lock out lifted

That's what pisses me off more than anything. We say...oh, well the NFL actually has to operate their businesses in compliance with anti trust laws. But then, the union gets to decertify, and still operate as a fuckin' union?

Ummmm.....how does that work?

 

Piper, if I read the American Needle story correctly, the Supreme Court didn't rule against the NFL. They ruled the lower court could not make a summary judgment ruling. Summary judgment says a trial isn't necessary, because the facts and the law are obvious. The Supreme Court ordered the lower court to go back and conduct a trial. And, maybe even instructed the lower court how to come to the same conclusion as before but in a way that would stand up on appeal. At least I think that's what it says. It's a pretty elliptical post if you aren't an anti-trust lawyer.

 

Courts have a tendency to beat up on the side that has the real long-term advantage. Makes them more willing to compromise. Unfortunately, it also encourages the other side. The players should take the best deal they can get from the owners right now while things are moving in their favor.

 

Sal Pal saying a stay could come (if it's coming) today. Before close of business.

Failing that, I guess the latest is doors are opening tomorrow. Playbooks can be passed out, etc.

My question: if no stay, can a team do a Player to Be Named Later deal as in MLB, in exchange for a draft pick?

 

Pretty sure the commissioner's office would not sign off on that.

 

How are they operating as a union?

10 players have filed a class action antitrust lawsuit. The players trade organization is providing material and legal support.

The player's can't file greivances. The trade org doesn't get to approve any of the rules the NFL imposes.

It sounds like the NFL may go back to the 06 rules, instead of 10. Which may be fine, since the Brady case would attack those rules in either case. Might as well fight to try and get the deal you want, if it doesn't put you at any more anti-trust risk.

>>Again, non-payroll expenses have increased dramatically since the last CBA, and it's crazy for the players not to concede that. Back when dumbass cities could be convinced to pay for stadiums, the owners were fine. They're not exactly hurting now, but they aren't taking home nearly as much as they used to, while players were making more than ever.

I agree with all of this, BTW. But I still say the owners were dumb, at least from a PR perspective, not to show this. And to take such a hard line with the lockout. They had to figure it may fail. If the competitive balance of the league does get impaired, the owners share as much, if not more, blame than the players.

 

Sorta. American Needle has not proven damages. What the NFL argued is that even everything American Needle alleged were true, that they were damaged, it didn't matter. If they are a single entity, you can't collude with yourself. The Supreme Court threw out that one concept. And again, in that case the NFL was only arguing them being a single entity in regards to merchandising.

There's a lot of different aspects to this. Right now all TV rights are controlled and marketed by the NFL as a sports league. They are acting as a single entity. The WBS could sue and say, hey, we want all the Bears games, exclusively. Or Jerry Jones could sue the league because he wants a deal like the Yankees have in baseball.

 

Yet, I in my reading of the net today, I read somewhere it's possible that they allow players to be involved in trades starting tomorrow. I guess that could help us but it's still fucked up. Or would be if it were to be true.

 

This is the one that bugs the crap out of me as well. Many members of the union neogtiating team have blatantly said that they are acting for all of the players and speak for them as a group. How can you do that unless you are a defacto union?

I would also think that there should be some sort of penalty for decertifying. I mean, the way it works now is that the union takes the credit when things are going well, but then goes away when the shit hits the fan (as a legal maneuver), then forms again when things clear.