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National Football League Players Ass'n v. Pro-Football, Inc.
Citations: 849 F. Supp. 1; 145 L.R.R.M. (BNA) 2225; 1993 U.S. Dist. LEXIS 18567; 1993 WL 625555Docket: Civ. A. 93-2665
Court: District Court, District of Columbia; December 30, 1993; Federal District Court
The National Football League Players Association (NFLPA) filed a complaint against Pro-Football, Inc. (Washington Redskins) and the NFL Management Council (NFLMC), seeking a temporary restraining order (TRO) to enforce an arbitration award that mandates the suspension of all Redskins players, except Terry Orr, for failing to pay union dues by December 31, 1993. The court acknowledged the undisputed facts that Judge Thomas D. Horne of the Virginia circuit court had determined the primary employment location for Orr and other players was Virginia, leading him to grant Orr's TRO until January 7, 1994. The District Court, presided over by Judge Joyce Hens Green, denied the NFLPA's motion for a TRO, agreeing with Judge Horne's findings and the arguments presented by the Redskins. The criteria for granting a TRO include a substantial likelihood of success on the merits, irreparable injury without relief, no harm to other parties, and public interest favoring the order. The court concluded that the NFLPA did not demonstrate a likelihood of success and that any potential injury to the NFLPA was outweighed by the possible harm to the Redskins and the broader public interest, noting that if the TRO were granted, the Redskins could risk forfeiting their game against the Minnesota Vikings. Irreparable injury would result to the public, third parties, and the Redskins if the actions in question occur, as stated by the Redskins, the NFL, and John Kent Cooke. The Redskins' game against the Minnesota Vikings on New Year's Eve is the only broadcast scheduled for that day and is expected to generate significant revenue for the NFL, with an anticipated sell-out crowd of 55,000 and millions watching on CBS. Additionally, the playoff chances of the Minnesota Vikings and their competitors could be adversely affected if certain Redskins players are suspended, resulting in an uncompetitive game due to either a forfeit or a weakened team. The court denied the National Football League Player's Association's motion for a temporary restraining order, citing the plaintiff's inability to demonstrate a substantial likelihood of success and the potential for extraordinary injury to other parties and the public interest. There will be no stay of the order, and the plaintiff must inform Judge Hogan of its intentions regarding the case by January 5, 1994. The NFL was permitted to intervene as a party-defendant with the consent of all parties.