No. 11-1898
United States Court of Appeals
for the
Eighth Circuit
TOM BRADY,
et al.
,
Plaintiffs-Appellees
,v. NATIONAL FOOTBALL LEAGUE,
et al. Defendants-Appellants.
_______________________
APPEAL FROM THE UNITED STATES DICTRICT COURTOF MINNEAPOLIS, MINNESOTA, NO. 0:11-CV-00639-SRN,HONORABLE SUSAN RICHARD NELSON
MOTION FOR LEAVE TO APPEAR AND FILE AN
AMICUS CURIAE
BRIEF ON BEHALF OF THE SPORTS FANS COALITIONIN SUPPORT OF THE APPELLEES
Stephen F. RossTHE PENNSYLVANIA STATEUNIVERSITY332 Katz BuildingUniversity Park, PA 16802(814) 865-8995Daniel R. ShulmanGRAY, PLANT, MOOTY, MOOTY& BENNETT, P.A.500 IDS Center 80 South Eighth StreetMinneapolis, MN 55402(612-632-3335
Attorneys for Amicus Curiae, Sports Fans Coalition
1
MOTION FOR LEAVE TO FILE BRIEF
AMICUS CURIAE
Pursuant to Federal Rule of Appellate Procedure 29(b), the Sports FansCoalition (“SFC”) respectfully requests leave of the Court to file the attached brief
amicus curiae
in support of Appellees. All parties have consented to the filing of this
amicus
brief. In support of its application, SFC states as follows:SFC is a non-profit advocacy organization with thousands of membersnationwide, created to provide consumers of American sports a public policyadvocacy group to offer a unique perspective currently absent among well-paidlobbyists and lawyers retained by sports leagues, players, and media companies.With a board of directors comprised of former aides to Presidents Bill Clinton andGeorge W. Bush, along with leaders from journalism, business, and public interestadvocacy,
amicus
represents the views and interests of sports fans before Congress,regulatory agencies, courts, and sports leagues.Most sports litigation is seen, incorrectly in our view, simply as a fight between rich players and richer owners over who gets a bigger share of the pie. Inthe process, the interests of consumers are ignored.This particular litigation involves an agreement among NFL owners to jointly refuse to offer their extraordinarily popular sports competition to sports fansunless players agree to more favorable terms. This unlawful conduct is particularly
2
egregious coming from those who have benefitted from massive taxpayer subsidiesfor stadium construction and favorable lease terms. Nor can sports fans turnelsewhere for major league professional football, thanks to specific legislationCongress enacted exempting the NFL from laws barring anticompetitive mergers.Under these circumstances, there is a strong public interest in ensuring that theSherman Act - Congress' "consumer welfare prescription" - is applied to protecttaxpayer investment and fans' aspirations.The SFC respectfully submits that consideration of the attached
amicus
brief will assist the Court in this case in assessing the critical importance of the legalissues presented and in affirming the decision of the district court.Respectfully submitted,May 20, 2011s/Daniel R. ShulmanDaniel R. ShulmanGRAY, PLANT, MOOTY, MOOTY &BENNETT, P.A.500 IDS Center 80 South Eighth StreetMinneapolis, MN 55402(612) 632-3335
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