NFL, union take TV money dispute before judge (AP)

Thursday, February 24, 2011 4:01 PM By dwi

MINNEAPOLIS – With millions of grouping affixed to NFL games every start weekend, the league's programme rights are worth zillions of dollars — modify if the 2011 season is wiped discover by the ongoing fag difference with the players' union.

The organization contends over $4 1000000000 in TV, digital and wireless income was engraved discover by the owners as a playing modify in case of a lockout, and they poverty that money escrowed so it can't be held as investment against them in agglomerated bargaining talks.

The NFL argues it sapiently maximized the income for every to deal backwards in 2009 and 2010, and that lockout endorsement has been a connatural conception of programme contracts — the league's scheme engine — for years.

The digit sides took their fight before a federal determine in Minnesota on Thursday, a potentially grave supply just digit week before their underway fag accord expires.

U.S. District Court determine David Doty in Minneapolis, who has had powerfulness over NFL fag matters since a 1993 deciding he presided over that sealed the way for the existing liberated agency system, unsealed whatever documents in the case with playing info redacted in some cases.

Doty did not directly rule, however, on the NFL Players' Association attractiveness of a primary master's selection earlier this period that lets the association ready the $4 1000000000 or so in programme rights fees. (Networks would intend a refund with welfare if games are lost.)

Doty said he didn't poverty to put his "thumb on the scale of the agglomerated bargaining" process, as NFL professional Gregg Levy contended organization lawyers are asking. Levy said "it would be repugnant to federal fag law" for Doty to intervene in this issue.

NFLPA professional Jeffrey Kessler countered that it's the league's "thumb on the scale" in the fag talks, saying the zillions in investment was conception of a long-devised lockout plan and that the NFL didn't behave in beatific faith.

"We'd like the moulding removed," Kessler said.

The agglomerated bargaining commendation expires next Thursday. Lawyers for both sides, citing a suffer order, declined to interpret on the negotiations as substantially as how the case could affect the talks.

The organization contends the NFL failed to bonded "maximum" revenue, as it is required to do, in both 2009 and 2010 when it re-negotiated programme contracts with Fox, NBC, ESPN, CBS and DirecTV that included revised "work stoppage" plans. The NFLPA said the impact act clauses in portion were struck to guarantee "war chest" income for the NFL, gift it an dirty plus in the fag talks.

"Leverage, leverage, leverage. They said it to themselves over and over again. And why? To inflict scheme harm on the players," said blackamoor Heiden, another professional for the NFLPA.

The association claims that seeking more income for existing 2009-10 deals would hit been unsuccessful and furious the programme partners already handling with a "depressed advertising market." Levy said the association believes it followed good playing principles that brought in "hundreds of millions of dollars in additional revenues," citing specifically the creation of the new Red Zone channel that damaged an want for vision football-hungry fans eager for updates on their players.

Levy's discussion was backed Feb. 1 by the primary master, author Burbank.

In Burbank's decision, free for the prototypal time Thursday, he said he couldn't conceive the NFL had a duty to the organization to "throw budgets and playing plans in the wastebasket" modify as he recognized the intense difference between the digit sides over how such the NFL crapper pursue its possess playing interests patch mass requirements of the fag pact.

NFL Commissioner Roger Goodell testified that the impact act fees "could be used to meet" NFL debt obligations and cover operating costs, the selection said.

The selection also addicted that Burbank had awarded the NFLPA $6.9 meg to resolve a difference over income from an "extra" mettlesome granted by the NFL to NBC terminal season. The Oct. 31 game, between the Saints and Steelers, drew meliorate ratings on a Sunday night than a competing World Series mettlesome between Texas and San Francisco.

Because the organization asked for about $60 meg in damages, Levy titled the attractiveness bogus.

"The organization took a bounteous gamble. It didn't pursue restitution in a logical way," Levy said. "It seeks a cure witting to push the association in agglomerated bargaining."

The Star Tribune of metropolis and St. Apostle Pioneer Press asked that every the evidence be made public, but Doty only united to a redacted promulgation discover of respect for commercial confidentiality of the TV contracts. Many figures and info are blacked out, though a some noteworthy nuggets emerged from the unsealing.

The NFLPA's objection to Burbank's judgement includes testimony from metropolis Cowboys someone Jerry designer that says the association necessary to "realistically assume" a lockout to intend a CBA it wants. It also includes chart-style NFL memos that pass a "strengthened function in fag negotiations" as reasons for redoing the programme contracts.

Lawyers on apiece lateral made impassioned arguments, but the tenor in the shack during the nearly three-hour chance was civil. Doty noted his daylong story with the league's fag issues and his familiarity with some of the attorneys in face of him.

"We every conceive of ourselves as old friends, at small I do," Doty said, later adding: "I'm digit of those odd judges who ease likes lawyers."


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