X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Call it a Hail Mary pass that sailed out of bounds. The National Football League, represented by Covington & Burling and Faegre & Benson, claimed in an appeal to the U.S. 8th Circuit Court of Appeals that Minneapolis federal District Court Judge David Doty had shown bias against the league in his appointed role resolving labor disputes between the league and the players. In particular the NFL asserted that the 79-year-old judge abused his authority when he overturned an arbitrator’s decision and let quarterback Michael Vick keep a $20 million bonus paid by the Atlanta Falcons. It also pointed to other actions by the judge, including interviews he had given to newspapers, that supposedly showed his bias. On Tuesday, the appellate court upheld Doty’s ruling on Vick’s bonus, and found that the judge had done nothing that should prevent him from continuing his 16-year role overseeing the NFL’s collective bargaining agreement with the players union. Jeffrey Kessler of Dewey & LeBoeuf made the oral argument for the union. The players’ group was also represented by Weil, Gotshal & Manges, and Minneapolis’ Lindquist & Vennum. For a good recap of the dispute, see this article from the St. Paul Pioneer Press. The court did, however, rap Doty on the knuckles for agreeing to be interviewed for two articles about his role overseeing NFL affairs. “There is a danger that may flow from even seemingly innocuous statements to the press. Judges should not create the impression that they covet publicity,” the panel wrote. Gregg Levy of Covington referred questions to an NFL spokesman, who provided this statement: “Our focus is on negotiating a new collective bargaining agreement with the players and the court’s decision should not impact the negotiations in any way. The Eighth Circuit’s opinion also upheld the district court’s bonus forfeiture ruling in large part because it found the [collective bargaining agreement] forfeiture provision ambiguous. That is something that we will seek to change at the bargaining table to ensure that bonus payments are paid to players who comply with their contracts and perform on the field.” We put a call in to LeBoeuf’s Kessler but have not yet heard back.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.