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Monday, September 28, 2009
 
Amicus Briefs filed in American Needle v. NFL

Friday was the deadline for the filing of amicus curiae briefs supporting the petitioner, American Needle, in American Needle v. NFL. According to the Supreme Court's docket, only two amicus briefs were filed:

  • A joint brief filed by the U.S. Department of Justice and the Federal Trade Commission, available here.

  • A brief by a group of economists including Rodney Fort, Brad Humphreys, Roger Noll, James Quirk, Stefan Szymanski, and Andrew Zimbalist, available here.

Interestingly, unless the Court's docket has not yet processed all amicus briefs filed on Friday, one notable omission from the list is the player's unions from the four major sports. It was previously reported by ESPN.com's Lester Munson that the unions were preparing to file amicus briefs in the case. If the unions are in fact waiting to file their amicus briefs, then they will apparently be filing briefs in favor of the respondent, the NFL. In that case, one would assume the unions will advocate single entity status for the leagues in at least some league functions, but not for purposes of labor disputes.

Update (Tues. Sept. 29, 8:45 am): It turns out that the Supreme Court's docket was just slow in processing all of the amicus briefs filed in support of American Needle. The ABA's website now has the following additional amicus briefs available for download:

  • A brief by the players' unions in the four major sports (i.e., the NFLPA, MLBPA, NBAPA, and NHLPA), available here.

  • A brief by the American Antitrust Institute and the Consumer Federation of America, available here.

  • A brief by the National Football League Coaches Association, available here.

  • A brief by the Merchant Trade Association, available here.





15 Comments:

Thanks for the additional links. Does anyone know where we can get a copy of the currle NFL Constitutiona & Bylaws?

Anonymous Rob Macdonald -- 9/29/2009 8:22 PM  


Take 2! Thanks for the fresh links. Does anyone know where we can get a copy of the current NFL Constitution & Bylaws?

Anonymous Rob Macdonald -- 9/29/2009 8:24 PM  


Constitution and Bylaws: http://www.nflplayers.com/user/template.aspx?fmid=181&lmid=231&pid=358&type=c

Blogger Pbenn001 -- 9/30/2009 9:24 AM  


Thanks so much for posting links to the various briefs. This case will be fascinating to follow...

Anonymous Ryan M. Rodenberg -- 9/30/2009 11:27 AM  


Has the NFL filed its brief yet? If so, where can I locate it? Thanks.

Blogger Pbenn001 -- 10/01/2009 10:56 PM  


No, the NFL's brief is not due until November 17th. Amicus briefs supporting the NFL will be due Nov. 24th.

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Blogger poll -- 10/03/2009 1:56 AM  


Thanks Pbenn001, but that is the NFL-NFLPA Collective Bargaining Agreement and NOT the NFL Constitution & bylaws

Anonymous Rob Macdonald -- 10/03/2009 6:42 PM  


here's a link to a 2006 version:

http://static.nfl.com/static/content//public/static/html/careers/pdf/co_.pdf

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