NFL Wins Stay

[Samdari]

Local radio is reporting that the NFL has won a stay of the lower courts' ruling which allowed him to be in the draft. Speculation is that they will attempt to work out a deal with Clarett and Mike Williams putting them in a suplemental draft, thus heading off any further litigation.

[cthomer5000]

this is insanity. While this could work out great for a few teams - this will probably really hurt Mike Williams. I don't think it really affects Clarett.

[Franklinnoble]

Associated Press
NEW YORK -- A stay was granted Monday by a federal appeals court until it rules on the NFL's appeal of an earlier decision that allowed Maurice Clarett and eventually Mike Williams to be part of the draft, ESPN.com's Len Pasquarelli reports.


A stay in the proceedings technically will keep Clarett and Williams out of the draft Saturday at least temporarily, but a ruling could come down in their favor beforehand, which would make both eligible to be selected. If Clarett and Williams are declared eligible for the draft after it takes place, the NFL already has said the two would be part of a supplemental draft.

The ruling was faxed to all parties in the case only hours after the court heard the league's arguments, Pasquarelli reports. The ruling is expected to be announced later Monday afternoon. It's possible that Clarett, Williams and seven other undistinguished underclassmen could seek further recourse from the courts, but more unlikely that they can have the stay overturned before the draft begins.

Sources told Pasquarelli that there is a possibility that the parties could arrive at a middle ground -- perhaps a settlement that would permit Clarett and Williams to be included in a supplemental draft.

Federal appeals court judges and an NFL lawyer suggested that Clarett could go into a supplemental draft if he's ruled out of the main draft. The issue of the supplemental draft came up after the three judges questioned Clarett's lawyer, Alan Milstein, about whether the NFL must accept players who don't meet negotiated eligibility rules.

Judge Lewis A. Kaplan asked Milstein why the NFL cannot exclude young athletes, suggesting the league was saying, "It's good for them, good for us and in the long run good for the sport."

Judge Sonia Sotomayer said it was not surprising that the union would agree to exclude players such as Clarett. "That's what unions do every day -- protect people in the union from those not in the union," she said.

Clarett, who played as a freshman at Ohio State and was ineligible as a sophomore, challenged the NFL rule that requires a player to be out of high school for three years before entering the draft. Southern Cal sophomore Mike Williams, who declared for the draft after a lower court ruled in Clarett's favor, also would be affected if the appeals court blocks Clarett.

Seven others also declared for the draft after the initial ruling, but none is a prospect.

Some kind of ruling is expected from the appeals court before the NFL draft, which is Saturday and Sunday.

U.S. District Court Judge Shira Scheindlin ruled in February that Clarett should be allowed in the draft. She said the rule excluding him violates antitrust law and unjustly blocks a player from pursuing his livelihood.

The appeals court could temporarily suspend Scheindlin's ruling until it issues its own full written decision. NFL lawyer Gregg A. Levy confirmed Monday what league officials said earlier: If a subsequent ruling makes Clarett eligible, the league later could hold a supplemental draft, something the NFL has done in the past for players who entered the draft late.

Ohio State suspended Clarett before last season for accepting money from a family friend and for lying about it to NCAA and university investigators.

In 2003, he rushed for 1,237 yards and led the Buckeyes to a national championship.

Clarett maintained he was not subject to the NFL's "three years out of high school" rule because it was not properly negotiated and because he was not in the union.

Milstein said Monday the NFL can't argue that players such as Clarett are not physically ready to play professionally. Williams is expected to be a first-round pick Saturday; Clarett is expected to be chosen in the second or third round.

"The teams are lining up to hire these guys ... because the teams know these players are ready to play," Milstein said.

He said only a "group boycott" by NFL teams would keep Clarett out of the league.

Milstein also argued that the NFL uses colleges as a "free and efficient" farm system for developing players.

"All of the risk is on the player," he wrote in court papers. "College football is a willing partner in this arrangement, as it generates millions of dollars for the colleges without their having to incur the expense of player salaries."

