Poked around but couldn't find the text of the case.
Did find this though:
Quote:
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.”
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NFLPA's Collusion Case Kept Alive by Eighth Circuit | Law.com
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. [i.e. - the NFLPA can appeal a decision to dismiss the case because the matter is over at that point. A denial of an MTD, however, allows the case to proceed to discovery, summary judgment or trial. The NFL cannot take an appeal of any of the intermediary adverse decisions until a
final adverse verdict/ruling disposing of the case entirely is rendered against it at the trial court level.]