Brooks - Union: We won't decertify [yet]
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11-18-2012, 06:56 PM
Join Date: Jul 2004
Originally Posted by
They can file anti-trust claims against the league if the lockout is continued after a decertification has taken place, trebling the amount owed as damages.
--> Anti-trust litigation takes a very long time however.
The length of time it takes for the courts to settle the antitrust dispute is key here. Lawyers for both the NHL and NHLPA realize that antitrust litigation can take years. So I don't believe the prospect of paying treble damages would put any significant pressure on the NHL to lift the lockout in the short-run.
With regards to using decertification as a way to get a Federal injunction to stop the lockout, the U.S. Court of Appeals for the Eighth Circuit took the wind out of that idea when they ruled that the Norris-LaGuardia Act still applies even in the absence of a union.
Whats worth noting is that if the players do decertify, the players may file individual suits in the states or provinces that they play in. California and Arizona are governed by the U.S. Court of Appeals for the Ninth Circuit, which is decidedly more pro-labor than other federal courts and may take a more player-friendly view of the Norris-LaGuardia Act. The NHL would likely try to move all litigation to New York (U.S. Court of Appeals for the Second Circuit) or Minnesota/Illinois (U.S. Court of Appeals for the Eighth Circuit) where the courts have been more favorable to the League's interests.
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