In written arguments, Levy told the appeals court that Scheindlin's ruling was "fundamentally inconsistent with both established economic principles and common sense."

He said the judge "strained to reach a decision that not only cannot be justified under this court's precedents but is also economically senseless."

Len Pasquarelli is a senior writer for ESPN.com. Information from The Associated Press was used in this report.

[Kodos]

Heh. Screw Clarett.

[WSUCougar]

This boosts the stock of other WRs, like Reggie Williams, Clayton (LSU), and Woods (OSU).

[Franklinnoble]

Has Mike Williams lost his college eligibility now?

[spleen1015]

Yes he has because he hired an agent.

[JeeberD]

Mike Golic was saying a while ago that if the players asked thier schools to take them back then the schools could possibly petion the NCAA and that there's a slight chance that they could get their eligibility back....

[Samdari]

This is actually not like basketball. Football players cannot pull themselves out and go back to school. They are ineligble as soon as they declare.

[tucker342]

ouch that really sucks for Williams...

But screw Clarett. Gah, I hate him so much.

[Franklinnoble]

That sucks for him... I would think that since he declared after the initial ruling, he'd be granted some sort of exception...

[rkmsuf]

Williams and Clarett should skip the NFL and go directly into TV...

[albionmoonlight]

I'm sure that the NFL would love to reach a settlement with Clarett and Williams and let them into the draft and make this case go away. However, because there are 7 other plaintiffs in the suit, just getting Clarett and Williams out of the way does not make much of a legal difference.

Only one of the seven needs to decide that he has nothing better to do than to argue the case until the end for Clarett and Williams to lose a lot of leverage in terms of a settlement. Why should the NFL offer anything to Williams and Clarett to drop their suit if it wil still have to mount a defense against Jackass #3?

[Samdari]

Originally Posted by Franklinnoble

That sucks for him... I would think that since he declared after the initial ruling, he'd be granted some sort of exception...

According to ESPN.com's story,

"If Clarett and Williams are declared eligible for the draft after it takes place, the NFL already has said the two would be part of a supplemental draft."

The NFL is not so interested in keeping those two out of the NFL this season, they are far more concerned about keeping their rule in place. In fact, now that they have a precedent setting ruling, they want all litigation to stop, so they will gladly let these two in the draft if they will agree not to pursue the matter further in the courts.

[cthomer5000]

Originally Posted by Kodos

Heh. Screw Clarett.

I pretty much agree, but I think Mike Williams is going to end up getting a raw deal if this holds. I just don't think it's fair for the leauge to say "sure, come on out" and then actively work against allowing those same people in.

Only Mike Williams and the 7 high school jokesters are really in that boat though.

Still, if this holds up I think it could really benefit a team at the top of the draft. They could draft whoever they're going to, then use next year's 1st rounder in the supplemental draft to snag Williams. Could definitely be a consideration for a team like San Diego, Oakland, Jacksonville, etc...

[RainRaven]

I don't really care about Clarett's status but William's is quite interesting. He has the same college experience as Fitzgerald (2 years) and yet because of the high school graduating class rule can't enter. The NFL I assume has a much bigger problem with Clarett coming in then Mike Williams. Should make for an interesting acouple of days for those at the top of the draft order.

[Samdari]

You know, if the ESPN story is true, and the NFL does want to have these guys in a supplemental, I think it would actually help Mike Williams. Lots of reports/mocks had him somewhere between slipping and dropping like a rock. I think he'll go sooner in the supplemental than he would have in the regular draft.

[spleen1015]

Who else would be in this supplemental draft?

[Samdari]

Originally Posted by spleen1015

Who else would be in this supplemental draft?

I imagine to satisfy albionmoonlight's concerns, the 6 high schoolers would be included in it as well.

[cthomer5000]

Originally Posted by spleen1015

Who else would be in this supplemental draft?

Williams, Maurice Clarett, and probably any of those high-school jokesters who followed up on their entry into the NFL.

