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BRADY v. NATIONAL FOOTBALL LEAGUE

No. 11-1898.

644 F.3d 661 (2011)

Tom BRADY; Drew Brees; Vincent Jackson; Ben Leber; Logan Mankins; Peyton Manning; Von Miller; Brian Robison; Osi Umenyiora; Mike Vrabel; Carl Eller; Priest Holmes; Obafemi Ayanbadejo; Ryan Collins; Antawan Walker, individually, and on behalf of all others similarly situated, Appellees, v. NATIONAL FOOTBALL LEAGUE; Arizona Cardinals Football Club, LLC; Atlanta Falcons Football Club, LLC; Baltimore Ravens Limited Partnership; Buffalo Bills, Inc.; Panthers Football, LLC; The Chicago Bears Football Club, Inc.; Cincinnati Bengals, Inc.; Cleveland Browns Football Company LLC; Dallas Cowboys Football Club, Ltd; PDB Sports, Ltd., doing business as The Denver Broncos Football Club, Ltd.; The Detroit Lions, Inc.; Green Bay Packers, Inc.; Houston NFL Holdings, L.P.; Indianapolis Colts, Inc.; Jacksonville Jaguars, Ltd.; Kansas City Chiefs Football Club, Inc.; Miami Dolphins, Ltd.; Minnesota Vikings Football, LLC; New England Patriots L.P.; New Orleans Louisiana Saints, L.L.C.; New York Football Giants, Inc.; New York Jets LLC; The Oakland Raiders, L.P.; Philadelphia Eagles, LLC; Pittsburgh Steelers LLC; The St. Louis Rams LLC; Chargers Football Company, LLC; San Francisco Forty Niners, Limited; Football Northwest LLC; Buccaneers Limited Partnership; Tennessee Football, Inc.; Pro-Football, Inc., Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: July 8, 2011.

Attorney(s) appearing for the Case

Paul D. Clement , argued, Washington, DC, Gregg H. Levy , Benjamin C. Block , Washington, DC, David Boies , William A. Isaacson , Armonk, NY, Daniel J. Connolly , Aaron Daniel Van Oort , Minneapolis, MN, on the brief, for appellant.

Theodore Olson , argued, Washington, DC, Andrew Tulumello , Scott P. Martin , Travis D. Lenker , John F. Bash , Washington, DC, James W. Quinn , Jeffrey L. Kessler , Bruce S. Meyer , David G. Feher , David L. Greenspan , New York, NY, Barbara P. Berens , Justi Rae Miller , Timothy R. Thornton , Minneapolis, MN, on the brief, for appellee.

Shepard Goldfein , James A. Keyte , Elliot A. Silver , New York, NY, on the amicus brief filed by National Hockey League in support of Appellants.

Robin S. Conrad , Shane B. Kawka , Stephen B. Kinnaird , Neal D. Mollen , Zachary D. Fasman , Washington, DC, on the amicus brief filed by The Chamber of Commerce of the United States of America in support of Appellants.

Stephen F. Ross , University Park, PA, Daniel R. Shulman , Minneapolis, MN, on the amicus brief filed by Sports Fans Coalition in support of Appellees.

Donald M. Fehr , Toronto, Canada, G. William Hunter , Michael S. Weiner , New York, NY, Steven A. Fehr , Donald R. Aubry , Kansas City, MO, on the amicus brief filed by Major League Baseball Players' Association, National Hockey League Players' Association and National Basketball Players' Association in support of Appellees.

Mark T. Stancil , Donald Burke , Washington, DC, on the amicus brief filed by Elected Officials and Small Business Owners in support of Appellees.

Professor Barak D. Richman , Durham, NC, on the amicus brief filed by The National Football League Coaches Association in support of Appellees.

Before BYE, COLLOTON, and BENTON, Circuit Judges.

COLLOTON, Circuit Judge.

This appeal arises from an action filed by nine professional football players and one prospective football player ("the Players") against the National Football League and its thirty-two separately-owned clubs, more commonly known as football teams (collectively, "the NFL" or "the League"). On March 11, 2011, a collective bargaining agreement between the League and a union representing professional football players expired. The League had made...

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