Archive for April, 2011
TO: NFL PLAYERS AND AGENTS
FROM: JAMES QUINN & JEFFREY KESSLER (CLASS COUNSEL)
CC: DEMAURICE SMITH, NFLPA EXECUTIVE COMMITTEE, NFLPA BOARD OF DIRECTORS
RE: ORDER DENYING STAY
Last night, Judge Nelson issued a 20 page decision denying the NFL’s request to stay (delay) the injunction she issued on Monday in the Brady v. NFL litigation that the NFL must stop the lockout. The decision denying the stay is once again very strong, and rejected all of the NFL’s arguments. Accordingly, the order ending the lockout is in full, immediate force.
The NFL has filed for an emergency stay with the Eighth Circuit Court of Appeals, while the Eighth Circuit considers the NFL’s stay request. Unless and until such a request is granted, however, we believe the 2011 League Year now has to begin; the Clubs must open their facilities to allow players to work out, meet with coaches and otherwise perform their jobs; and the NFL and the Clubs cannot collectively continue to refuse to deal with players. It is our view that the NFL and the Clubs will be in contempt of court if they do not comply with the order unless and until they hear differently from the Eighth Circuit. We will let you know later today what the NFL is going to do to comply with this order, and what the specific schedule will be going forward.
In Wednesday’s Washington Post, sports columnist Sally Jenkins writes that NFL owners simply “don’t get it.” Jenkins points out that it was the owners who “picked a financial fight with their players” and calls out the owners for having “no right to lock out the players.”
Further, Jenkins writes that “arrogance” displayed by owners in recent weeks and months, coupled with their repeat violations of antitrust law, have created a self-belief that they simply could not lose in the court system.
That sense, according to Jenkins, became clearly false after Monday’s ruling by Judge Susan Richard Nelson.
Jenkins equates actions by owners to opening Pandora’s Box–and they weren’t prepared for what came out of it. She again suggests owners would be wise to treat players “as what they are, essential partners without whom there would be no game on the field.”
Read Jenkins’ full column in The Washington Post here.
After the NFL Lockout was lifted Monday night, players attempted to return to their teams facilities on Tuesday only to be met with unusual circumstances. Although treated with respect as they returned to their workplaces, the players were met with a letter that prevented them from working out or receiving treatment. Here’s a recap of Twitter activity outlining some of the instances the players experienced:
Check out NFLPA Executive Director DeMaurice Smith’s comments on ESPN’s NFL Live here:
Re: Brady, et al. v. NFL
We are class counsel along with Dewey LeBoeuf on behalf of the 10 named plaintiffs in the Brady lawsuit as well as the 1800 members of the soon to be Brady class. We are pleased with the ruling granting the plaintiffs preliminary injunction to lift the NFL owners’ illegal lockout issued this afternoon by Judge Susan Richard Nelson. We believe that this 89-page well-reasoned decision is totally consistent with prior precedent, governing caselaw as well as administrative rulings on all the issues raised by the NFL Defendants. We are confident that this ruling will withstand any appeals.
De Smith, co-class counsel and Executive Director of the NFLPA said; “I’m happy for our players and for our fans. Today, those who love football are the winners.”
In addition, plaintiff Osi Umenyiora stated: “Today’s ruling is a win for the players and for the fans that want to see a full NFL season in 2011. The lockout is bad for everyone and players will continue to fight it. We hope that this will bring us one step closer to playing the game we love.”
- James W. Quinn, Class Counsel
Read in full the ruling from United States District Judge Susan Richard Nelson here.
Draft week is here! For all of the NYC NFL fans, the NFLPA is hosting a Tweetup tomorrow night. Followers of @NFLLockout, @NFLPA, @DeSmithNFLPA, @GeorgeAtallah and @Mark_Ingram22 (and frankly, anyone who wants to come) will be gathering to talk football, the draft, and whatever else. See you there!
Here’s the full details:
What: NFLPA Rookie Debut Tweetup
Where: New York City, NY – 40/40 Club, 6 West 25th Street
New York, NY 10010
Who: NFL Draft RB prospect Mark Ingram, NYJ Fullback Tony Richardson & NFLPA’s George Atallah
Time: 5:30 p.m. – 7:00 p.m.
NFL Lockout Petition
- BOSTON GLOBE | Game day jitters
- KANSAS CITY STAR | Christian Okoye: Don’t deny the fans football
- NBC SPORTS | Goodell tells fans lockout is for them, too
- INDYSTAR | NFL considering 8-game regular season if lockout lingers?
