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Blog Entry

Players ask for $1B bond if Nelson grants stay

Posted on: April 27, 2011 10:02 am
Edited on: April 27, 2011 1:51 pm
 
Posted by Will Brinson

The plaintiffs in Brady v. NFL have filed their response (CBSSports.com has obtained a copy) to the NFL's request for a stay from Judge Nelson, and it's pretty spicy. They're asking for -- if Judge Nelson grants the stay the NFL requests -- a $1 billion bond.

Yes, that's "billion" with a "b."

The thinking on that large sum of money, based on the players' response, is thus: it's one-quarter of what the players' received in compensation during the 2010 season, and it's the baseline guesstimate for what sort of "irreparable damages" would be done if the stay was granted and lasted through the time it will take for the league to appeal.

What makes their request pretty interesting, is whether or not the NFL would pay $1 billion to the players (likely in some sort of trust account, I presume) in order to get the stay they want.

Part and parcel of the NFL's legal request for a stay involves the fact that they currently must either a) impose old rules or b) allow chaos to reign. The problem with (a) is that, according to the league, they risk violating anti-trust laws (they do). The problem with (b) is "unrestricted free agency."
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The players' attorneys point out in their response that any "alleged predicament is of their own making" and that it's entirely possible for the NFL to "implement a new player system that does not violate antitrust laws."

Based on the various responses to Judge Nelson's original ruling, and her tendency thus far to lean, legally, towards the players, it seems unlikely that she will grant the NFL a stay. That's not because she "favors the players," but as the plaintiffs' response points out, if she rules in favor of the NFL's stay, she's essentially leaning against her own ruling that she issued on Monday when lifting the lockout.

Such a backtrack within a week doesn't seem like Nelson's style.

UPDATE 1:51 p.m. EST: Judy Batista of the New York Times reports that the NFL has written a letter to Judge Nelson asking for an opportunity to respond in writing to players' request for NFL to post $1 billion bond if stay issued.

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Comments

Since: Dec 2, 2011
Posted on: January 9, 2012 1:16 am
 

Players ask for $1B bond if Nelson grants stay

Productive pretty important guidance, somewhat a handful of thanks a lot as well as the playwright. Its definitely baffling opinion these days, truly, our strength and value has been mind-boggling.


fghdfre
Since: Dec 2, 2011
Posted on: January 3, 2012 1:28 pm
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hgtrerte
Since: Dec 2, 2011
Posted on: December 7, 2011 2:41 am
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tomlye
Since: Nov 28, 2011
Posted on: December 1, 2011 11:18 pm
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Since: May 28, 2009
Posted on: April 27, 2011 8:42 pm
 

Players ask for $1B bond if Nelson grants stay

The NFL is enjoying unprecedented success.  After a second consecutive legal defeat, the owners are now trying to convince the world that the players deserve a monumental pay cut.  So Roger Goddell freely makes wild claims in WSJ, that he knows bootlicking idiots looking to fill the reality-starved vacuum between their ears with new arrangements of words to vomit will gleefully gobble down, because the intricasies of the offers and counter offers between the NFL and the (former) NFLPA are not available to the public. 

 Professional athletes are in the position that every working adult should be in--able to play an active role in their own futures.  The rights guaranteeing the work conditions Americans now enjoy, we all owe to processes such as this.  So for all you Winston Smiths out there, do real Americans a HUGE favor: stop waiting for your bullet and go out and get one.



Since: Aug 29, 2006
Posted on: April 27, 2011 2:17 pm
 

Players ask for $1B bond if Nelson grants stay

bannedfromNY your a tard man. Why do you blame the owners for wanting money for what they created. Sure they had an agreement and that is the issue is that they are trying to negotiate a new one. If it wasn't for the insane money they paid to start these teams and the what it takes to run one these players wouldn't have football jobs in the first place. The players over inflated salaries are a huge chunk of the issue. Maybe as tax payers we wouldnt have to pay for stadiums if the players didnt need 5 houses, 5 cars, and 5 lawyers, 5 alimony payments, and 5 child support payments. I mean come on it costs $60+ million to sign a no.1 overall pick thats 10-25% of what a franchise costs. Thats insane. The owners should knock out the profit share but there should be a lifetime medical and retirement package thats worked into their salaries as well as additional pay for anything sold with their last name on it.



