Court Cancels Mediation, Settlement Negotiations Continue

A different "insider" that posts on the cowboys board has insinuated that DSmith was very stubborn at the mediation by Cohen, and that Cohen was upset by his behavior. I am just wondering if you heard any inkling of that SS? I certainly can't verify it, so I am not saying its true, but the guy is usually reputable.

I stopped reading right there.

~Shakes head and walks away.

I stopped reading right there.

~Shakes head and walks away.

Say it as you want, but if SS says something, I give a lot of credence to his words because of his knowledge etc. This guy has some similar connections, and rarely throws out stuff when not confident.

Say it as you want, but if SS says something, I give a lot of credence to his words because of his knowledge etc. This guy has some similar connections, and rarely throws out stuff when not confident.

Just bustin your chops. But seriously, what are you doing on a Cowboys forum!


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Following adbrandt on twitter at ESPN ... looks like 8th Circuit holding true to form.

@adbrandt As the questioning was more strident towards Owners with Judge Nelson, the converse is true here today.

@adbrandt Judge Colloton says N-L Act could work towards future damages but implies could prevent injunction.

@adbrandt Two judges who sided with Owners in stays asking many questions to Olson [NFLPA's Attorney]. Judge Bye who ruled for Players has not said a word.

@adbrandt Judge Colloton wants to get to whether this is a labor dispute or not. Olson sticking with antitrust arguments.

A different "insider" that posts on the cowboys board has insinuated that DSmith was very stubborn at the mediation by Cohen, and that Cohen was upset by his behavior. I am just wondering if you heard any inkling of that SS? I certainly can't verify it, so I am not saying its true, but the guy is usually reputable.

That he's stubborn? Sure, I don't think there's much doubt about that. Doesn't mean he and Goodell (who is also stubborn) can't be and aren't cordial toward each other in private.

Just bustin your chops. But seriously, what are you doing on a Cowboys forum!


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Honestly, as football comments go, they tend to get WAAAYYY overboard on how great they are etc, but they have several lawyers who have gone back and forth on this lockout/lawsuit, and it has really been interesting conversations, especially given the minimal amount of football related stuff going on.


anyone else think if they put the court hearing today on as an hour special, it would get good ratings? sounds like some real banter going on.

I liked what Robert Kraft said in regard to lawyers being deal breakers rather than deal makers. Sums up my feelings too and I wouldn't tune in if the hearing today was televised.

Updating:

@adbrandt Olson getting peppered about collapse of bargaining leading to decertification. "sufficiently distant in time" key phrase for Judges.

@adbrandt Olson: "Period of protection from labor laws is over!" Not sure two judges agree.

@adbrandt Olson brings up the TV case before Doty, word "unconscionable" thrown in.

@adbrandt Olson in last few minutes hammering home point of union being entitled to decertify. The union is dead. Antitrust law should apply.

@adbrandt Clement up for rebuttal. Back to issue of length of labor exemption to 6 mths minimum.

@adbrandt Clement harping on multiple mentions in N-L Act of "labor dispute." it protects employers as it does employees.

@adbrandt Citing major cases that lockouts covered by N-L Act. Amenable to a hearing to see if decertification was valid.

@adbrandt Concluding remarks [I think Brandt means the Court's concluding remarks - not sure] : render decision in "due course." won't be hurt if they "settle the case" good comment!!

@adbrandt Judge Bye concludes that parties should negotiate as a ruling will be something neither side will like. Hope it spurs more directed talks.

Interesting final comment by Judge Bye.

I think the final comment sums up why both sides have started settlement talks. The writing is on the wall, get a deal done now.

I liked what Robert Kraft said in regard to lawyers being deal breakers rather than deal makers. Sums up my feelings too and I wouldn't tune in if the hearing today was televised.

I dunno. I know that is a perception but the best lawyers I have worked with are tough litagators who "know when to hold'em and know when to fold'em". Not all attorneys negotiate through the media and speak in hyperbole - only the bad ones. A good attorney knows how accurately assesses the cost/benefits so that a reasonable client can intelligently decide the best course to pursue.

As to the Court hearing, I would have loved to have seen it. Appellant arguments are the two minute drills of law. If your written brief hasn't persuaded the court, it's hard to win your case based on the oral arguments, but it's easy to lose it. Given the caliber of judges (generally) on the Federal bench, the type of questions being thrown out and the time constraints, you really need to be intellectually athletic to respond concisely, articulately and knowledeably - particularly when each side has some good law to back them up.