NFLPA collusion law suit overturned by appeal (salary cap)

There are times where I feel PFT explores the lawsuit/litigation angle on stories way to often, which I guess is to be expected given that Florio is a lawyer. However when these stories do end up breaking PFT does a good job of explaining them in layman terms.

Today the 8th circuit of appeals overturned Judge Doty's decision that the NFLPA waited too long to file the collusion report and the new CBA nullified the collusion case.

I have a few questions on this result:
1) What are the chances this gets to the discovery phase forcing the NFL to release internal communication.
2) Will the teams only be able to go after financial compensation, or will the be able to fight for competitive compensation (extra cap room, draft picks, etc.)
3) The article says this goes back to Judge Doty's courtroom? Why wouldn't you bring a new judge into the equation. This wasn't a jury trial, thus Doty may have more of an agenda then a fresh judge.

Appeals court reinstates collusion case | ProFootballTalk (http://profootballtalk.nbcsports.com/2014/06/20/appeals-court-reinstates-collusion-case/)

Edit: reformatted and added a question.

1. Probably still not likely. The NFL is likely to have several other grounds on which to make a Motion to Dismiss. I haven't read the decision, but I am somewhat surprised. The waiver seemed pretty solid ground - not sure what the 8th Circuit said was the problem with it. I am betting something along the lines of bad faith nullifying it.

2. I think everybody has already addressed this. It's the NFLPA v. the teams/league/owners. No individual team gains from the NFLPA prevailing.

3. Cases remanded generally go back to the judge whose decision was appealed unless for some reason (no longer on the bench, assigned to different docket, etc.) they are not able to do so.

In addition, and if I am recalling correctly, the NFLPA is trying to invalidate the NEW CBA by saying it never should have gone into effect b/c of the collusion. To do so, they are saying that the NFL violated the OLD CBA's terms for renegotiation. So, b/c they are attacking the validity of the NEW CBA through the OLD CBA, the matter goes to Doty because he retained jurisdiction of all the disputes of the OLD CBA. It was a major negotiation win for the NFL to get him off the case in future CBA disputes.

NFL sees familiar face in collusion case: Judge Doty - NFL.com (http://www.nfl.com/news/story/0ap1000000059346/article/nfl-sees-familiar-face-in-collusion-case-judge-doty)

Poked around but couldn't find the text of the case.

Did find this though:

However, the appeals judges disagreed with Doty on this: Under a federal rule authorizing relief in exceptional cases where the party being sued disingenuously reached the settlement, the union should be allowed to argue the merit of its lawsuit despite the 2011 dismissal.

“The Association bears a heavy burden in attempting to convince the district court that the dismissal was fraudulently procured,” the judges wrote. “We hold only that the Association should be given the opportunity to meet this burden.”

NFLPA's Collusion Case Kept Alive by Eighth Circuit | Law.com (http://www.law.com/sites/associatedpress/2014/06/20/nflpas-collusion-case-kept-alive-by-eighth-circuit/#ixzz35Fn0u39J)

So, yeah, it's a bad faith argument by the NFLPA. I think the NFL is sugar coating it. Their claim it is "just procedural" is, from the above, BS. Sure, the NFLPA's burden of proof is high, but the NFL flat out lost its argument that the waiver barred this suit. Unless and until the NFL advances another legal argument that doesn't involve the waiver of claims, the NFLPA has the right to pursue discovery.

What this means procedurally is that, once the case is returned to the District Court - a process that takes anywhere from 7 -30 days normally, the NFL has 30 days to either file an Answer or make a new Motion to Dismiss ("MTD") on different grounds. The NFL won't file an Answer because that would permit the NFLPA to get discovery.

After they file a new MTD, a response will be filed (generally w/in 15 days), and, if Doty rules for the NFL, an appeal will be taken (in which case, I will be reposting this particular post in two years). If Doty rules against the MTD, the case proceeds to discovery. The NFL cannot appeal the denial of a MTD b/c the ruling would not finally dispose of the case. final adverse verdict/ruling disposing of the case entirely is rendered against it at the trial court level.]

There are times where I feel PFT explores the lawsuit/litigation angle on stories way to often, which I guess is to be expected given that Florio is a lawyer. However when these stories do end up breaking PFT does a good job of explaining them in layman terms.

Fine, I'll just leave it up them then. ;)

Love the explanation. Gracias