If the case goes to conclusion, I believe Judge Engelmayer will rule that the lockout will no longer be valid if the NHLPA commits to having its members refrain from union representation for a year. I also predict Judge Engelmayer will rule that all pending contracts are valid and enforceable. I expect him to reason that the owners made a business calculation in entering the contracts when they realized the new CBA negotiations could be unsuccessful, and that in the absence of a specific exclusion, the owners are bound by the terms of the contracts.
Both sides are taking an enormous risk—a risk vastly beyond the differences that separate them. Either side's last best offer, while not perfect, was well within the range of reason and was far superior to the extensive loss of revenue and brand destruction that has occurred throughout the lockout and since these last best offers. Consequently, there is no logical explanation for the conduct of either side. As such, Judge Engelmayer is likely to see both sides as being unreasonable and stubborn. It has been my experience that when judges—and especially Federal Judges—find both sides to be intransigent, they bring to bear the full majesty of their judicial powers.