Lockout lifted, NFL files for stay

As almost every NFL fan now knows, Judge Nelson ordered the owners to lift the lockout (basically this was based on the players suffering more harm than the league).

The NFL has now filed a 15 page document seeking a stay of the order pending an appeal.

The league is arguing that it will suffer irreparable damage if forced to continue business whilst an appeal proceeds (this obviously means the league plans to lodge an appeal, so hang on folks all is not finished by a long shot). Based on Nelson’s original ruling of damages, then the league is at a disadvantage straight off the bat.

In essence the NFL is pushing that if an appeal is successful and the lockout starts again after business has resumed, then things will be a lot worse than if the lockout continues but the appeal is rejected (unless Judge Nelson expected this and the NFL shows a lockout is best with evidence that sways her to throw the appeal out anyway).

I tend to agree with the league that if the lockout starts, stops, then starts again things will be a lot harder. I reckon that if that happens we might not see football in 2011/2012 at all, as both sides’ backs will be up, and dealing with each other will be like asking Roy Keane and Alfie Haaland to kiss and make up.

The league articulated 4 factors in their brief that Nelson will likely be guided by and will base her decision on:

1. Whether the applicant of the stay makes strong showings he is likely to succeed on the merits.

2. The applicant will be (as the league says) damaged beyond repair if there is not a stay.

3. Will the other parties be injured significantly if a stay is issued.

4. Public interest.

Based on Judge Nelson’s original ruling I can’t see how she could rule in favour of the league now, after basically ruling against them on the same merits.

It could be the appeals court that issues the stay in the end. It will be their decision ultimately if the lockout will continue. Even if the stay isn’t ordered. If that happens we will see the shut, open, shut for business nonsense commence.

I fear that would be the ultimate irreparable damage both parties are talking about.

The best thing now for football is for the courts (all of them) to side with the players, otherwise, I reckon we’re done for this coming season. At least we’ll get free agency and the draft, trades etc.

Article courtesy of J_Dogg