NFL'S DEFENSE
Preemption
Reason: The NFL will argue the “litigation should be dismissed because it is preempted by the NFL players’ collective bargaining agreement and the NFL Constitution and Bylaws” (Campisi)
Grounds: The Labor Management Relations Act is a US federal law that puts limits and restrictions on the power and activities of labor unions. “The motion to dismiss states that the CBAs, like all collective bargaining agreements affecting interstate commerce, are governed by section 301 of the Labor Management Relations Act.” (Campisi)
Warrants: The players will not find any way around this law and will have to file the complaints through the NFL’s grievance process
Backing: Law professor Michael McCann, director of the Sports Law Institute at Vermont Law School, agreed that the concept of preemption is clearly the key issue at this stage of the litigation. “Preemption is the most powerful [defense],” since that would be an argument made prior to any discovery taking place, McCann said. “That’s a total victory for the NFL if the NFL wins on that.” (Campisi)
Qualifiers: It doesn’t work for players who played before a CBA was in place
Grounds: The Labor Management Relations Act is a US federal law that puts limits and restrictions on the power and activities of labor unions. “The motion to dismiss states that the CBAs, like all collective bargaining agreements affecting interstate commerce, are governed by section 301 of the Labor Management Relations Act.” (Campisi)
Warrants: The players will not find any way around this law and will have to file the complaints through the NFL’s grievance process
Backing: Law professor Michael McCann, director of the Sports Law Institute at Vermont Law School, agreed that the concept of preemption is clearly the key issue at this stage of the litigation. “Preemption is the most powerful [defense],” since that would be an argument made prior to any discovery taking place, McCann said. “That’s a total victory for the NFL if the NFL wins on that.” (Campisi)
Qualifiers: It doesn’t work for players who played before a CBA was in place