National Football League

NFL: 2011 draft could be at risk

Published Apr. 27, 2011 1:00 a.m. ET

Alex Marvez

The NFL claimed Wednesday that the 2011 draft will be in jeopardy if a federal district judge grants the full scope of what plaintiff attorneys want from a lifted lockout in the Brady v. NFL antitrust lawsuit.

Susan Nelson ruled Monday that the NFL must lift its player lockout, a decision that the league immediately appealed. The league has asked for a stay, a motion that Nelson is set to decide upon imminently.

If the stay isn't granted, the league would appeal to a higher appellate court. But the NFL may at least temporarily be forced to start its calendar year and resume player transactions that include free-agent signings, trades and releases.

It's possible that the lockout could be lifted immediately upon Nelson's order. That would throw the NFL into chaos if the decision came during the league's draft being held Thursday through Saturday in New York City.

But the league also is concerned that the draft itself could be interpreted as illegal based upon what the Brady v. NFL plaintiff attorneys have requested as part of the lifted lockout.

The NFL filed a "motion to reconsider" with Nelson on Wednesday claiming the plaintiffs have not made the requisite "showing of compelling circumstances" to justify the scope of their request. The NFL also referenced the plaintiff's written request for a judgment that sets new guidelines for player signings and would bar the league from reinstituting a lockout for one year.

The NFL claims the plaintiff's requests go "much further" than the initial motion to lift the player lockout that has barred transactions and contact between players and teams since the Collective Bargaining Agreement expired March 11. In particular, the NFL's motion sites a clause asking that the league be prohibited from" engaging in any contract, combination, conspiracy, boycott, concerted conduct, or collective agreement not to negotiate, compete for, or sign contracts with all of the current and prospective NFL players who do not have player contracts."

The league interprets such a clause as barring the 2011 draft — which "affords exclusive negotiating rights to the club selecting the drafted player" — as well as the implementation of franchise and transition tags. The elimination of those restrictive tags would mean marquee players such as Indianapolis quarterback Peyton Manning and Philadelphia quarterback Michael Vick could become unrestricted free agents.

"Aside from being expressly beyond the scope of the opinion, these are all rules to which the (NFL Players Association) had previously agreed," the NFL motion states. "In addition, enjoining these types of rules would impose irreparable harm upon the NFL."

NFL commissioner Roger Goodell expressed concern about the potential court-ordered abolition of his league's draft during an op-ed piece in Tuesday's Wall Street Journal (Read it here). He reiterated that viewpoint to the media during a Wednesday morning youth initiative in New York City.

"Some of the aspects they're challenging — future drafts — that's part of the competitive balance of our league," he said. "That (balance) is good for the players from my standpoint because there are many rules in there than could benefit the players. It's good for teams in the competitive balance. It's great for the fans because that's what they want. They want hope.

"We want to make sure teams can continue to be successful in (small markets like) New Orleans, Green Bay and Jacksonville. Our system has allowed that to happen. We don't have to change the entire system of the NFL and that's what's being challenged. That's when I get protective of the league."

Brady v. NFL is a lawsuit filed by 10 players — including 2010 highly touted draft prospect Von Miller — alleging that the league has committed antitrust violations barring player movement. The suit was filed on the same day that the CBA expired and the NFLPA decertified as a union, prompting the NFL to enact its player lockout.