"Obviously we agree with the judge's initial decision that the suspensions were improper, and we think that the most recent decision reflects the judge making a determination at this stage of the process that is improper, " said David Cornwell, who represents Smith, Grant and McAllister, who was released by the Saints in mid-February. "We would expect the 8th Circuit to agree with our position.

"But more importantly, the fact that this is going back and forth in litigation with both sides having essentially gotten a pound of flesh from the other, it's important to Charles, Deuce and Will that the parties, meaning the Players Association and the NFL, keep in mind that they are real men and real issues being affected by this litigation."