Tag:NFL Lawsuit
Posted on: March 12, 2011 4:15 pm

NFL hires big legal guns for antitrust battle

Posted by Will Brinson

A large contingent of NFL players filed suit against the NFL on Friday afternoon, and the NFL has responded by hiring a pair of pretty big legal guns -- David Boies and Paul Clement -- to represent them against the players in the antitrust case.

Clement was the 43rd Solicitor General for the United States from 2005 until 2008 and worked in the Solicitor General's office for seven years. In that time, he argued more than 50 (!) cases in front of the Supreme Court.

Boies represented this fella named Al Gore back in 2000, in a little case (Bush v. Gore) that involved some votes in Florida and had a little to do with who ended up being the 43rd President of the United States of America. That netted him Time's "Lawyer of the Year" award in 2000, as well a runner-up spot in their "Person of the Year" award that year.

Boies also recently scored a $1.3 billion verdict for Oracle, is in the middle of a Constitutional case on same-sex marriages and is on the team of attorneys that's representing Jamie McCourt (wife of Dodgers' owner Frank McCourt) in her divorce proceedings. In short, he's one of the most famous lawyers in the country.

Those two will join Gregg Levy, the NFL's primary outside counsel for over a decade, in representing the NFL against a slew of really famous players.

There is a strong chance you will be seeing their names on a large number of documents filed in Minnesota District Court over the coming months.

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Posted on: March 12, 2011 2:30 pm

Players filed lockout injunction against NFL

Posted by Will Brinson

It might be Saturday, but the public relations machine for both the NFL owners and the trade association formerly known as the NFLPA is in full swing. And so is the legal maneuvering, as the players have already filed an injunction to prevent the NFL from locking them out.

CBSSports.com has obtained a copy of the "Motion for Preliminary Injunction" filed by plaintiffs Tom Brady, et al, and the basis is pretty simple: the plaintiffs/players want to stop a lockout before it happens.

Of course, the lockout happened anyway, because the NFL feels it's within legal rights to lock out the players. (The NFL feels this way because it believes that the NFLPA's decision to decertify was a "sham.")

The players' claim is that "a group boycott and price-fixing agreement" amongst the 32 NFL teams (aka a "lockout") violates the Sherman Antitrust Act in that it results in the "restraint of trade or commerce among the several States."

That means some time next week, a clerk in the Minnesota District Court will likely schedule a hearing (likely in front of Judge David Doty) to determine whether or not to grant the players' injunction.
NFL Labor

If Doty grants the injunction, the lockout will be lifted and we'll be en route to having football in 2011. However, the NFL, if they lose, is all but guaranteed to appeal, so there's no need to get too excited. If the NFL wins in front of Doty, the players are also all but guaranteed to appeal.

But that's all got to play out in the courts. In the meantime, we're sure to hear plenty of rhetoric from both sides about who's fault it is that we're even discussing a court case involving football. But the fact that a) the players prepared this motion in the first place and b) they did in fact need it because the NFL locked them out should remind everyone that this process isn't completely unexpected in the least by either party.

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