Ruling on Permanent Stay Likely to Come Early This Week

Thursday night was a big night, and not just in a draft sense. About an hour before the Carolina Panthers went on the clock with having the No. 1 overall pick, three judges from the Eighth Circuit Court of Appeals granted the NFL a temporary stay, putting the lockout back in place for a short time while the judges looked over the case before ruling on a permanent stay. A permanent stay would keep the lockout in place until the Eighth Circuit Court of Appeals has heard the case and made a ruling.

The NFLPA* is arguing for irreparable harm in the event of a permanent stay, the same reason they were against stay motions filed by the league to U.S. District Judge Susan Nelson before she ultimately denied the NFL a stay of injunction on April 26.

The League filed an 18-page brief on Monday afternoon, arguing for a stay on the injunction while both the NFL Players Association and they make their arguments in court. The League’s attorneys wrote that the league would also suffer irreparable harm if there is no stay of injunction granted.

The lack  of a stay on the injunction “would irreparably harm the NFL by undercutting its labor law rights and irreversibly scrambling the eggs of player-club transactions. Absent a stay, there will be trades, player signings, players cut under existing contracts, and a host of other changes in employment relationships,” they wrote in the brief.

Expect a ruling on the stay to come sooner rather than later. This is a huge decision on what the next month will look like for the NFL. If a permanent stay is granted, the lockout will be back on until summer and training camps could be in jeopardy absent an agreement. If they stay is denied, the new league year will begin shortly and league operations such as free agency, cuts, and trades will take place at least until the Eight Circuit Court of Appeals rules on the case.