Legal Opinion
Clarett v. National Football League
District Court, S.D. New York
Decided February 11, 2004No. 03 Civ.7441 SASPublishedCited by 1 opinion
1Opinion of the Court
OPINION AND ORDER
SCHEINDLIN, District Judge.
The National Football League (“NFL”) is seeking a stay of the Court’s Opinion and Order dated February 5, 2004, granting summary judgment to Maurice Clar-ett. 1
Absent special circumstances not present here, “[ajpplication for a stay of the judgment or order of a district court pending appeal ... must ordinarily be made in the first instance in the district court.” 2 “A party seeking a stay of a lower court’s order bears a difficult burden.” 3 In this Circuit, four criteria are relevant in determining whether to issue a stay pending appeal:(1)…
2Cases cited12 opinions
- Atlantic Richfield Co. v. USA Petroleum Co.Supreme Court of the United States · 1990
- National Collegiate Athletic Ass'n v. Board of Regents of the University of OklahomaSupreme Court of the United States · 1984
- Brown v. Pro Football, Inc.Supreme Court of the United States · 1996
- Mohammed v. RenoCourt of Appeals for the Second Circuit · 2002
- United States v. Private Sanitation Industry Association of Nassau/suffolk, Inc., Nicholas FerranteCourt of Appeals for the Second Circuit · 1995
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3Cited by1 opinion
- Maurice Clarett v. National Football LeagueCourt of Appeals for the Second Circuit · 2004