NHLPA starts another 'disclaimer' vote
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01-05-2013, 02:11 PM
Join Date: Aug 2004
Originally Posted by
If the mediation talks fall apart, Fehr needs to do the DOI ASAP. It could be the only chance to save the season. Either it forces a deal (not counting on it), or the Courts could force them to play... Precedents in Appeal Courts in First Circuit, 7th Circuit and 9th Circuit is that a Federal Court can enjoin a lockout (unlike 8th Circuit in 2011 NFL Brady Case).
The NHL has teams in California and Arizona (9th Circuit) and could ask a Federal Court there to enjoin the lockout. Local 2750, Lumber & Sawmill Workers Union v. Cole, 663 F.2d 983 (9th Circuit. 1981) is a solid precedent.
NHL has already filed the case in NY, 2nd circuit which is owner-friendly (though I have to say that as an European, it boggles my mind how the courts can be so different in different cities)
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