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Thread: Tweets From NFL & NFLPA Court Session Today (4/6)

  1. #1

    Tweets From NFL & NFLPA Court Session Today (4/6)

    So this could be headed back to mediation. Seems like it was on her mind. Nelson was very prepared. said this is all she's done for 2 weeks

    [URL="http://twitter.com/#!/Greg_A_Bedard/status/55693441723678720"][COLOR=#999999]1 minute ago[/COLOR][/URL]

    Nelson did, a few times early in the hearing, mention mediation and why they're not there now instead of not paying the players

    when court returns, boies will get to rebutt along with eller and then another motion needs to be discussed

    Nelson indicated the thing she's having a hard time with is a lockout being legal after a union decertification

    Most of the discussion again centered on Norris-Laguardia and primary jurisdiction. Only mention of irreparable harm came from players

    Lawyer for Eller and the former players closed with a 31 lecture (with slides!) that almost put everyone to sleep. Nelson asked no questions

    After the break, Boies spoke for 40 min and took 18 questions. Quinn gave 10 min rebuttable and there we're no questions

    Court adjorned until 2 pm (Central - MN Court)

    Globe Patriots blog: Players, NFL present arguments in court: Representatives of NFL players and owners are in co...

    And we're back. Boies still up

    Nelson said that she's been told the NLRB investigator has the complaint "on his desk"

    Amazing how much discussion there was on Norris-LaGuardia and the NLRB

    Vrabel is here. mankins and brady are not

    Of course Boies disagreed with Nelson's irreparable harm comment and would like hearing on that

    It sure seems like Nelson will have to first rule on juridiction and then maybe need another hearing on injunction - if it gets that far

    I'm no lawyer but it seemed like Boies owned the room while Quinn wasn't quite as clear in his rebuttles

    NFL counsel David Boies was up for 58 min - still up when hearing broke for court reporter - and took 23 questions from Nelson

    Jim Quinn spoke for players. Was up for 33 min and fielded 13 questions

    Only 1 mention of irreparable harm and Nelson said it "appears players
    have strong case"

    [URL]http://twitter.com/#!/Greg_A_Bedard[/URL]

  2. #2
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    I'm wondering if Vrabel brought the beers to court.

    I don't care what the issue is - I want David Boies on my side.

  3. #3
    Most impressive person so far in NFL court case: Judge Nelson. extremely detailed questions, particularly to Boies

    [URL]http://twitter.com/#!/judybattista[/URL]

  4. #4
    But mediator wouldn't be like before; it would be a judge.

    Said she's having a hard time with lockout being legal after union decertification. Wouldn't be surprised if she orders mediation

    Great job by Greg Bedard tweeting. Thought that wasn't allowed. Maybe he's in room where TV is and not actual courtroom.


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    Last edited by C Mart; 04-06-2011 at 02:50 PM.

  5. #5
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    I thought old man Doty was going to remove himself from DeMaurice Smith's pocket and handle this case?

  6. #6
    If I'm interpreting this correctly, it's good news for the players (and by extension, the fans).

    -Either she is going to rule to lift the lockout & owners will appeal to a higher court, leading to mediation during the appeal

    -Or she will order mediation or even better, binding arbitration to get a deal done.

    Either way, it doesn't seem like she will rule flat out for the owners, giving them the leverage to hold out of talks until September.

    Just my interpretation, could be wrong because Boies is a slugger

  7. #7
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    [QUOTE=C Mart;3995221]Most impressive person so far in NFL court case: Judge Nelson. extremely detailed questions, particularly to Boies

    [URL]http://twitter.com/#!/judybattista[/URL][/QUOTE]

    [IMG]http://sevensassysisters.com/wp-content/uploads/2010/07/Judd-Nelson.jpg[/IMG]

  8. #8
    Just filed story for dot-com, taped report for NFLN. So look out for that. As for now? Some points ...

    1) Nelson is clearly very well-versed in this case. Didn't want to mess with "background". Our own Gabe Feldman told me how impressed he was

    2) Supposed to be a 20-20-20-20 format ... With arguments from sides on Brady, Eller cases. 3.5 hours later, we're thru 3 of those 4 "20s".

