A Funny Thing Happened on the Way to the Draft

As if trying to determine whether the Carolina Panthers should select Heisman Trophy winner Cam Newton with the first pick in the 2011 NFL Draft were not enough!

Last week, with the Draft looming in the background, Federal District Court Judge Susan Richard Nelson granted the NFL Players’ request for a preliminary injunction compelling the League to end the lock-out.  Judge Nelson then denied the League’s request that her ruling be stayed.  The League immediately appealed, and as the Denver Broncos were preparing to make their second-round selection, it was announced that the Eight Circuit Court of Appeals had issued a temporary stay of Judge Nelson’s ruling, effectively putting the lock-out back in place.  If you are confused, you are not alone.

For now, let’s start with the basics.  What is an “injunction” and what is a “stay?”  Simply put, an injunction is a court order which compels a party to either do something or, alternatively, to stop doing something.  In this case, Judge Nelson’s Order compelled the NFL to end the lock-out; but that is not the end of the story.  As you may know, any court decision can be appealed.  Judge Nelson’s order granting an injunction and compelling the League to end the lock-out is no different and, as expected, the League immediately appealed. 

So what happens to football while the case makes its way through the appellate courts?  That, sports fans, is where the “stay” comes in. A stay is a court order which preserves the status quo during the course of an appeal.  Think of a death penalty case, for example, where the condemned defendant sits in prison (very much alive, with the death sentence stayed) while the appeal is heard.  In the case of the lock-out, however, Judge Nelson refused to stay her ruling while the NFL appealed, and for a few short hours the lock-out was lifted. 

However, the decision to deny the stay, like any other court order is also appealable.  As the Denver Broncos prepared to select UCLA Free Safety Rahim Moore with the 45^th overall selection, we learned that the Eight Circuit Court of Appeals had issued an order granting the League’s request for a temporary stay, thus preserving the status quo of the lock-out. 

 – At least for now.  A ruling on the permanent stay is expected later this week.

David B. Applefeld, Esq.