Updated Title: 8th Circuit Court Grants Stay, Lockout Reinstated

[over the mountain]

Originally Posted by BigHairedAristocrat

Its simple - Judge Nelson was completely wrong from a legal perspective and horribly short-sighted.

.

Typically when a party seeks a stay/injuction/protective/peace or restraining order the moving party presents it to the Court ex parte, meaning only the moving party (in this case the NFL) is present.

Typically a temporary protective order/stay/injunction is issued, notice for a hearing with all parties to be present is sent out to everyone and the final hearing is held usually a week to 10 days after the temp protective order.

So I wouldnt go thinking this is evidence that Judge Nelson is completely wrong and short sighted. This is a huge issue for America right now, there is no way in heck the 8th Circuit is not going to hear arguments on this case so we can all get to a final non-appealable decision.

The 8th circuit almost had to issue a temp order to maintain status qou until they get a chance to have a full hearing, consider arguments then give an opinion (which really will just remand this thing bakc to Judge Nelson but with instructions/directions on procedurial issues).

Its not hard at all to get a temp protective order. While the 8th circuit could have denied the temp order request and still set this in on for a full hearing, that would seem kinda odd procedurially. 'We deny the temp order b/c we find that you have not presented any evidence that you may suffer immediate irreparable harm but we are going to set this in for a full appeal anyways" just would be weird.

Its in the 8th circuit now, things are frozen until the 8th circuit can hear from the NFLPA on the issue of whether a lockout would cause immediate irreparable harm which will happen at the final protective order hearing within a week. Then we wait until there is a hearing on the actual merits of the appeal. The 8th circuit will not decide this case, it will be remanded back down to Judge Nelson with instructions imo.

Short version is = this has nothing to do with the merits of the appeal, it is a very normal ancillary step in the appellate process. We normally file 2 motions for stays, 1 in trial court and other contemporaneously with the appeal petition itself.