Ruling leaves open possibility for NFLPA to file injunction

Friday's ruling by the 8th U.S. Circuit Court of Appeals declaring that the NFL lockout remains in place came as no surprise to either party and multiple sources on both sides said it should not derail the negotiating process to any degree. 

Negotiations in New York continue and the sides remain cautiously hopeful they can resolve the remaining hurdles within the next week, though there are no guarantees.

However, according to legal sources who have read Friday's ruling, the language from the 8th U.S. Circuit Court creates an opportunity for the NFL Players Association to file another expedited injunction seeking additional rights for rookies and free agents not under contract. And, according to a high-placed source within the NFLPA, the players would file that injunction if a labor agreement is not struck in short order.

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The NFL would not be permitted to appeal any ruling by U.S. District Judge Susan Richard Nelson regarding a new injunction for rookies and free agents, according to lawyers who have read Friday's decision. The wording of Friday's decision says that injunction, if sought, would be legal.

Friday's ruling contains language that leaves open the specific rights "free agents and rookies" possess under the lockout. Rules of the NFL lockout prohibit any contact between players and teams regarding virtually all matters and explicitly contract negotiations are deemed illegal. According to the 8th U.S. Circuit Court's ruling, those issues "should be addressed by the district court in the first instance."

According to the NFLPA source, the potential injunction on rookies and free agents that would be filed with Judge Nelson would be for the right for those players to immediately negotiate and sign deals.

Thus, the players could return to Judge Nelson's court in Minnesota and seek a separate injunction on the lockout, limited to rookies and free agents, based on the contention that those not under contract have the right to engage in contract talks with potential employers in the NFL. Given that Judge Nelson previously declared the lockout itself illegal, her interpretation would seemingly side with the players, and an expedited decision could come within a matter of weeks after filing, the NFLPA believes.

If there is not an agreement reached between the NFL and the players on a new labor deal in the short term, then the players "would seek an injunction right away," according to the source. However, as always, one would expect an appeal to be involved and the 8th U.S. Circuit Court has taken a different view of things than Judge Nelson to this stage. But it's the NFLPA lawyer's interpretation of Friday's decision by the 8th U.S. Circuit Court, based on the wording of the ruling, that such an injunction would be legal and not subject to appeal.

The timing of an injunction, and any subsequent appeal, could become complicated and, right now, it's the threat of losing preseason games and real revenue and paychecks -- not court decisions -- driving the urgency with labor talks. Friday's ruling doesn't change that, and the only chance to start a preseason and regular season on time continues to come from the bargaining table, and nowhere else.

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Possibility of holdouts could further stunt growth of rookies

One of the byproducts of the NFL's work stoppage has been additional challenges for rookies, who have no income or coaches to help ease them into the league. There is also the matter of signing contracts, which looms as a major issue once the lockout reaches its conclusion.

"If we go back to a system like we've had, there could definitely be holdouts," a general manager said.

That, in turn, could further dampen projections of No. 1 overall pick Cam Newton (Panthers) or Tennessee's Jake Locker (No. 8) or other key prospects expected to contribute from Day One. Although teams like Carolina, Minnesota, Tennessee and Cincinnati planned to add a veteran through trades or free agency to support their rookie quarterbacks, the importance of signing an experienced QB would be ratcheted up significantly if there are holdouts.

If Bengals wide receiver A.J. Green isn't signed early, that might improve the odds that Chad Ochocinco returns. Tackle Tyron Smith could leave Dallas in a pinch -- the Cowboys would owe veteran right tackle Marc Colombo a $2.6 million roster bonus on the 15th day of the league year and a base salary of $2 million if he makes the final roster -- if his contract talks stall.

What type of system emerges with a new labor agreement will determine the probability of possible holdouts. Team officials and agents were more inclined to think there will be some type of rookie wage scale that could come in exchange for more money being afforded veteran players and a return to unrestricted free agency after four seasons.

The players don't seem overly reluctant to compromise on the owners' wishes to reel in the massive guaranteed bonuses of rookie players, mainly those at the top end of the draft. Last season's No. 1 overall pick, Sam Bradford, was guaranteed $50 million -- more than many established players will make in their careers.

If a rookie system is implemented, then a slotting system could be formed and most of the negotiating and guesswork would be taken out of the process and rookies -- most notably the highly-paid top 10 draftees -- could be signed almost immediately.

"There might be a few loopholes with a system like that, but most of the negotiating would be taken out of contract talks," an agent for a top 10 draft pick said.

