The NFL has won another round in its ongoing battle with its League’s players.

The Eighth Circuit Court of Appeals ruled on May 16th that the NFL’s lockout of players should remain in place until a full hearing on the legality of the lockout is heard before the Court on June 3rd.

In rendering the 2-1 decision, Judges Steven Colloton and Duane Benton reaffirmed their earlier decision granting a temporary stay of U.S. District Court Judge Susan Nelson’s April 25th ruling that lifted the lockout. The Court stated that it believed “the NFL has proven it will likely suffer some degree of irreparable harm without a stay.” In addition, the opinion specifically questioned Judge Nelson’s ruling that removed the lockout, stating, “In sum, we have serious doubts that the district court had jurisdiction to enjoin the league’s lockout, and accordingly conclude that the league has made a strong showing that is likely to succeed on the merits.”

 The Court also challenged Judge Nelson’s interpretation of federal labor law stating,

“The district court reasoned that this case does not involve or grow out of a labor dispute because the players are no longer represented by a union. We have considerable doubt about this interpretation… (the Norris-LaGuardia Act) does not specify that the employees must be members of a union for this case to involve or grow out of a labor dispute.”

Meanwhile, the parties resumed negotiations with court-ordered mediator United States Magistrate Judge Arthur Boylan. Both the League and the players have been anxiously awaiting the Court’s decision as each side hopes to use the opinion as added leverage in these federally mandated negotiations.

Clearly, the Eighth Circuit ruling and the specific language used in its opinion could have a direct effect on these negotiations. The opinion certainly bodes well for the NFL as the parties prepare to return to the Eighth Circuit for the June 3rd hearing.

 

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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.