'87 Chronology-Role Reversal

Event Date: August 11th, 1987

Event Description: NFL Starts Appeal Process

Source: Courier Express

National Football League attorney Jack Fiske began an appeal process Wednesday that said he hopes forces the court to overturn the verdict of the NFL-USFL antitrust trial.

Judge Peter K. Leisure told Fiske post-trial briefing that he will consider the NFL's motion related to the verdict Sept. 3 in U.S. District Court. Preliminary papers are due Aug. 15.

NFL Commissioner Pete Rozelle, calling the verdict "convoluted, distorted and crazy," said the league will continue to litigate the jurors decision to award the USFL $100 million. 

USFL attorney Harvey Myerson said the NFL should be penalized, "not exonerated" for violating an antitrust law. "We will continue to seek restitution," he said.

Fiske said he will produce video tapes from newscasts that show at least two jurors saying they wanted to award the USFL no money, but that they misunderstood Leisure's instructions.

Juror Bernez Stephens wanted to give the USFL just $1 million but voted for the $100 million award. Judges can reduce monetary awards if they choose to do so.

"Those jurors believed the court would award the proper damages, which would be appropriate" Fiske said.

Myerson said Stephens' explanation of her misunderstanding of the judge's charge was revealed through pressure from the media.

Myerson said the jurors had plenty of opportunity to ask the judge questions about awarding damages during deliberations -- and so did Fiske. 

Juror Margaret Lilienfeld said Wednesday, "There was never any intention of this award being set in stone. I felt that the USFL damaged itself and that we should award them minor damages. Some of us knew exactly what we were doing."

Although legal sources say the NFL's options are limited now that the jury has spoken, Fiske said he has four legal avenues to pursue: (1) He can ask Leisure for a new trial only on the damages, which he is inclined to do; (2) ask for an entirely new trial; (3) ask the judge to set aside the verdict and make his own ruling; (4) or appeal the damages to a higher court, which could take months.

Source: (UPI Story Modified/Juxt)