Judge unseals report but won't freeze $4B in NFL TV money

If anyone expected U.S. District Judge David Doty to issue a quick ruling Thursday in favor of the players' union and its efforts to freeze $4 billion in television revenue, well, the judge executed a perfect play fake.

Saying he did not want to put his "thumb on the scales" of labor negotiations between the National Football League and the NFL Players Association, Doty said he would rule later regarding the union's appeal of an earlier decision by a special master.

Doty has presided over cases involving the NFL, the players' union and their collective bargaining agreements for the past 19 years. The league has previously alleged that Doty has a pro-union bias and has previously sought to have Doty removed from cases.

On Thursday, however, there was no such rhetoric. In fact, the judge seemed leery of doing anything that would shift the balance of power to one side or the other while negotiations on a new deal are ongoing.

"It appears that what you would like the court to do is put its thumb on the scales," Doty told union attorneys.

To which NFLPA attorney Jeffrey Kessler replied: "We think their violations put their thumb on the scales."

The union had asked Doty to issue an injunction, setting aside the ruling by special master Stephen Burbank, who refused earlier this month to put $4 billion in 2011 television revenue into escrow while the league and its players negotiate. The current CBA expires March 3 at 11 p.m. CST, and the NFL is expected to then impose a lockout.

That, attorneys for the union argued, was a violation of the league's agreement with its players. They said Burbank made errors in his ruling and asked the judge to set it aside.

But NFL attorney Gregg Levy told Doty that the special master's decision was appropriate and correct. He said if the judge did as the union is asking, he would be influencing negotiations in favor of the union. After the hearing, Levy said the league will have to pay back the $4 billion to television networks -- "with interest" -- if no games are played in 2011.

"This was not a gift," he said of the TV money.

Doty did rule to unseal a redacted version of the special master's report as well as related briefs. The Star Tribune and Pioneer Press had joined in the NFLPA's request to unseal those documents.

If there is a lockout, the NFL draft would go on as scheduled April 28-30, but all other activities -- including minicamps and organized team activities -- would not.