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NHLPA's memorandum of law asking court to punt the NHL's case

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01-03-2013, 03:55 PM
  #1
LadyStanley
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NHLPA's memorandum of law asking court to punt the NHL's case

EricOnSportsLaw 12:46pm via web Here's a copy of the NHLPA's memorandum of law asking court to punt the NHL's case; will revert later with key points - http://t.co/cXTLylQq

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01-03-2013, 04:15 PM
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Falconone
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Apologies Doctorae

Sorry Crease, I'm the old one. Can prove it too. Was at the game where Espo scored his 100th and 101st points. first time ever in NHL. Had to rush home to watch the goals on the news cuzz I was out buying a beer BOTH times. LOL

Didn't see your initial response until now either Sry.

In terms of watching this play out in the courts its too bad they seem to now understand the concepts of negotiation and compromise. But I may be too optimistic cuzz theres still plenty of opportunity for this to go off the rails like a crazy train. (with apologies to Ozzy on that one)

Regarding disclaimer and decertifying, you might want to look at the McNeil decsion. In McNeil the players filed for anti trust relief and the court said their complaint resulted from a labor dispute and they couldn't seek redress under anti trust while there was union representation. The union disolved (can't remember if it decertified or just a DOI) and then the players filed suit under anti trust statutes. and won.

From my seat on the sidelines of this fiasco, it would seem the NHL would be faced with a precident wherein the court basically told the players seeking relief that they had to get rid of the union before they could sue for anti trust relief. Like a Nike commercial. Just do it!

can't imagine anything more plain than that decision controling the DOI or Decertification in the NHL case. Particularly wherein McNeil the court beasically TOLD the players to get rid of represntation, then come back and we'll hear your case.

For those who think the 2rd circuit would try to overturn NcNeil (which is what would be required in oder to find FOR the NHL in their complaint about WHY the PA is considering a DOI or Decertification) they probably have gotten the wrong judge. (Harvard, Harvard Law and clerking for Thurgood Marshall kinda tells you where he leans on the protection of individual rights eh?)

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01-03-2013, 07:16 PM
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kdb209
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Quote:
Originally Posted by Falconone View Post
Regarding disclaimer and decertifying, you might want to look at the McNeil decsion. In McNeil the players filed for anti trust relief and the court said their complaint resulted from a labor dispute and they couldn't seek redress under anti trust while there was union representation. The union disolved (can't remember if it decertified or just a DOI) and then the players filed suit under anti trust statutes. and won.
Wasn't that a result of the Eight Circuit's ruling in Powell v NFL, rather anything that Judge Doty ruled on in McNeil?

The Eight Circuit ruled in Powell that the Non-Statutory Exemption continued after a CBA expired, even to the point of Impasse. The Eight Circuit ruled on Powell in Nov '89, leading the NFLPA to disclaim in Nov/Dec '89. The McNeil suit was filed subsequent to that.

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01-03-2013, 10:17 PM
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mouser
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Adding onto that, the issue in McNeil was new labor rules the NFL implemented after the CBA had expired.

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