LEAGUE AVOIDS DOTY

By removing the lawsuit filed by Vikings defensive tackles Pat and Kevin Williams to federal court before the NFL Players Association could file a lawsuit challenging the five StarCaps suspensions, the NFL secured the first real victory in the landmark legal battle.
When the Williams case was removed to federal court, the case automatically was assigned to Judge Paul Magnuson. So when the NFLPA subsequently filed its action with Judge David Doty, who has jurisdiction generally over matters relating to the interpretation of the NFL’s Collective Bargaining Agreement pursuant to the settlement of the antitrust action that forced the current free agency/salary cap system, Judge Doty deferred the matter to Judge Magnuson, according to the St. Paul Pioneer Press.
It’s a huge win for the NFL, since the league previously has accused Judge Doty of having a bias in favor of the NFLPA.
Then again, depending on whether and to what extent Judge Doty and Judge Magnuson have a good relationship, the league might have to worry about Judge Magnuson viewing any of its arguments skeptically, given the league’s effort to bounce Judge Doty from the broader role of supervising the CBA by accusing Judge Doty of being too cozy with the league.
A hearing on the NFLPA’s lawsuit will be conducted on Friday at 11:30 a.m. EST.
Basically, then, the NFL won an old-fashioned race to the courthouse. If the union had filed its action before the NFL had removed the Williams case, Judge Doty probably would have ended up with both cases.
And, in the interests of clarity, the removal of a case to federal court occurs simply by filing the appropriate paperwork. Removal in and of itself isn’t a win of any kind. After removal, the plaintiff has 30 days to file a motion to remand the case to state court.
In the interim, Judge Magnuson will have jurisdiction over whether the TRO issued on Wednesday by Judge Gary Larson of the Hennepin County District Court will stand. The fact that no hearing has been set on the Williams matter in federal could mean that Pat and Kevin Williams will play on Sunday at Detroit.