The NFL owners’115-day lockout of its players is legal, the Eighth Circuit Court of Appeals has held, overturning U.S. District Court Judge Susan Nelson’s April 25th ruling in Minneapolis.

The Court issued its decision as the NFL and the legal representatives of the locked out players continue negotiations in hopes of reaching a new collective bargaining agreement in time to begin the scheduled start of training camps for the 2011 season. The timing of the decision surprised both the NFL and the players. Both sides believed the Court would hold its opinion in abeyance until after the parties either reached agreement on a new contract or declared they had reached an impasse.

The Eighth Circuit ruling is a clear, but limited, victory for the owners.  While the Court ruled on the legality of the NFL lockout, it did not address any specifics of the pending anti-trust lawsuit filed by current and former players, including Tom Brady, Peyton Manning and Carl Eller.

The Court’s concluded that since Judge Nelson’s preliminary injunction did not conform with the provisions of the Norris-LaGuardia Act, and therefore was improperly issued, it did not have to rule on other points raised by the NFL in its appeal. The Court stated, “We express no view on whether the League’s nonstatutory labor exemption from the antitrust laws continues after the union’s disclaimer. The parties agree that the Act’s restrictions on equitable relief are not necessarily coextensive with the substantive rules of antitrust law, and we reach our decision on that understanding.”

The NFL and NFLPA released a joint statement following the ruling indicating their intent to continue negotiations notwithstanding the Court’s ruling:

While we respect the court’s decision, today’s ruling does not change our mutual recognition that this matter must be resolved through negotiation. We are committed to our current discussions and reaching a fair agreement that will benefit all parties for years to come, and allow for a full 2011 season.

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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.