MINNEAPOLIS, MN - MAY 17: Former NFL Players Association executive director DeMaurice Smith (second from left), NFL retired players' lawyer Michael Hausfeld and NFL players' lawyer Jeffrey Kessler arrive for court ordered mediation at the U.S. Courthouse on May 17, 2011 in Minneapolis, Minnesota. As the NFL lockout remains in place mediation was ordered after a hearing on an antitrust lawsuit filed by NFL players against the NFL owners after labor talks between the two broke down in March. (Photo by Hannah Foslien/Getty Images)
The two sides have concluded oral arguments in the appeal of the Brady vs NFL case before the 8th circuit court today. While most legal analysts expect the owners to prevail, one of the three judges, Kermit Bye, warned that nneither side will like their ruling.
e will take this case and render a decision in due course,” Bye said before making a pointed push for the sides to work out the problem. “We won’t, I might also say, be all that hurt that you’re leaving us out if you should go out and settle the case. But that’s up to you. But we will keep with our business and if that ends up with a decision, it’s probably something both sides are not going to like but at least it will be a decision.”
Bye is the one Clinton appointee on the three judge panel and was the dissenting voice in the courts' decision to issue stay on a previous ruling that would have ended the lockout. He would seem to be the only judge likely to side with the players, as both of his more conservative colleagues leaned toward the owners in their previous opinion.
If the two sides do resume negotiations, the court could potentially hold off on its ruling if significant progress toward a settlement is being made. Let's hope that's the case.