Another NFL season ready to start

September 8, 2011

NFL legal battleground


The NFL kicks-off tonight as the 2011 season begins on time. Just a few months back there was some doubt if there would even be a season.  But cooler heads prevailed and a new CBA was reached back in July. Though  the lawsuits filed by the NFLPA in Minneapolis during the CBA battle have been settled, one thing you can count on with the NFL is that more lawsuits will be filed down the road. We may not know who the parties will be or even the issues, but there will be more legal battles involving the NFL coming up.

Just like the NFL's great history on the gridiron, there is a history in the court room as well. Whether it is Al Davis and the Oakland Raiders suing the league, coaching greats George Allen and George Halas battling with each other, Reggie White and his suit against the league, or even the recent Super Bowl ticket holders claims against the NFL, the NFL always provides legal drama,  as well as football drama. So with the legal history of the NFL in mind, we thought today would be a good day to go back in the time machine to 1986 and take a look at the USFL and its suit against the NFL.

The following post originally appeared on SLT in August of 2009

A few weeks back (see blog of August 5, 2009) we spoke of the demise of the Arena Football League. At that time we reminisced about the United States Football League (USFL) and its eventual collapse. We briefly touched upon the antitrust suit brought by the USFL against the NFL, and we promised to return to the topic, and here we are.

After the USFL’s second season, which by the way was in the spring and not in direct competition with the NFL, the USFL owners decided to file a lawsuit against the NFL and its teams. Also, included as a defendant was NFL Commissioner Pete Rozelle. Of note was the one NFL team owner not named as a defendant, Al Davis, owner of the Oakland Raiders. Al Davis was to testify for the USFL and against the NFL during the trial, thus gaining exclusion as a defendant.

The case was brought in the Southern District of New York before Judge Peter Leisure. The USFL centered its case around two main issues. First, the USFL claimed the NFL exerted its power on the three major networks; CBS, ABC, and NBC, not to televise the USFL in the fall. Next, the USFL maintained that there was a presentation by a Harvard professor named Michael Porter on how to squash it’s competition from the USFL. The presentation was for NFL executives and the USFL felt that it was their smoking gun.

The trial lasted for 48 days during the summer of 1986. Among the witnesses were Howard Cossel, NFL Commissioner Pete Rozelle, and Donald Trump.

Flamboyant attorney Harvey Myerson took the lead for the USFL in the case and delivered a strong closing statement. At the time it appeared the USFL would prevail in the case, but when the verdict came in on July 29, 1986 the NFL, although declared a monopoly, came up with the victory. The jury awarded the USFL one dollar, and with triple damages the total award became three dollars.

The jury felt the USFL did not follow through on it’s original vision of building a strong league through a loyal fan base and providing entertaining football in the spring. It seemed that the jury was telling the USFL that it wanted too much too soon. Donald Trump as much as admitted this over the years. So even though the NFL was, and for that matter still is, a monopoly, the USFL’s problems were not so much caused by the NFL but by the mismanagement of the USFL owners.

 

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