If a preliminary injunction isn’t granted to allow the North American Soccer League to continue as a Division Two league, the circuit “will likely cease to exist within weeks,” according to its opening brief filing in the U.S. Court of Appeals for the Second Circuit Monday.
The NASL’s 68-page filing argued why the court should overturn the U.S. District Court’s ruling that the U.S. Soccer Federation denied it D2 sanctioning for 2018.
There was nothing earth-shattering in the brief.
Here are some points that the league was asking the appeals court to rule on:
* The District Court erred requiring the league to satisfy the governing regulations of D2 standards.
* The NASL’s request for a preliminary injunction should not have been subject to a higher standard. It claimed the district court used the wrong legal test in assessing what the “status quo” was.
* The league argued that the district court did not consider the second test — “extreme or very serious damage.”
* The NASL argued that the court made an error in failing to rule that the NASL had proven there was a conspiracy to restrain trade because Soccer United Marketing, Major League Soccer and the federation had a conflict of interest.
* The league claimed the district court erred in holding that to find a “concerted action” against the NASL in applying the professional league standards.
* The NASL argued that the court did not apply several aspects of antitrust law in a correct manner.
The NASL’s request for a preliminary injunction was denied Oct. 31 by Judge Margo K. Brodie for the U.S. District Court for the Eastern District of New York.
The USSF’s response is due Tuesday, Nov. 21. The league will get a reply brief that is due Monday, Nov. 27.
An exact date for the case has not yet been for the appeal, although it could take place as early as the week of Dec. 11. That date is subject to the approval of the presiding judge in the case.
The NASL completed its 2017 Sunday as the San Francisco Deltas defeated the Cosmos, 2-0, in The Championship game at Kezar Stadium.