Thread: There will be football this fall ! the two

Originally Posted by Dagan81

Now, one final question on the CBA negotiations: as I understand you to just say, the hearing in Judge Nelson's courtroom that is approaching is over the CBA. What can she do about the CBA? Didn't she say that it was up to the league and the players to essentially dictate how all of that will play out in negotiations? Or am I totally wrong and just misread what you said and the antitrust was going back to Judge Nelson? I was under the impression that the 8th Circuit Court was supposed to determine the legalities behind whether the players can sue for the antitrust issue. Now I'm all confused.

(See what happens when you're 29 years old and know very little about the American Judicial Legal System? LOL)

Judge Nelson has already done everything she cared to do regarding the CBA and the lockout. She agreed with the players that their decertification was not a sham, granted an injunction against the lockout and ordered court supervised mediation. The Appeals Court, took up the owners cause and stayed her injunction permanently. They do have certain powers that may bring a ruling that would invalidate the anti-trust suit but will they and risk even further scrutiny of their decisions which to date have been very biased in favor of the owners.

I think it's more likely that they'll allow the anti-trust suits to proceed in September and when it does it's Judge Nelson who'll here the owners pleadings. Since she could hardly be considered as friendly to the owners it's my belief that the owners do not want this back in her court room and are trying to settle the anti-trust case so that it will be withdrawn. If they agree to settle this they will want the players to recertify the union as it bargaining agent to that CBA negotiations can continue. Stay tuned to see if this gets settled before the Appeals Court issues it's ruling.

Originally Posted by soulman

Judge Nelson has already done everything she cared to do regarding the CBA and the lockout. She agreed with the players that their decertification was not a sham, granted an injunction against the lockout and ordered court supervised mediation. The Appeals Court, took up the owners cause and stayed her injunction permanently. They do have certain powers that may bring a ruling that would invalidate the anti-trust suit but will they and risk even further scrutiny of their decisions which to date have been very biased in favor of the owners.

I think it's more likely that they'll allow the anti-trust suits to proceed in September and when it does it's Judge Nelson who'll here the owners pleadings. Since she could hardly be considered as friendly to the owners it's my belief that the owners do not want this back in her court room and are trying to settle the anti-trust case so that it will be withdrawn. If they agree to settle this they will want the players to recertify the union as it bargaining agent to that CBA negotiations can continue. Stay tuned to see if this gets settled before the Appeals Court issues it's ruling.

Thanks for clearing that up. I thought I had it right in my head, but then I read what you said up above and it confused me.

Originally Posted by dabears54

and anythign nelson rules, gets immediately sent on appeal to st louis again, and back with the Pro owner judges, so from a long term standpoint, judge nelson is irrelevant

but in any vasehop we never see sept and court anyway and talking not about judge nelson, but how we destroyed the falcons opening weekend and how great our "O" looked : )

But then the ruling of the 3 man Appeals Court can be appealed to the full 8 man Appeals Court and the if necessary to the Supreme Court all of which will take some time. It's inconceiveable to me that either party would let it go on and on and ruin the sport forever. I think the real point is that the owners fear the anti-trust suit and the fact that they will compelled to air their dirty laundry in court. They do not want that issue brought to trial so we look to settle that lawsuit out of court which is exactly what they're doing right now.

Originally Posted by dabears54

actually the whole appeals court had to rule in your favor to even be sent to supreme or it dies there FWIW

Not sure I understand what you're saying here. If the Appeals Court rules in your favor that would be it. You won so there would be no need to appeal any further.

Originally Posted by dabears54

actually the full panel doesn't rule in your favor soul- they just rule if have vaid appeal from from your loss to the 3 judge's.. and if they rule against you, you can't go to the supreme court.. if they rule in your favor, its doesn't "overturn" the 3 judge panel, just allows you to appel to the Supreme court, whee again they may or may not hear the case.. its really really hard to get there

Gotcha, and then the Supremes have to agree to hear the case of which there is no guarantee. Despite that the owners do not want to see that anti-trust case going to trial even if there was a chance that Judge Nelson's ruling may be overturned. There are too many things they prefer to leave behind closed doors.