    3) That leaves, for this afternoon, the NFL's case on Eller, then rebuttals and final remarks from Nelson.

    4) The two main subjects here: the Norris-Laguardia Act, primary jurisdiction with respect to the NLRB case. All revolved around that.

    5) Mediation did come up. Feldman thinks that's where we're headed. In what format ... who knows? But would accord to Nelson's track record.

    ... And I'm gonna get lunch and head back in. Go to NFL.com and NFL Network for more!

    [URL]http://twitter.com/#!/AlbertBreer[/URL]

  9. #9
    [QUOTE=JetPotato;3995247][IMG]http://sevensassysisters.com/wp-content/uploads/2010/07/Judd-Nelson.jpg[/IMG][/QUOTE]

    Well played! :yes:

  10. #10
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    [QUOTE=Astoria;3995242]If I'm interpreting this correctly, it's good news for the players (and by extension, the fans).

    -Either she is going to rule to lift the lockout & owners will appeal to a higher court, leading to mediation during the appeal

    -Or she will order mediation or even better, binding arbitration to get a deal done.

    Either way, it doesn't seem like she will rule flat out for the owners, giving them the leverage to hold out of talks until September.

    Just my interpretation, could be wrong because Boies is a slugger[/QUOTE]

    Just how is mediation good news for the players? That's where they were 3 weeks ago and that's what they walked out of.

    If the Judge presides over mediation - which if ordered she almost certainly will - she can just as easily find the players demands unreasonable.

    Just because the players might have the letter of the law on their side with regard to the legality of the lockout, doesn't necessarily mean they win in mediation. The Judge will not mediate an unreasonable and unfair deal towards the owners just because they would lose the lockout injunction.

  11. #11
    [QUOTE=crasherino;3995215]I'm wondering if Vrabel brought the beers to court.

    I don't care what the issue is - I want David Boies on my side.[/QUOTE]

    Amen to that brother...I remember what he did to Bill Gates on the stand in the Microsoft anit-trust case. HE IS BRILLIANT!!!

  12. #12
    After break, NFL attorney David Boies told Judge Nelson she simply doesn't have the authority to issue an injunction to stop lockout ...

    Boies cited Norris-LaGuardia act saying: "No court shall have the jurisdiction to issue a restraining or temporary or permanent junction ...

    ... in any case involving or growing out of a labor dispute." (End Boies statement)

    [URL]http://twitter.com/#!/usatoday_nfl[/URL]

  13. #13
    [QUOTE=C Mart;3995271]After break, NFL attorney David Boies told Judge Nelson she simply doesn't have the authority to issue an injunction to stop lockout ...

    Boies cited Norris-LaGuardia act saying: "No court shall have the jurisdiction to issue a restraining or temporary or permanent junction ...

    ... in any case involving or growing out of a labor dispute." (End Boies statement)

    [URL]http://twitter.com/#!/usatoday_nfl[/URL][/QUOTE]

    Boies is a master of the application of precedent...this judge better bring her "A" game or she could be embarrassed.

  14. #14
    [QUOTE=jetlifer;3995276]Boies is a master of the application of precedent...this judge better bring her "A" game or she could be embarrassed.[/QUOTE]

    David Boies is so good he could talk a horse out of eating hay. But this judge seems pretty set on siding w/the players.

    The NFL is getting slammed today by the judge. Even still, I'm in awe from watching David Boies be as good as he is.


    [URL]http://twitter.com/#!/darrenrovell[/URL]

  15. #15
    From court: Judge Nelson cast doubt on the NFL's argument that the players' decertification as a union is a sham or negotiating ploy ...

    ... "These folks can disclaim if they want, can't they," Nelson said. "It's a big risk on their part. They risk a lot by doing it." ..

    ... Nelson also said there are potential consequences if she declines to issue an injunction stopping the lockout. ...

    ... "You would be free to lock them out forevermore," Nelson said. "It could be years from now." Complete wrapup: [URL="http://bit.ly/evV6ZR"][COLOR=#2d76b9]http://bit.ly/evV6ZR[/COLOR][/URL]

    [URL]http://twitter.com/#!/usatoday_nfl[/URL]

  16. #16
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    [QUOTE=IndianaJet;3995258]Just how is mediation good news for the players? That's where they were 3 weeks ago and that's what they walked out of.