- ESPN | Faces of lockout: Jets' seafood star
- INDY STAR - Held in limbo by NFL owners' fight for more money
- YAHOO SPORTS! - Undrafted players left just waiting around
- BUFFALO NEWS | NFL should end lockout while negotiations continue
- YAHOO! SPORTS | Players’ battle with owners not a lost cause
- FORBES | NFLPA Memo Details Chronology Of CBA Negotiations Over Past Four Years
- BOSTON HERALD | Poll: Owners ones to blame
- CHICAGO BREAKING SPORTS | Lance Briggs on workout bonus, lockout
- SPORTS ILLUSTRATED | Doty Leaves NFL, Players Waiting for Awarding of Damages in TV Case
- SEATTLE TIMES | Owners' greed is at the heart of the NFL lockout
- WASHINGTON POST | NFL owners are wrong, and don’t get it
- Associated Press | Return of lockout punctuates wild week in NFL
- USA TODAY | Scott Fujita: Credit DeMaurice Smith for helping to save NFL in 2011
- JOE POSNANSKI | Goodell to the Last Drop
- USA TODAY | Tom Brady: Putting name on suit is being 'part of the solution'
- ESPN | Judge's NFL lockout rulings: impressive
- YAHOO! SPORTS | Personalized training valuable during lockout
- CHRON | The most painful NFL labor update you will ever see
- NATIONAL FOOTBALL POST | NFLPA reacts to NFL Press Release
- WASHINGTON POST | For the lucky 32, the NFL is a league of their own
- CHARLOTTE OBSERVER | NFL lockout would be a home-field disadvantage
- ESPN | Federal judge rules NFL violated deal
- SPORTS ILLUSTRATED | Federal judge sides with players union in TV revenue dispute
- WASHINGTON POST | NFL owners should open their books to players
- SPORTS ILLUSTRATED | Ruling in TV revenues hearing may hold key to NFL labor dispute
- BOSTON HERALD | Fab Four of agents come out in support of DeMaurice Smith and players union
- BOSTON HERALD | NFL owner’s scorn bodes ill
- HUFFINGTON POST | NFL Lockout Would Slash Small Business Profits
- WASHINGTON POST | After a bloated Super Bowl in Dallas, it's time to rein in big game
- NEW YORK TIMES | What’s at Stake in the N.F.L. Labor Talks
- NEW YORK TIMES | For N.F.L., Lockout Would Be a Risky Strategy
- AMERICAN RIGHTS AT WORK | It all started with clean socks and jocks
- ESQUIRE | The NFL Lockout's Health-Care Data, Revealed
- TIME | Game Over: Should the NFL Show Players the Money?
- NFL PLAYERS ASSOCIATION | Top 10 CBA Articles During Super Bowl Week
- Forbes | More Numbers Show Labor Issue in NFL Far From Cut and Dry
- SB Nation | NFL Lockout Awareness At Center Of NFLPA's 'Let Us Play' Campaign
- Fox Business News on NFLPA Capitol Hill Day (1-19-11)
- Sports Business Digest | The NFLPA gets fans involved with #LETUSPLAY Day
- Awful: Roger Goodell Asks Fans to Side Against NFL Players
- Rep Shaun O'Hara prepares for lockout
- NFL Players Whistle Goldman in Labor Dispute
- The scorched earth of an NFL-less life
- Union: Talks have sense of urgency
- Why Did CBS Cut Jerry Jones' 60 Minutes Comments on the NFL Lockout?
- Reporter’s Notebook: Legislators home in on NFL-players labor skirmish
- CBS News (60 Minutes) | Jerry Jones: Will There Be an NFL Lockout?
- CBS News (60 Minutes) | Jerry Jones: Will There Be an NFL Lockout?
- The Columbus Dispatch | Gov. Strickland Asks NFL, Players to Strike a Deal
- Philadelphia Daily | News Disposable NFL players deserve their income
- ESPN | NFL, Players Can’t Agree On Impact
- Business Insider | Players Union Uses NFL's Own Numbers Against It in Labor Fight
- FanHouse | NFL Issues Ticket-Refund Policy in Case of 2011 Lockout
- WLUK-TV, FOX 11, Green Bay: NFLPA Reaches out to Political Leaders
- ArrowheadPride.com, Kansas City: NFLPA Sends Letters To Gov. Nixon, Mayor Funkhouser Regarding NFL Lockout
- Pittsburgh Post Gazette: NFL union: City revenue may shrink
- POLITICO: NFL union warns cities, states of lockout
- NFLPA's George Atallah on 106.7 the Fan Sports Junkies
- MSNBC l The Number One Problem Is The Books Are Closed
- USA TODAY l Kevin Mawae's Last NFL Fight: Keeping Players United in Labor
- WASHINGTON POST l Players Waging Battle Against Lockout Island
- STAR TRIBUNE l NFLPA Head: A Lockout Of This Game Is A Lockout Of America
- ESPN l Union: Health Care Would Stop In March
- CHARLOTTE OBSERVER l Panthers’ Kasay Gears Up For Possible Lockout