[QuikSand]

I wonder if there's any chance that the high school "jokesters" involve here end up peeling off a few bucks as a settlement for giving up their "rights" for this draft. Stranger things have happened.

[Samdari]

Originally Posted by QuikSand

I wonder if there's any chance that the high school "jokesters" involve here end up peeling off a few bucks as a settlement for giving up their "rights" for this draft. Stranger things have happened.

In fact, I wonder if that's why they declared in the first place....

[cthomer5000]

Originally Posted by QuikSand

I wonder if there's any chance that the high school "jokesters" involve here end up peeling off a few bucks as a settlement for giving up their "rights" for this draft. Stranger things have happened.

If so, Shorty's going to really regret not going pro.

[Shkspr]

Originally Posted by Franklinnoble

Judge Sonia Sotomayer said it was not surprising that the union would agree to exclude players such as Clarett. "That's what unions do every day -- protect people in the union from those not in the union," she said.

I heart Judge Sotomayor.

[TazFTW]

Couldn't they seek an injuction to delay the draft until a decision is made?

[Ksyrup]

Originally Posted by TazFTW

Couldn't they seek an injuction to delay the draft until a decision is made?

Yes, but the harm to ESPN, Pizza Hut, Mel Kiper and his hair, and millions of couch potatoes everywhere would outweigh the benefits of delaying the draft.

[rkmsuf]

Originally Posted by TazFTW

Couldn't they seek an injuction to delay the draft until a decision is made?

You think Stuart Scott is free everyday?

[korme]

Originally Posted by cthomer5000

If so, Shorty's going to really regret not going pro.

Is it too late to declare??

[Crapshoot]

What a crappy ruling- another victory for the monolithic crap that is the NCAA.

[k0ruptr]

sometimes the ncaa and nfl make dumb decisions.

[ISiddiqui]

Good ruling... I mean what if Clarett and Williams get drafted and THEN the appelate court says the NFL was right? What a clusterfuck that would be.

[Bosco]

I don't understand how the supplemental draft is going to work. Who gets to pick? Who is in it? Is some team going to come away with what amounts to two first round picks if they get to pick Mike Williams through the supplemental draft?

[Bosco]

Dola

What do you think this means for the NBA? Could they now successfully implement an age rule in their draft?

[Young Drachma]

Yeah, this is crap for Williams. The NFL must've bought somebody off. The statement seemed really worried. ESPN is saying that the NCAA might allow a petition from their colleges to allow them come back, you know USC would love to have him back.

But I can't see it not working it out for him. He's too good and teams would be far too interested in having him, just not changing their rule.

[Rich1033]

Originally Posted by Bosco

Dola

What do you think this means for the NBA? Could they now successfully implement an age rule in their draft?

The union would have to agree to it and put it in their next CBA. Thats the main reason why the NFL won this case.

[albionmoonlight]

Originally Posted by Bosco

I don't understand how the supplemental draft is going to work. Who gets to pick? Who is in it? Is some team going to come away with what amounts to two first round picks if they get to pick Mike Williams through the supplemental draft?

They will lose the pick next year.

Here is how, in effect, it works. The NFL asks all of the teams, who is willing to give up a #1 next year for Mike Williams? No one does. The NFL asks, who is willing to give up a #2 next year for Mike Williams. No one does. The NFL asks, who is willing to give up a #3 next year for Mike Williams. San Diego says that it will. They get Mike Williams and they lose their #3 next year.

(I don't know how they decide the order within the rounds).

[ISiddiqui]

What do you think this means for the NBA? Could they now successfully implement an age rule in their draft?

Um... no.. because this is a preliminary injunction, not a ruling on the case.

[cthomer5000]

Originally Posted by albionmoonlight

They will lose the pick next year.

Here is how, in effect, it works. The NFL asks all of the teams, who is willing to give up a #1 next year for Mike Williams? No one does. The NFL asks, who is willing to give up a #2 next year for Mike Williams. No one does. The NFL asks, who is willing to give up a #3 next year for Mike Williams. San Diego says that it will. They get Mike Williams and they lose their #3 next year.