    If the Judge presides over mediation - which if ordered she almost certainly will - she can just as easily find the players demands unreasonable.

    Just because the players might have the letter of the law on their side with regard to the legality of the lockout, doesn't necessarily mean they win in mediation. The Judge will not mediate an unreasonable and unfair deal towards the owners just because they would lose the lockout injunction.[/QUOTE]

    First of all, nobody can "win" a mediation. In a mediation, the two parties sit down with an independant party who "mediates" the dispute between the parties and helps them reach an agreement. In a mediation, neither party can be ordered to settle by anyone.

    Typically, but not always, a judge does not serve as the mediator. Why? Because most mediations involve the parties giving the mediator and/or he other party confidential information. If the judge serves as the mediator, it could compromise his/her ability to later rule on the case. If this matter goes back to mediation, it is likely the mediator will be (1) the current mediator b/c he is up to speed on the case, (2) a magistrate judge or (3) a private mediator/referee appointed by the judge or agreed to by the parties.

    As for people who wonder why mediation might work now when it didn't in the past? If the judge signals she is going to rule for/against one party, it gives the other party a lot of leverage to use in the mediation.

    For example, she could tell the parties:
    1. I am inclined to rule the lockout is illegal;
    2. I want the parties to mediate the issue of remedy;
    3. If the parties don't reach an agreement by INSERT DATE, I will hold a hearing to determine the remedy.

    Under my example, the NFLPA would have a ton of leverage during the mediation.
    Last edited by Digetydog; 04-06-2011 at 04:21 PM.

  17. #17
    [B][SIZE=3]Hearing finished. [U]Nelson said she will need a couple weeks but urged both sides to use federal court to mediate[/U][/SIZE][/B]
    [B][U][SIZE=3][/SIZE][/U][/B]
    [SIZE=2]"This is a matter that should be resolved. A lot of folks are impacted."

    [/SIZE]

    [URL]http://twitter.com/#!/Greg_A_Bedard[/URL]
    Last edited by C Mart; 04-06-2011 at 04:23 PM.

  18. #18
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    [QUOTE=jetlifer;3995270]Amen to that brother...I remember what he did to Bill Gates on the stand in the Microsoft anit-trust case. HE IS BRILLIANT!!![/QUOTE]

    Boies is overrated. Just ask President, I mean former VP Gore.

  19. #19
    ... In the meantime, she advises parties to return to mediation, only this time to do it in federal court setting.

    All done here. Judge Nelson says shell take case "under advisement", that it'll likely take her "a couple weeks" to rule. ...

    [URL]http://twitter.com/#!/AlbertBreer[/URL]

  20. #20
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    [QUOTE=Digetydog;3995320]First of all, nobody can "win" a mediation. In a mediation, the two parties sit down with an independant party who "mediates" the dispute between the parties and helps them reach an agreement. In a mediation, neither party can be ordered to settle by anyone.

    Typically, but not always, a judge does not serve as the mediator. Why? Because most mediations involve the parties giving the mediator and/or he other party confidential information. If the judge serves as the mediator, it could compromise his/her ability to later rule on the case. If this matter goes back to mediation, it is likely the mediator will be (1) the current mediator b/c he is up to speed on the case, (2) a magistrate judge or (3) a private mediator/referee appointed by the judge or agreed to by the parties.

    As for people who wonder why mediation might work now when it didn't in the past? If the judge signals she is going to rule for/against one party, it gives the other party a lot of leverage to use in the mediation.

    For example, she could tell the parties:
    1. I am inclined to rule the lockout is illegal;
    2. I want the parties to mediate the issue of remedy;
    3. If the parties don't reach an agreement by INSERT DATE, I will hold a hearing to determine the remedy.

    Under my example, the NFLPA would have a ton of leverage during the mediation.[/QUOTE]


    Thanks for the lesson in mediation.....but I suppose you've never participated in a Federal Court proceeding? I have. I would refer you to L.R. 16.5 of the United States District Court of Minnesota regarding Alternative Dispute Resolution and the Court's ability to order the parties to mediate before the court.

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