The "Clarett" decision
Posted: 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.
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.