The "Clarett" decision

Wingman · Post by **Wingman** » Tue Apr 20, 2004 7:15 pm

Here is the actual decision handed down Monday by the United States Court of Appeals for the Second Circuit, in the matter of Maurice Clarett (Plaintiff, Appellee) v. National Football League (Defendant, Appellant):

We reserve decision on the merits of this appeal. A decision and opinion will follow.
Appellant's motion for a stay pending resolution of this appeal having been denied by the district court, appellant has moved before this Court for a stay pending the outcome of this appeal of the district court's opinion and order declaring appellee eligible to participate in the 2004 NFL draft. "Four criteria are relevant in considering whether to issue a stay of an order of a district court... pending appeal: the likelihood of success on the merits, irreparable injury if a stay is denied, substantial injury to the party opposing a stay if one is issued, and the public interest." [Precedent-setting case noted].

Appellant has demonstrated a likelihood of success on the merits. And any potential harm done to the appellee by granting this motion to stay is sufficiently countermanded by the strength of the other factors weighing in appellant's favor. ... Appellant's agreement to hold a supplemental draft for the appellee and all others similarly situated also mitigates any harm to the appellee in the event of his ultimately prevailing in this appeal. A stay is thus warranted to safeguard appellant from harm and ensure meaningful review of the issues presented by this appeal.

Upon due consideration, it is hereby ORDERED that appellant's motion for a stay pending the resolution of this appeal is GRANTED, effective immediately.

-special thanks to FOX Sports.

1niksder · Post by **1niksder** » Tue Apr 20, 2004 9:37 pm

Clarett hasn't given up

COLUMBUS, Ohio (April 20, 2004) -- Maurice Clarett filed an emergency appeal with the U.S. Supreme Court to try to force his way into the 2004 NFL Draft, which will be held April 24-25.
Clarett's attorney, Alan Milstein, asked for a stay of a decision by the 2nd U.S. Circuit Court of Appeals preventing the former Ohio State tailback from entering the draft.

The April 19 decision put on hold a lower-court ruling that said the NFL can't force players to wait three years after high school before turning pro.

Justice Ruth Bader Ginsburg will handle the case

Chris Luva Luva · Post by **Chris Luva Luva** » Tue Apr 20, 2004 10:45 pm

I hope he doesn't get to participate. He's just looking for a scapegoat to pick up the slack for his mistakes. He needs to suffer the consequences for his wrong doings, and selfishness.

CVGVIKE · Post by **CVGVIKE** » Wed Apr 21, 2004 7:12 am

Clarett will regret it if he is able to be in the draft. For one, he won't be a high selection and two he will find out really quick that he should have stayed at Ohio State. It seems he doesn't have the maturity to play in the NFL..at least not yet. The courts and the NFL are doing him a big favor by not allowing him to enter the draft.

redskinz4ever · Post by **redskinz4ever** » Wed Apr 21, 2004 11:00 am

its also helping our favorite sport from turning into a watered down league like the nba. that league is just not very good anymore,skill levels are just not there.but thats what happens when you allow kids who are not ready for the game or that kind of money and lifestyle.REDSKINZ4EVER!!!

redskincity · Post by **redskincity** » Wed Apr 21, 2004 1:17 pm

redskinz4ever wrote:its also helping our favorite sport from turning into a watered down league like the nba. that league is just not very good anymore,skill levels are just not there.but thats what happens when you allow kids who are not ready for the game or that kind of money and lifestyle.REDSKINZ4EVER!!!

....You again.... The league is watered down from college kids. The ones that are skipping college are the instant success stories. Garnett, Kobe, Lebron, Kemp, Stoudimire hell even Kammee Brown when they let him play. Rookie of the year Lebron who skipped college. Last year rookie of the year Soudimire he also skipped college.

Please study before you speak.

INMO free agency water down the leagues. The rules not the players

redskinz4ever · Post by **redskinz4ever** » Fri Apr 23, 2004 11:29 am

who died and made you god!!!!!!!!!!last time i checked you are not in charge.you say what you want i think the nba has changed in the last ten years skill wise.you don't like my post don't f'in read em!!!!REDSKINZ4EVER!!!

Wingman · Post by **Wingman** » Fri Apr 23, 2004 6:53 pm

lets play nice now, fellas