(I don't know how they decide the order within the rounds).

Well you've got it pretty much right except the draft is done through a blind bidding process. Teams submit their bid (the highest draft pick they would spend on a player) and the highest bidder gets him. Things work on the same draft order that will be used for this current draft.

I'm guessing at least 5 teams would give up next year's first rounder to have Mike Williams now.

edit: So that's why I've been saying this could actually work out very well for some team. They can draft whoever and snag Mike Williams for next year's 1st rounder.

[cthomer5000]

Originally Posted by ISiddiqui

Good ruling... I mean what if Clarett and Williams get drafted and THEN the appelate court says the NFL was right? What a clusterfuck that would be.

That can't happen. Here's the play-by-play so far:

• Clarett sues, the court says "you're right!" Clarett & company are free to enter the draft.
• The NFL appeals - basically asking to delay a decision on the legality of its "junior year" draft eligibility rule.
• The judge today essentially says "Hmmm, I don't know about this - we need to examine this more closely"

So here are the possible outcomes:

1. A ruling is made before Saturday, the NFL loses, and Clarett & company enter the draft
2. A ruling is made after the draft, the NFL loses, and Clarett & company are placed in a special "supplemental draft."
3. A ruling is made after the draft, the NFL wins, and Clarett & company are shit out of luck.

[Eaglesfan27]

Listening to Mike Williams' agent on the Dan Patrick show on ESPN radio today, and he implied that Williams might sue the NFL for the lost wages because they actually called him and asked him if he was going to apply for the draft and thereby encouraged him to apply. If Williams sues for damages, I wonder if he might win as you can argue that he lost the chance to remain in school and lost millions in money as a supplemental draft pick (assuming this doesn't get resolved before the draft this weekend.)

[ISiddiqui]

That can't happen. Here's the play-by-play so far

I meant BEFORE the ruling today... like I said, 'good ruling'.

he implied that Williams might sue the NFL for the lost wages because they actually called him and asked him if he was going to apply for the draft and thereby encouraged him to apply.

Not going to happen, because this was done as a result of the court action.

[cthomer5000]

Originally Posted by ISiddiqui

I meant BEFORE the ruling today... like I said, 'good ruling'.

Oh. The grammar is pretty unclear there.

[Samdari]

Originally Posted by cthomer5000

• A ruling is made before Saturday, the NFL loses, and Clarett & company enter the draft
• A ruling is made after the draft, the NFL loses, and Clarett & company are placed in a special "supplemental draft."
• A ruling is made after the draft, the NFL wins, and Clarett & company are shit out of luck.

You left out

"Clarett appeals to the US Supreme Court to have the stay lifted."

As a possibility.

Feel free to start your own threads on the topic.

[cthomer5000]

man, this is going to be the most exciting draft in history.

Like Tecmo Super Bowl - I want to see the court make a decision at 12noon, and see Maurice Clarett and Mike Williams running straight from the court to the draft (in full uniform).

[cthomer5000]

That's what I'm talking about. I want Clarett and Williams bolting out of court at 12noon on Saturday.

[nilodor]

Originally Posted by Samdari

This is actually not like basketball. Football players cannot pull themselves out and go back to school. They are ineligble as soon as they declare.

I have heard in these circumstances that the NCAA may let them back in if they repay anything they got from an agent or anyone else and if they still are in academic standing.

[Samdari]

Originally Posted by nilodor

I have heard in these circumstances that the NCAA may let them back in if they repay anything they got from an agent or anyone else and if they still are in academic standing.

Sure, they can apply (or more correctly their schools can), so can anyone who has lost their eligibility, but as of now they are ineligible. The NCAA is notorious for not considering unique circumstances, but blindly following the letter of their rules, so I would be surprised to see them let back in.

[Buccaneer]

Probably too bad for Mike Williams but I guess he should not have jumped on the bandwagon being led by Clarett and his bitchy mother.