Since: Aug 29, 2006
Posted on: April 27, 2011 2:05 pm
 

Players ask for $1B bond if Nelson grants stay

Monopoly? How so? There is the NBA,NHL, MLB, UFC, MLS, and others how is it a monopoly? If your referring to the fact its the only football league its not like they buy out the competition we as fans just dont give other leagues a chance. This is stupid if the players don't like the company they work for go get another job its as simple as that. The fact the NFL has to deal with this is rediculious. Be grateful for the over paid job you have and move on. If not go get up sub 7 figure job like the rest of us. The real problem is the colleges that feed these kids whatever they want so when they get in the real world they feel a sense of over entitlement. The NFL should break up and reform under a different name and not allow so much power to their employees. This whole situation is a joke.



Since: Dec 10, 2006
Posted on: April 27, 2011 1:41 pm
 

Players ask for $1B bond if Nelson grants stay

SO do we next ask Best Buy to show us everything before we buy our computer... Or IBM to show us the receipts for their execs before they can sell us a computer?


I don't get your analogy at all.  The players aren't buying anything from the NFL, in this situation anyways.  But that is one of the benefits of a union man.  The owners don't just get to tell you to take a pay cut.  You forget the NFL is a legalized monoply.  So the NFLPA should have more leeway.  Its a profession with no competition.  So the union or trade association can request to see the books to prove that the owners are losing money.  Its part of the benefits of collective bargaining.  Which is why it was such a hot button issue in WI a few weeks ago.  It gives the workers rights and forces owners to look out for their employees instead of just themselves. The owners know they aren't losing money and this isn't even about the players.  Its about the owners from the big markets not wanting to share revenue with the smaller market teams.  So whats the easiest thing to attack, instead of each other, the player's salary.  This is most likely why the Judge ruled in favor of the players.  The owners can't prove that they couldn't operate under the old CBA so they have no legal right to lock the players out.  They can still negogiate a new deal but they can't lock the players out, I'd be surprised if they win their appeal.

This all seems so usual because republicans and owners have done a good job in getting rid of unions in this country.  They are still trying to 'weed' out the last reminants today.  But there is nothing 'special' about what the players' trade association/union is doing.  They are just following the rules given to them that allow the NFL to exist as it is today.  Free Agency restrictions, the NFL Draft, and several other instruments the NFL uses to conduct their business are illegal.  Thats why you hear Goodell talk about 'people attacking the sport'.  But there are reasons why those things are under attack.  The union isn't trying to change those things its just the reality of the matter, if the owners can't win in court they will either have to come to a deal that the players will agree with or completely change how the NFL operates.



Since: Aug 19, 2006
Posted on: April 27, 2011 12:55 pm
 

Players ask for $1B bond if Nelson grants stay

SO do we next ask Best Buy to show us everything before we buy our computer... Or IBM to show us the receipts for their execs before they can sell us a computer?  Absolutely ridiculous. The owners have already shown or offered to show the same information that public companies are required to show.  Why should they have to show more.  The players have contracts.  The contracts are still being payed.  The owners have asked for an additional 325 Mil (they scaled down from the 1B a while back).  This is profit sharing, not salary.  Ask any corporate employee if they have a say in the amount of profit sharing they see.  The answer is NO.  Why do this multimillionaires deserve more?  The owners do have the ability to close the league and start from fresh.  See how long the players would hold out if that happens.  I hate the costs and the owners profits, but it is a result of our willingness to pay.



Since: May 17, 2008
Posted on: April 27, 2011 12:51 pm
 

Players ask for $1B bond if Nelson grants stay

The players' attorneys point out in their response that any "alleged predicament is of their own making" and that it's entirely possible for the NFL to "implement a new player system that does not violate antitrust laws."

This is simply not true -- the "predicament" is caused fairly equally by the player's union "decertifying" and the lockout.  It is only the decertification of the union that makes the lockout an anti-trust violation because without collective bargaining which cannot occur without a union anything the owners do together is "collusion" and potentially an anti-trust violation.  The only "player system" that does not violate antitrust laws would be a system, essentially, with no rules because, again, anything the owners "collude" on is an antitrust violation.  So the "system" would be exactly what Goodell describes -- no draft, no max salary, no salary cap, no minimum salary, contracts guaranteed or not guaranteed on a player by player, team by team negotiation, no standarized benefits, etc....not to mention, each team would have to negotiate its own tv, radio and advertising rights and decide who it was going to play, when, and how many games, etc.


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