COLUMBUS, Ohio -- Despite another setback, former Ohio State
running back Maurice Clarett is continuing his legal fight for a
chance to play in the NFL next season
Clarett's attorney Alan C. Milstein told ESPN's Sal Paolontonio on Monday that he would file a motion for the case Tuesday to be heard before the entire U.S. Court of Appeals for the 2nd Circuit in Manhattan.
Milstein declined further comment to The Associated Press on Tuesday, other than to say he was preparing the brief.
The next appeal would be before the entire 12-judge panel.
Should Clarett lose that battle, he could appeal to the U.S.
An appeals court said Monday that federal labor policy allows
NFL teams to set rules for when players can enter the league.
The decision by the 2nd U.S. Circuit Court of Appeals was
consistent with the appeals court's refusal last month to permit
the former Ohio State running back into the NFL draft.
A lower court judge in February ruled Clarett eligible for the
draft. It said the NFL was violating federal antitrust laws by
blocking Clarett's entry into his profession with a rule barring
eligibility until a player was three years out of high school.
Clarett is only two years out of high school.
After the appeals court blocked Clarett's entry, saying it
believed it would rule against him, the 20-year-old athlete sought
help from the U.S. Supreme Court. Two justices turned him down.
On Monday, the appeals court said Clarett was "no different
from the typical worker who is confident that he or she has the
skills to fill a job vacancy, but does not possess the
qualifications or meet the requisite criteria that have been set."
It said ruling in favor of Clarett would be deciding that
professional football players were entitled to advantages under
federal labor laws that transport workers, coal miners or meat
packers do not enjoy.
The draft was held on April 24-25, and Clarett was ineligible
for it. This ruling means he will not be eligible for a
supplemental draft and will have to wait for the 2005 draft.
A victory by Clarett would have helped another college player: wide receiver Mike Williams of Southern California, who also tried to enter the draft despite the three-year rule.
Williams' agent, Michael Azzarelli told ESPN on Monday that he will file a separate lawsuit against NFL in Tampa alleging the NFL encouraged Williams to make himself eligible for the draft.
Azzarelli has said that Williams' NFL eligibility should be considered separately from Clarett's because he entered the draft only after the league set a new deadline for previously ineligible players in the aftermath of the ruling that made Clarett eligible.
NFL officials have said they will keep Williams out of the league along with Clarett if they're legally able to do so because they warned Williams before he entered the draft that they would attempt to overturn the decision and would rule Williams ineligible if they were able to reverse the decision.
NFL Executive Vice President Jeff Pash said in a statement that
the appeals court ruling Monday "leaves no doubt that legal
challenges to the NFL's long-standing eligibility rules have no
"We are grateful for the court's prompt attention to our
appeal, but not at all surprised by the result, which represents a
complete victory for the National Football League," he said.
In its Monday ruling, the appeals court said Clarett's case was
not an instance "in which the NFL is alleged to have conspired
with its players union to drive its competitors out of the market
for professional football."
The lawsuit instead "reflects simply a prospective employee's
disagreement with the criteria, established by the employer and the
labor union, that he must meet in order to be considered for
Williams forfeited his college eligibility when he signed with an agent.
Southern Cal coach Pete Carroll said the school will seek the All-American's reinstatement.
"We've been preparing for this outcome for a while," Carroll
said. "Mike was aware of this possibility. He'll now look to get
reinstated into college by the NCAA. The process is underway, but
it will take a while.
"We're counting on the NCAA to understand the uniqueness of
this situation and give Mike the opportunity to come back to
Clarett rushed for 1,237 yards and 16 touchdowns as a freshman
in 2002, leading the Buckeyes to the national championship. He was
suspended before the 2003 season for accepting money from a family
friend and lying about it to NCAA and Ohio State investigators.
He also pleaded guilty in January to a misdemeanor after
exaggerating the value of items stolen from a car he borrowed from
a Columbus used-car dealer. He was fined $100.
Information from The Associated Press was used in this report.