Skip to content
Eagles
Link copied to clipboard

NFL, players go back to court; Goodell wants HGH testing

After weeks of sparring, the NFL and its players step into court this week for round one of their legal heavyweight fight, each hoping to score a telling early blow.

NFL commissioner Roger Goodell wants the league's drug testing program to include Human Growth Hormone. (Gail Burton/AP file photo)
NFL commissioner Roger Goodell wants the league's drug testing program to include Human Growth Hormone. (Gail Burton/AP file photo)Read more

After weeks of sparring, the NFL and its players step into court this week for round one of their legal heavyweight fight, each hoping to score a telling early blow.

The federal court hearing Wednesday won't provide a final resolution, but Judge Susan Richard Nelson's decision would leave the first imprint on a case that could greatly tip the scales in negotiations.

And her decision could open the door to player movement, even if briefly.

The players are seeking an injunction to lift the NFL lockout and force the league to resume business. This could be critical to the Eagles, who would benefit from a chance to trade backup quarterback Kevin Kolb before the draft that begins on April 28. NFL owners, though are arguing on several grounds that their lockout should remain in place, which would keep a freeze on player movement.

"It's a big deal for both sides," said Gary Roberts, dean of the Indiana University School of Law in Indianapolis.

A decision isn't expected until next week or later, though, and another series of legal moves, including appeals, would follow.

As the focus turns to the courts, NFL commissioner Roger Goodell said Monday the league will insist that its next labor deal includes testing for human growth hormone. Goodell said he thinks players "recognize the importance of" the tests. Human growth hormone is banned by the NFL, but the league doesn't test for it.

The HGH issue will probably be part of negotiations, whenever they resume, but actual talks have been on hold while owners and players both eyed Wednesday's hearing. A win for either side that survives an appeal will drastically alter negotiating leverage.

Fans could see trades, free agency and other NFL business resume if Nelson, sitting in St. Paul, Minn., sides with the players and issues an injunction.

If the ruling holds up, owners would be left with the prospect of writing paychecks this fall even as the players brought an anti-trust suit against the league, alleging that any work rules imposed would be a violation.

Owners would have incentive to compromise before then.

"The owners will be at such risk, and the players will be at virtually no risk at all," Roberts said.

But the league would try to keep the work stoppage in place by asking for an immediate stay of Nelson's ruling and appealing the decision. If either move is successful, it would slap the lockout back on - though the appeal could take weeks, potentially opening a window for player movement.

A final decision leaving the lockout in place would crush a major piece of the players' legal platform, leaving them facing lost pay and financial pressure to cave. They might still try an anti-trust claim, but the case could take years, while paychecks would go missing in September.

Players would also appeal a loss.

Wednesday's hearing will be the first formal action involving the league and its players since labor talks broke down March 11 and left a cloud hanging over America's most popular sport.

The uncertainty will continue: appeals could last into May, Roberts said.

Nelson has built a reputation as a judge who urges compromise, and she could try to begin another round of mediation. But both sides have been down that road already, and emerged firing legal elbows.

Follow him on Twitter at twitter.com/JonathanTamari.