One of the most important events in the recent history of professional football will take place Wednesday in a Minnesota courtroom. That’s where the league and the players come together before Judge Susan Nelson, and she will hear a motion for a preliminary injunction brought by the plaintiffs in Tom Brady v. NFL.
The Patriots quarterback isn’t expected to be in the courtroom — his name is at the head of the suit because it came first alphabetically. Instead, attorneys for the players and owners will argue that the lockout, which was instituted more than three weeks ago, should be lifted because (as it was described in the suit) it is causing them “irreparable harm.”
Meanwhile, the owners are expected to state in open court that the lockout should not be lifted, and that the National Labor Relations Board must be consulted before things continue because the players negotiated in bad faith. (The owners have reportedly filed a complaint with the NLRB, which has launched an investigation into the matter.)
According to the NFL Network, many of the big names will not be in attendance on Wednesday. Commissioner Roger Goodell and general counsel Jeff Pash (the latter of whom was a lightning rod for controversy when the two sides met for negotiations last month) are not expected to be there. In addition, Brady and fellow plaintiffs Drew Brees and Peyton Manning are also reportedly not supposed to be in attendance.
Reportedly, those who will be there include NFLPA chief DeMaurice Smith and Texas A&M linebacker Von Miller — who raised some eyebrows when he agreed to be a part of the suit as a college prospect. In addition, the NFL is expected to be represented by high-profile attorneys like David Boies, Bob Batterman and Gregg Levy.
The two sides have not spoken since talks broke off March 11. Since then, the players union has decertified. (Legally, disbanding the union was necessary because a union is not allowed to sue a party with which it is collectively bargaining.) Meanwhile, both owners and players have taken shots at each other as the work stoppage — the first in the NFL since 1987 — has dragged into a third week, putting the NFL calendar on hold and threatening the 2011 regular season.
The federal courts of Minnesota have overseen the NFL’s labor cases since the 1980s, when players sued the league there for the right to free agency. In recent years, the cases have almost always been heard by U.S. District Court Judge David Doty, who has consistently ruled in favor of the players: he recently ruled that roughly $4 billion in broadcast revenue could not be used by the owners during the lockout. However, because of random judicial assignments, as well as the recusal of two other judges who cited conflicts — the case landed with Nelson.
Despite the fact that they are not facing Doty, however, it’s clear that throughout this process, the owners have no interest in spending more time in the courtroom.
“Litigation is not going to solve this problem,” Goodell said recently. “The faster we can get back to mediation, the faster we will get an agreement and the fairer it will be.”
If Nelson rules in favor of the players on Wednesday, the lockout would legally be lifted, and the two sides would be forced to return to work under the terms of the previous Collective Bargaining Agreement (until a new one is reached, presumably through a new round of negotiations). If Nelson sides with the owners — that is, she does not issue a temporary injunction — the lockout is expected to continue. If that happens, the two sides will be forced back to the bargaining table sooner rather than later if they hope to find a solution. Nelson could also delay the hearing, or order the two sides to return to mediation.
When it comes to trying to figure out how Nelson might rule, as she has little track record — according to Ron Washburn, a professor of legal studies at Bryant University, says she’s “virtually impossible to predict.”
“She has only been a federal judge for four months, so what she might do is virtually impossible to predict,” said Washburn, who teaches a class in sports law. “As a lawyer, she has been part of lawsuits against big business, including tobacco cases.”
However, don’t hold your breath expecting closure on things Wednesday. Nelson does not have to issue an immediate ruling in the case. Instead, she could take additional time to decide. And whatever ruling does come down could still be appealed at a later date. Regardless, whatever happens, Washburn said that what happens Wednesday and the ruling that follows will have a tremendous impact on not just the NFL, but professional sports as a whole.
“Any kind of ruling will set some sort of precedent,” Washburn said. “We have a similar situation coming up with the NBA, and there’s the likelihood that they are watching this very closely, and knowing that what happens will have some sort of ripple effect.”
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