An expedited court schedule is needed to preserve the potential of a 2019 NASL season, as the league seeks to force a scheduling meeting sometime this week in order to guarantee 2018 court date.
A scheduling conference is already expected sometime in June, with a likely December trial date. NASL and its attorneys are seeking to firm up a meeting this week. The argument is simple: time is of the essence, as a 2019 NASL season will requires months of prep in arranging teams, sponsors and stadium times. This, of course, assumes that NASL wins its lawsuit against the U.S. Soccer Federation and MLS; a loss would pretty much kill the league. From Law360:
Having already lost the 2018 season, the NASL argued that the case should be expedited to avoid more harm.
“Here, in light of Judge Brodie’s finding that NASL has established irreparable harm — subsequently confirmed by the cancellation of NASL’s 2018 season, and its loss of many of its member teams — an expedited hearing date is warranted to set an appropriate case schedule as soon as possible, so that NASL will have an opportunity to prove its legal case and potentially avoid suffering further irreparable harm from having to cancel its entire 2019 season as well.”
Showing irreparable harm, however, is not enough to prevail on the antitrust issues raised by NASL. Indeed, under the Sherman Antitrust Act, the NASL must demonstrate unreasonable restraint of trade — the entire point of the court proceeding. The league must show that U.S. Soccer Federation conspired with MLS to irreparably harm the NASL by demoting it to Division III and raising USL to Division III status, while professional league standards (PLS) prevent NASL from reaching Division I status.
Image courtesy NASL.
RELATED STORIES: USSF: Thanks, But No Thanks to Commisso $500M NASL Revival Offer; NASL Adds MLS to USSF Lawsuit; NASL Scraps 2018 Season; Three Teams to NASL; NASL Appeal of USSF Demotion Denied; Legal Battle Between NASL, U.S. Soccer Intensifies; Jacksonville Armada Shifts to NPSL, But Doesn’t Quit NASL; NASL Moves to International Soccer Calendar; Best of 2017, #2: Trials and Tribulations of NASL; NASL Appeal to be Heard Friday; Miami FC in Limbo as Decision on NASL Awaits; Bad News for NASL: Deltas, FC Edmonton Close Shop; North Carolina FC Departs NASL for USL; Palmer: Jacksonville Armada Without a League; San Francisco Deltas Uncertain for 2018; NASL to Appeal Legal Defeat on 2018 Division II Status; NASL Lawsuit Fails to Retain Division II Status for 2018; NASL Preliminary Injunction Hearing Set for Tuesday; NASL Lawsuit Alleges That SUM Tried to Shut Down Cosmos; Commisso Blasts US Soccer’s Gulati, Calls for Resignation; NASL Calls for Preliminary Injunction to Survive; NASL Lawsuit Challenges US Soccer Over Loss of Division II Status; USSF Will Not Extend NASL’s Division II Status into 2018