Injunction: Beginning of lockout end(By Lester Munson)

Topdawg13 · Apr 26, 2011

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What happens next?

The owners have asked for a "stay of execution" on the injunction order. A stay is simply a delay in the time the injunction takes effect. A stay in this situation would keep the lockout in effect until the owners complete an appeal of the decision Nelson made Monday. The owners' attorneys will argue Nelson should issue a stay to allow them to preserve the status quo and to appeal her decision. A stay is frequently granted in similar situations. If Nelson does not grant the stay, the owners' attorneys will ask the U.S. Court of Appeals for the Eighth Circuit to issue a stay that would continue the lockout.

Will the owners succeed in obtaining a stay that would continue the lockout?

In similar situations, the owners typically would succeed in obtaining a stay and would be allowed to continue their lockout of the players. That might not happen in this case. A quick reading of Nelson's 89-page opinion shows that the judge is concerned about the "irreparable damage" the lockout would do to NFL players. She notes with approval the sworn statements from veteran NFLPA attorney Richard Berthelsen and numerous players that players' careers are short due to the "ever-present risk of career-ending injury" and that "the loss of an entire year in a short professional athletic career cannot be recaptured and cannot be compensated by damages."

The judge also suggests in her opinion that the lockout would do so much damage to so many players that it cannot be allowed to continue. She feels strongly about the damage the lockout will do and is unlikely to issue the stay that would put the lockout back into effect. When judges of the higher court consider the possibility of a stay, they will first consider Nelson's opinion, a detailed and impressive recitation of the situation. Even though a stay is normally the next step in this process, it is far from certain the owners will obtain the stay they seek. My guess -- and I should emphasize that it's only an educated guess -- is that their demand for a stay will fall on deaf ears and the lockout will have ended with Nelson's order Monday.
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