NFL counsel Jeff Pash spoke to reporters on a conference call Tuesday, saying that Monday's decision by Judge Susan Nelson "was not what we were looking for." But despite league losses in the courtroom, Pash remains confident in the appeals process.
"On these issues in particular, the history of appeals court rulings has been quite different than how trial courts have looked at this," he said.
Nelson ruled to enjoin the lockout, and the league filed a motion Monday evening for a stay on the injunction, pending a review by an appeals court.
Pash acknowledged that the players requested a new and different form of injunction that would provide a broader scope. It had been reported earlier the players asked Nelson to compel the owners to start the league year.
"We don't agree on all that many things, but (NFLPA lawyer) Jim Quinn said it well last night. We need the dust to settle for a day or two and see if the stay is put in place, then we'll all know more and go from there," said Pash.
When asked about what the NFL is hoping for in the appeals process, Pash referred to "core issues" like the Norris-LaGuardia Act and the Non Statutory Labor Exemption.
"On those points, appeals courts tend not to give a lot of deference to the district court's decision," he said.
On Tuesday, some players reported to team facilities. Most were told they could not work out. Pash said that he wasn't aware of any club that did not let players in, but PFW correspondent and Florida Times-Union writer Vito Stellino pointed out that a Jaguars player was not let "past the lobby."
Multiple reporters asked Pash to guess when the appeals process would conclude, and if a stay was not granted, when the league year could begin, including free-agency and trades.
"I just don't know. It's hard to speculate on what the timing would be."
Pash said that the league "would be prepared to move promptly" and would make sure the clubs "had the necessary information" if a league year were to begin. More than once, Pash said the league's "fundamental point" is to "comply with court orders."
Source: http://www.profootballweekly.com/2011/04/26/pash-confident-in-appeals-process
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