Categories: Sports Disputes

Former NFL Agent Loses Case Over Three Year Rule

NFL agents seeking to check the power of the NFL Players Association (NFLPA) will want to think twice after a September 26 order handed down by the U.S. District Court in Massachusetts.

The order granted the NFL and NFLPA request to dismiss a lawsuit previously brought by former NFL agent James Dickey, who was upset that the NFLPA had a rule requiring agents to negotiate at least one NFL team deal for every three year period in order to stay certified to represent NFL players (the Three Year Rule).

Dickey originally claimed that the Three Year Rule is unreasonable, and that the NFL and NFLPA have created artificial barriers to hamper and inhibit minority agents from competing fairly in the industry.

U.S. District Judge Indira Talwani did not buy what Dickey was selling. Judge Talwani noted that the collective bargaining agreement between NFL players and clubs provides that the NFLPA will regulate the conduct of agents and considered the collective bargaining agreement in deciding the motions to dismiss.

Dickey’s antitrust violation claims and state law claims all failed as a matter of law.

Darren Heitner @DarrenHeitner

Darren Heitner is the creator of The Sports Biz. He is the owner of the South, Florida-based HEITNER LEGAL, P.L.L.C., which is a law firm that focuses on transactional, intellectual property and litigation work with a heavy emphasis on sports and entertainment issues. He is also the founder of Sports Agent Blog and an author of 2 books published by the American Bar Association -- How to Play the Game: What Every Sports Attorney Needs to Know (1st and 2nd Editions). Heitner contributed to Forbes and Inc. for many years.

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