Zeke to attend hearing in Texas today per Schefter

[erod]

How does Garrett's comments even remotely prove that?

Garrett is an employee of the Cowboys. He is not a purveyor of league power at NFL Headquarters.

It shows that the Cowboys are genuinely concerned about Zeke's actions, too. He's defaming his own name and brand on his own

 

[Jake]

Nice that this needed to spill over into the regular season. Thanks, NFL, for being so on top of everything.

This is the part that annoys me most. Instead of focusing on the Giants, Zeke and the team have to deal with this garbage.

 

[dogberry]

If Zeke was suspended without pay and missed games but subsequently won his court case, who pays his lost wages the Cowboys or the NFL?

 

[Nav22]

The 4pm deadline for Harold Henderson will NOT decide whether or not Zeke plays Week 1, despite what has been reported.

The NFL can suspend him at any time.

However, Zeke would still get paid for Week 1 if the suspension decision comes after today's deadline.

Hopefully the court hearing goes well and this is all moot.

 

[Toruk_Makto]

It shows that the Cowboys are genuinely concerned about Zeke's actions, too. He's defaming his own name and brand on his own

That's not how the law works. Not how any of this works.

That would imply that anyone who alleges defamation should have exactly no one in their lives who are concerned about their actions.

Oh and the very action of defamation, should it be occurring, means that another party is ruining your reputation on the court of public opinion.

Garrett would be evidence of said action should it come to it.

 

[Sydla]

SMH

Honestly, could this also help in the hearing coming up.

Once again, the league is going outside standard practice to deal with Elliott. I mean how can you argue fairness and consistency when you are basically making the rules up as you go along and deviating from what has to date, been standard practice?

 

[Texas_Pete]

 

[dfense]

My fantasy draft is only hours away. ***?

 

[Sydla]

I have little doubt the NFL is dragging their foot on the appeal for legal purposes here.

 

[Dhragon]

NFL's playing Calvinball!

Goodell (Calvin) vs. NFLPA (Hobbes)

 

[bayeslife]

Honestly, could this also help in the hearing coming up.

Once again, the league is going outside standard practice to deal with Elliott. I mean how can you argue fairness and consistency when you are basically making the rules up as you go along and deviating from what has to date, been standard practice?

It's unreal.

 

[Verdict]

It will be lawyers arguing. NFLPA to maintain the suit and issue a prelim injunction. NFL to dismiss suit because filed too early and no irreparable harm if Zeke missses games, but will get paid. Zeke attends as client. Attendance not always required, but Zeke showing he's serious and putting subtle pressure on judge.

If I wasn't busy as hell today I would love to drive over and watch that court hearing.

 

[Verdict]

It's in the hands of that Sherman judge.

However, if Henderson doesn't get his ruling in until tomorrow (which he might do to undermine the court appointment this afternoon in Sherman), then Zeke could play this weekend and the suspension wouldn't start until Week 2.

It would be pretty easy for a judge to issue a temporary restraining order on almost anything, and in most cases its not even appealable until a final ruing on the merits. If the judge wants to do it, he can do it initially. Whether it would be upheld at a full trial on the merits, and on appeal after that is a different matter.

 

[CWR]

My fantasy draft is only hours away. ***?

Pick Zeke

 

[speedkilz88]

we've heard that before from JJ.

Jerry's original source was Kia Roberts.

 

[speedkilz88]

My fantasy draft is only hours away. ***?

Buy him if it's a clear bargain.

 

[Verdict]

The NFL isn't a court room. Article 46 gives them the ability to do whatever they want internally. That was what the attorneys said this morning.

I think Zeke's REAL concern is that another false move would get him banned for a year, and it would void the guaranteed clause in his contract with the Cowboys. He wants this stricken so he's not in that position.

That's true. The NFL isn't the courtroom and isn't bound by the same set of rules. That's not really even debatable. But its also not absolute. My guess is that one of the better attacks on the NFL is due process. That constitutionally notice and opportunity to be heard. A sham process that has no basis in fact probably doesn't satisfy due process.

In most contracts there is also some form of implied covenant of fair dealing as well. I would expect the NFLPA to argue that as well. It would be a pretty easy argument that the NFL has violated it and the NFLPA should be given a temporary injunction to do discovery on all relevant issues. That could easily get Zeke through this season and the playoffs.

The real danger for the NFL is that the courts could erode their decision making power significantly because of this case. They could also be opening themselves up if this is a witch hunt. Moreover, if the players see Zeke getting truly railroaded it could really make the next CBA problematic for them. The NFL has a lot riding on this case.

It is actually probably better for the NFL if the Zeke suspension is completely over turned by Henderson. Don't discount that as a possibility.

 

[Plumfool]

That's not how the law works. Not how any of this works.

That would imply that anyone who alleges defamation should have exactly no one in their lives who are concerned about their actions.

Oh and the very action of defamation, should it be occurring, means that another party is ruining your reputation on the court of public opinion.

Garrett would be evidence of said action should it come to it.

It's basically fatherly advice.

 

[erod]

This is the part that annoys me most. Instead of focusing on the Giants, Zeke and the team have to deal with this garbage.

All. Year. Long. Potentially.

 

[erod]

That's not how the law works. Not how any of this works.

That would imply that anyone who alleges defamation should have exactly no one in their lives who are concerned about their actions.

Oh and the very action of defamation, should it be occurring, means that another party is ruining your reputation on the court of public opinion.

Garrett would be evidence of said action should it come to it.

But it demonstrates that this wasn't a willfully intended, fabricated, and targeted attempt at Zeke. These incidents occurred prior to the NFL's involvement. Getting the facts wrong during the investigation doesn't constitute defamation. Just incompetence.