Sports Management. He also served as President of the Athlete and Entertainment Division for famed sports attorney Bob Woolf’s firm, Woolf Associates, in Boston.

Mr. Clifton began his career as an Associate at Jackson Lewis where he focused his practice on traditional labor law. He continues to counsel clients in the areas of collective bargaining negotiations, representation cases, arbitrations and National Labor Relations Board matters.

Mr. Clifton frequently serves as an expert speaker to law schools, including Harvard University, Boston College, Hofstra University and Arizona State University, and bar associations regarding sports law issues, including agent regulation and salary arbitration. He is also often cited as an expert source in national news media for his commentary and opinion on legal issues in sports.