Sports and the Law: First Brief in American Needle v. NFL Due on Friday
For those who have been following the Supreme Court case American Needle v. NFL (previously blogged about in more detail here, here, and here), this Friday clothing manufacturer American Needle Inc. will file its opening brief, arguing that the Seventh Circuit Court of Appeals was wrong to define the NFL as a single-entity under Section 1 of the Sherman Act.
As many of you know, I have long agreed with American Needle’s view that the NFL should be treated as a collection of 32 separate clubs, and not as a single entity. To me, this issue was best resolved by the Second Circuit back in the 1982 case North American Soccer League v. Nat’l Football League, in which that court held “the sound and more just procedure is to judge the legality of [sports league] restraints according to well-recognized standards of our antitrust laws rather than permit their exemption.”
Currently, the Second Circuit’s view remains in the overwhelming majority, as seven previous courts have upheld this view and rejected the NFL clubs’ single-entity argument. The Seventh Circuit meanwhile remains alone in its iconoclastic position that single-entity status should be determined one league at a time, one function at a time.
American Needle’s counsel on this matter in the law firm Jones Day. The National Football League meanwhile is represented by Covington & Burling LLC—a firm where former NFL commissioner Paul Tagliabue serves as Senior Of Counsel.
_______________________________________________________________________________
Marc Edelman is a Professor at Barry Law School in Orlando, FL. He previously was a Visiting Professor at Rutgers School of Law-Camden. His bio is available here, and his publications, here.
(18) 
Comments
First to say I had too much firewater last night
No more after the jump?
2, I'm really happy for you, and I hope there is more after the jump when I let them finish, but PE had some of the best comments OF ALL TIME.
This post is bad and you should feel bad
Edelman also fancies himself a fake judge:
http://www.sportsjudge.com/team.html
where is jake emeritus on the demerits of football?
Before anyone asks, Barry U. is accredited by the ABA.
http://en.wikipedia.org/wiki/Dwayne_O._Andreas_School_of_Law
It made it on its third attempt, after it renamed itself from the Barry University School of Law to the Dwayne O. Andreas School of Law, after some big-wig at Archer Daniels Midland. At least he wasn't some big plaintiffs lawyer.
I suppose that I should know the answer to this, but is Barry Law School fully accredited by the American Bar Association and a member in good standing of the Association of American Law Schools?
Mystal, suck my ass you racist walrus.
Robin Meade
a continuously!
http://www.luatcm.com
I suppose I should know the answer to this, but is the Seventh Circuit properly organized under Article III of the Constitution? Or is it one of those Article I courts that consist of administrative law judges?
Why is ATL serving as a platform for one professor to espose his views, which are obviously partisan? This is odd, and somewhat disturbing. Are we actually supposed to believe that the district court, 7th Circuit, and solicitor general are all completely off of their rocker? Remember, the SG advocated against cert, because the decision is fact-specific and consistent with settled law.
Representing either party here is an act of evil. This case is ridiculous and was only granted cert because clerks like football.
Good job to Dewey and Weil for representing the players' unions. Covington and Jones Day are player haters.
if this is atl's attempt to become more legit, it kind of sucks
Where is the news? Am Needle didn't file its merit brief yet. Hold off until Friday to post this and include a link to the brief.
Didn't the second circuit essentially agree with the Seventh regarding licensing as a single entity in Salvino? Alternatively MSG v. NHL seems to demonstrate that the Seventh, although potentially alone on the Bulls II issue of "one sport at a time one issue at a time" isn't alone on the bigger question of single entity for licensing.
I genuinely do find this post interesting, but this being ATL I shall limit my comment to the following: NaTTTional FooTTTball League
I'm with 13. If ATL wants to enter into the legal education realm, that's cool, but atleast reach out to balanced person who is actually willing to explain both sides of the issue. He sounds like a plaintiffs lawyer with skin in the game.