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NFL's Opposition to Players' Lockout Injunction

NFL's Opposition to Players' Lockout Injunction

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Published by FindLaw
The NFL's opposition to the NFL players' request for an injunction blocking the NFL's plans for a player "lockout".
The NFL's opposition to the NFL players' request for an injunction blocking the NFL's plans for a player "lockout".

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Published by: FindLaw on Apr 07, 2011
Copyright:Public Domain

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07/26/2011

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IN THE UNITED STATES DISTRICT COURTDISTRICT OF MINNESOTA)TOM BRADY,
et al 
., ))Plaintiffs, ) No. 0:11-cv-00639-SRN-JJG)v. ))NATIONAL FOOTBALL LEAGUE,
et al 
., ))Defendants. ))Memorandum of Lawof the National Football League and Its Member ClubsIn Opposition to Plaintiffs’ Motion for a Preliminary Injunction
 
CASE 0:11-cv-00639-SRN-JJG Document 34 Filed 03/21/11 Page 1 of 57
 
 
- i -
TABLE OF CONTENTS
TABLE OF CONTENTS ....................................................................................... iTABLE OF AUTHORITIES ............................................................................... iiiINTRODUCTION ................................................................................................ 1BACKGROUND FACTS ...................................................................................... 4I. The Norris-LaGuardia Act Divests this Court of Jurisdiction toGrant the Requested Injunctive Relief. .................................................... 9A. This case “involves” and “grows out of” a “labor dispute.” .......... 11B. The NFLPA’s purported “disclaimer” does not affect thewithdrawal of jurisdiction. ............................................................ 12C. The Norris-LaGuardia Act bars injunctions against strikesand lockouts alike. ......................................................................... 14II. Resolution of Plaintiffs’ Suit Requires Determination of IssuesWithin the Primary Jurisdiction of the NLRB. ...................................... 17A. The primary jurisdiction doctrine requires courts to stayactions that implicate issues falling within the specializedknowledge of the NLRB. ................................................................ 18B. Plaintiffs’ antitrust suit rests on a predicate issue that fallssquarely within the primary jurisdiction of the NLRB. .............. 19III. Plaintiffs Cannot Meet Their Heavy Burden of Proving thatPreliminary Injunctive Relief is Warranted. ......................................... 28A. Plaintiffs cannot show a likelihood of success on the merits. ..... 281. The nonstatutory labor exemption protects lockoutsby multiemployer bargaining units. ................................... 292. The exemption continues to apply until thechallenged conduct is sufficiently distant in time andin circumstances from the collective bargainingprocess. ................................................................................. 31
CASE 0:11-cv-00639-SRN-JJG Document 34 Filed 03/21/11 Page 2 of 57

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The injunction filed by NFL players, which would block the lockout that is being imposed by the NFL.
Scribd added this note
The injunction filed by NFL players, which would block the lockout that is being imposed by the NFL.
mike carvell added this note
judge Susan is right they should settle out of court its business
Scribd added this note
The injunction filed by NFL players, which would block the lockout that is being imposed by the NFL.
Ludella Lewis liked this
mike carvell liked this
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