Quote:
Originally Posted by Daseal
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
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