No decision on NFL lockout injunction

NFL lawyer David Boies speaks to the media following a hearing at the U.S. Courthouse in Saint Paul, Minn. (Apr. 6, 2011) Credit: Getty Images
ST. PAUL, Minn. -- Anyone hoping for a speedy end to the NFL's nearly monthlong lockout had better be prepared to wait a while longer.
After Wednesday's five-hour hearing on a preliminary injunction to lift the lockout by several current and former players suing the NFL on antitrust grounds, Judge Susan Nelson said she will rule "in a couple weeks" whether to grant the request.
Regardless of how Nelson rules, the case is expected to be appealed to the Eighth Circuit, which means a final ruling may not come until June.
Nelson extended an invitation for both sides to continue discussions under her auspices between now and her ruling, although it appears unlikely there would be more talks before her ruling.
Nelson suggested that the two sides resume federally mediated talks during her period of deliberation, although she did not order it.
"It seems to me both sides are at risk and this is a very good time for you to come back to the table," she said.
Afterward, both sides offered conflicting versions of how they interpreted Nelson's offer.
Nelson heard arguments from player attorneys Jim Quinn and Michael Hausfeld, as well as NFL attorney David Boies, a prominent antitrust litigator who has been involved in some of the biggest cases in recent years, including United States v. Microsoft.
Quinn contended the lockout should be lifted because the players were suffering "irreparable harm" by not being able to sign contracts and train for the 2011 season at team-owned facilities. He also said that since the NFL Players Association decertified on March 11 and was no longer a union, the NFL couldn't impose a lockout, which can only be used when a union exists in a collective bargaining relationship with owners.
"We've done what we're allowed to do under the law," Quinn said of the decertification process. "We need to get this lockout lifted as quickly as possible and get these players back playing."
The players, who include quarterbacks Tom Brady, Peyton Manning and Drew Brees, as well as Giants defensive end Osi Umenyiora and six others, want the league's lockout, which began March 12, to end and the NFL to resume operations. Also joining the lawsuit were retired players Carl Eller of the Vikings and Priest Holmes of the Chiefs, who had filed a separate lawsuit claiming the lockout was illegal.
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