"If that type of deal is in place, it could be pretty simplistic," an NFC general manager said.

No one knows -- at least not those who work for the owners nor the agents who represent the players. One agent agreed with the general manager that if there is no rookie wage scale, contract talks could take weeks and keep players away from the coaching they've already missed.

Two general managers said their teams were eager to get deals done and assumed that agents were as well -- and not just with drafted rookies. One GM said that once football is back in business, the flurry to sign undrafted rookies is going to be intense and could be over as quickly as an hour or two for most teams.

One team has planned to enlist more people from its personnel department than usual to work the phones to acquire undrafted rookies so higher-ranking front office people can work on signing or arranging visits for veteran free agents. Signing draft picks would come after those priorities were exhausted, the GM said.

GMs and their coaches and personnel staffs feel like they're prepared for any and every situation.

"We've gone through what seems like thousands of scenarios," Vikings vice president of player personnel Rick Spielman said, echoing remarks made by coaches and GMs throughout the NFL. "If there's a cap, no cap, pretty much whatever. We've been prepared for most of these scenarios for months."

Players, especially veterans, likely would be eager to get into the building as soon as possible since so many of them have workout bonuses, one GM said. Depending on when a deal gets done, that GM surmised that most of the players who have those bonuses would be in position to earn them.

Teams also want players to report as soon as possible so they can get physicals on players. Teams want to find out what type of shape players are in but also determine if any of them sustained new injuries during the offseason, several GMs said. Teams have not been able to have contact with players during the lockout, so if someone got hurt, teams could be in the dark. Gauging the status of players with prior injuries also has teams anxious.

"It will be a lot different than we've dealt with before," Spielman said. "Stuff we've done in a six-month period will be done in a week."

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Lombardi sees possibility of Kolb in Cleveland -- at a price

The Kevin Kolb rumor mill has the Philadelphia Eagles trading the quarterback to the Arizona Cardinals. Or the Seattle Seahawks. Or the San Francisco 49ers.

Or the Cleveland Browns? NFL Network insider Michael Lombardi believes it's a possibility.

"I'm not buying the Colt McCoy love affair going on in Cleveland," Lombardi said Thursday on KTAR-AM in Phoenix. "I don't know how you can have the love affair. I know he's played well, but they managed him in the game, and there were some moments where he really didn't play as well."

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McCoy, a third-round pick in 2010, started eight games for the Browns last season after Jake Delhomme and Seneca Wallace were injured. McCoy went 2-6, passing for 1,576 yards and six touchdowns with nine interceptions, and he has taken a leadership role by organizing player workouts this offseason.

The Plain Dealer later cited a league source in reporting that the Browns won't pursue Kolb, but Lombardi pointed out Thursday that they hold the biggest card in the sweepstakes: the 2012 first-round pick they acquired in last month's draft-day trade with the Atlanta Falcons.

Not that the Browns should surrender that pick in exchange for Kolb, who has started just seven games in four NFL seasons and thrown for 2,082 yards and 11 TDs with 14 interceptions.

"It's hard to watch tape on Kevin Kolb and think he's worth a first-round pick," Lombardi said. "So it's going to require somebody selling him in the building, and somebody has to know him."

Lombardi noted that "somebody" could be Browns general manager Tom Heckert, who knows Kolb from their days together in Philadelphia. And the Browns would have to rely on that relationship, not what's on film.

"When you study the tape on Kevin Kolb, it's not overly impressive," Lombardi said. "... It's very disappointing at times. And I think really -- I know Philadelphia doesn't like me when I say this -- but I think ultimately ... Philly would have been a 7-9 team, if he did have to play. If it wasn't for Michael Vick, it would have been bad."

Talk about Kolb, who lost his starting job to Vick last year, has dominated the NFL offseason. The latest on the subject came from Eagles coach Andy Reid, who said Tuesday that the team doesn't have an agreement to trade Kolb once the NFL lockout ends, as rumored.

Reid did confirm that several teams have inquired about Kolb, who has started seven games in four NFL seasons and thrown for 2,082 yards and 11 TDs with 14 interceptions.

"You don't know how serious they are, because in the National Football League, nothing happens until it has to happen," Reid said. "You have an idea of who's interested in quarterbacks ... but you couldn't do any deals then. You never got to that point where it's real serious; it was too far in advance. And you can't talk at all now. So, if he ends up going somewhere, more power to him, he deserves that opportunity. But I also like him here."

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