The NFL owners won an appeal, likely keeping league business shut down at least until June 3.
The NFL strikes back. The league's owners received a favorable ruling Monday when the U.S. Court of Appeals for the Eighth Circuit granted a permanent stay that, in essence, keeps the lockout in place until a full appeal is heard on June 3.
Potentially more beneficial to the owners - and damaging to the players' cause - is language in the decision that questions U.S. District Judge Susan Richard Nelson's April 25 decision to lift the lockout.
The appellate court in Minneapolis temporarily stayed her ruling four days later. Monday's 2-1 verdict mirrored the initial decision by the Eighth U.S. Circuit Court, and supported the NFL's claim that it "likely will suffer some degree of irreparable harm without a stay."
NFL players have been locked out since March 12.
The two majority judges - Steven Colloton and Duane Benton - wrote that "we have serious doubts that the district court had jurisdiction to enjoin the league's lockout" and that "our view is Judge Nelson's interpretation is unlikely to prevail."
Judge Kermit Bye, in a lengthy argument, dissented in favor of the players, ruling to uphold Nelson's original ruling.
The majority opinion, however, could tip the hand of the appellate court that will hear arguments on the legality of the lockout next month.
In the meantime, the stay likely means that teams will not hold minicamps this spring and that league business will not resume until, at the earliest, early June. Free agency and player trades - such as wildly speculated moves involving Eagles backup quarterback Kevin Kolb - will continue to be put on hold.
The ruling came as both sides met for another round of negotiations - the first since April 20 - in front of U.S. Magistrate Judge Arthur Boylan. Hall of Famer Carl Eller, representing retired players in their joint antitrust lawsuit with the players, said to reporters outside the Minneapolis courthouse that they were awaiting a proposal from the owners.
"It is now time to devote all of our energy to reaching a comprehensive agreement that will improve the game for the benefit of current and retired players, teams, and, most importantly, the fans," NFL spokesman Greg Aiello said in a statement. "This litigation has taken the parties away from the negotiating table, where these issues should be resolved."
A new collective bargaining agreement is unlikely to be settled upon until after the appellate court rules, though.
"The NFL's request for a stay of the lockout that was granted today means no football," the players said in a statement.
However, the expedited ruling from the appellate court, could, more than anything, mean that there will be football in the fall. A decision for one side will tilt the scales and give either the owners or players significant leverage in negotiations.
Colloton and Benton wrote that a quick decision from the court "should minimize harm to the players during the offseason and allow the case to be resolved well before the scheduled beginning of the 2011 season."
Because Colloton and Benton were both appointed by a Republican president (George W. Bush) some have viewed the appellate court as more likely to side with a business such as the NFL than the federal courts in Minnesota. Nelson is an appointee of President Obama, a Democrat, but U.S. District Judge David S. Doty, who has long ruled in favor of the players, was appointed by President Ronald Reagan.
Bye, an appointee of Democratic President Bill Clinton, wrote in his dissenting opinion that the injunction would not limit the owners' ability to handle player transactions without a collective bargaining agreement.
"The preliminary injunction does not dictate the NFL's free agency rules, or any other conduct in general, outside of the lockout," he said. "Whatever harm may be said to befall the NFL during the pendency of the expedited appeal stands in stark contrast to the irreparable harm suffered by the players."
The NFL strikes back. The league's owners received a favorable ruling Monday when the U.S. Court of Appeals for the Eighth Circuit granted a permanent stay that, in essence, keeps the lockout in place until a full appeal is heard on June 3.
Potentially more beneficial to the owners - and damaging to the players' cause - is language in the decision that questions U.S. District Judge Susan Richard Nelson's April 25 decision to lift the lockout.
The appellate court in Minneapolis temporarily stayed her ruling four days later. Monday's 2-1 verdict mirrored the initial decision by the Eighth U.S. Circuit Court, and supported the NFL's claim that it "likely will suffer some degree of irreparable harm without a stay."
NFL players have been locked out since March 12.
The two majority judges - Steven Colloton and Duane Benton - wrote that "we have serious doubts that the district court had jurisdiction to enjoin the league's lockout" and that "our view is Judge Nelson's interpretation is unlikely to prevail."
Judge Kermit Bye, in a lengthy argument, dissented in favor of the players, ruling to uphold Nelson's original ruling.
The majority opinion, however, could tip the hand of the appellate court that will hear arguments on the legality of the lockout next month.
In the meantime, the stay likely means that teams will not hold minicamps this spring and that league business will not resume until, at the earliest, early June. Free agency and player trades - such as wildly speculated moves involving Eagles backup quarterback Kevin Kolb - will continue to be put on hold.
The ruling came as both sides met for another round of negotiations - the first since April 20 - in front of U.S. Magistrate Judge Arthur Boylan. Hall of Famer Carl Eller, representing retired players in their joint antitrust lawsuit with the players, said to reporters outside the Minneapolis courthouse that they were awaiting a proposal from the owners.
"It is now time to devote all of our energy to reaching a comprehensive agreement that will improve the game for the benefit of current and retired players, teams, and, most importantly, the fans," NFL spokesman Greg Aiello said in a statement. "This litigation has taken the parties away from the negotiating table, where these issues should be resolved."
A new collective bargaining agreement is unlikely to be settled upon until after the appellate court rules, though.
"The NFL's request for a stay of the lockout that was granted today means no football," the players said in a statement.
However, the expedited ruling from the appellate court, could, more than anything, mean that there will be football in the fall. A decision for one side will tilt the scales and give either the owners or players significant leverage in negotiations.
Colloton and Benton wrote that a quick decision from the court "should minimize harm to the players during the offseason and allow the case to be resolved well before the scheduled beginning of the 2011 season."
Because Colloton and Benton were both appointed by a Republican president (George W. Bush) some have viewed the appellate court as more likely to side with a business such as the NFL than the federal courts in Minnesota. Nelson is an appointee of President Obama, a Democrat, but U.S. District Judge David S. Doty, who has long ruled in favor of the players, was appointed by President Ronald Reagan.
Bye, an appointee of Democratic President Bill Clinton, wrote in his dissenting opinion that the injunction would not limit the owners' ability to handle player transactions without a collective bargaining agreement.
"The preliminary injunction does not dictate the NFL's free agency rules, or any other conduct in general, outside of the lockout," he said. "Whatever harm may be said to befall the NFL during the pendency of the expedited appeal stands in stark contrast to the irreparable harm suffered by the players."
