NFLPA Files Temporary Restraining Order! **merged**

HanD

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They wanted it anywhere but NY. The 5th circuit may be more conservative but that doesn't mean they will automatically side with management. That means they are more likely to side with the law and not be activists. If Kessler thinks the law is on their side, then that's where you want to be.

Agreed anywhere but ny and to beat nfl to the punch. Just wondering if there were More favorable circuits to file in over 5th. Thanks.
 

Don Corleone

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Thanks, can you elaborate more

The NFL bountygate scandal with the New Orleans Saints. The city of New Orleans doesn't forget. I'm from that area. Zeke's attorney is smart to pick the Fifth circuit.
 

ConceptCoop

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The NFL bountygate scandal with the New Orleans Saints. The city of New Orleans doesn't forget. I'm from that area. Zeke's attorney is smart to pick the Fifth circuit.

You guys are grasping at straws. Zeke and his team's odds of proving conpsiracy are zero, sadly. Not negligence or incompetence; not "the suspension was too harsh"--CONSPIRACY. He's serving those games, folks--this year or next.
 

speedkilz88

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You guys are grasping at straws. Zeke and his team's odds of proving conpsiracy are zero, sadly. Not negligence or incompetence; not "the suspension was too harsh"--CONSPIRACY. He's serving those games, folks--this year or next.
Conspiracy has already been proved. Frankly the NFL proved it on their own by their actions. Try reading their own case file.
 

ConceptCoop

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Conspiracy has already been proved. Frankly the NFL proved it on their own by their actions. Try reading their own case file.

No it hasn't. Not even close. Unless there is a smoking gun memo which explicitly states the league's intentions to screw Zeke (or something similar), there's no proof. Zeke has the burden of proof here, unfortunately. It's really hard to prove conspiracy.
 

Don Corleone

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No it hasn't. Not even close. Unless there is a smoking gun memo which explicitly states the league's intentions to screw Zeke (or something similar), there's no proof. Zeke has the burden of proof here, unfortunately. It's really hard to prove conspiracy.

They are trying to prove that due process was not followed.
 

ConceptCoop

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They are trying to prove that due process was not followed.

What due process? The process is essentially:
1. The leauge investigates
2. The league makes disciplinary decision
3. Appeal reviewed by expert panel
4. Final decision

It sucks, but thems the rules. Zeke and his team have to prove conspiracy or kick rocks.

Spoiler: They'll be kicking rocks.
 

viman96

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What due process? The process is essentially:
1. The leauge investigates
2. The league makes disciplinary decision
3. Appeal reviewed by expert panel
4. Final decision

It sucks, but thems the rules. Zeke and his team have to prove conspiracy or kick rocks.

It is not that simple. If the lead investigator traditionally has input on the number of games to suspend a player then the due process was changed. Or if the lead investigator's findings are typically in the report then there is another procedural change.
 

Don Corleone

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What due process? The process is essentially:
1. The leauge investigates
2. The league makes disciplinary decision
3. Appeal reviewed by expert panel
4. Final decision

It sucks, but thems the rules. Zeke and his team have to prove conspiracy or kick rocks.

Spoiler: They'll be kicking rocks.

Look back at the Starcaps case. That is the most like Zeke's. That lasted in courts for 2-3 years.
 

ConceptCoop

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It is not that simple. If the lead investigator traditionally has input on the number of games to suspend a player then the due process was changed. Or if the lead investigator's findings are typically in the report then there is another procedural change.

There is no specific procedure the league has to follow. The league investigates, the league acts. That's why Zeke's team has resorted to claiming conspiracy.
 

Cowboys22

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What due process? The process is essentially:
1. The leauge investigates
2. The league makes disciplinary decision
3. Appeal reviewed by expert panel
4. Final decision

It sucks, but thems the rules. Zeke and his team have to prove conspiracy or kick rocks.

Spoiler: They'll be kicking rocks.

Maybe you should read up on the grilling the judge gave the NFL lawyers yesterday and you'll understand there's is way more to it than that. The judge pointed out many flaws in what the NFL did. Contrary to what is stated all the time, Goodell cannot do whatever he wants. There are laws that govern all CBAs and Zeke's lawyers are arguing that the NFL has broken some of them.
 

viman96

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There is no specific procedure the league has to follow. The league investigates, the league acts. That's why Zeke's team has resorted to claiming conspiracy.

When it comes to being fair they do and that is one of the primary issues Kessler is attacking.
 

Don Corleone

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That was before December 2014, when the new policy was introduced. It has no bearing here.

In many ways, it does apply. The TRO was granted and it lasted in courts forever. The league ultimately got what they wanted a few years later.
 

ConceptCoop

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Maybe you should read up on the grilling the judge gave the NFL lawyers yesterday and you'll understand there's is way more to it than that. The judge pointed out many flaws in what the NFL did. Contrary to what is stated all the time, Goodell cannot do whatever he wants. There are laws that govern all CBAs and Zeke's lawyers are arguing that the NFL has broken some of them.

Zeke's lawyers are arguing that there was a conspiracy to damage Zeke. If they can't do that, it doesn't matter what the league did wrong in the eyes of the judge. Prove conspiracy or kick rocks.
 

ConceptCoop

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In many ways, it does apply. The TRO was granted and it lasted in courts forever. The league ultimately got what they wanted a few years later.

Whether Zeke gets the TRO only really matters to his fantasy owners. He's serving 6 games this year or next.
 

erod

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Zeke's lawyers are arguing that there was a conspiracy to damage Zeke. If they can't do that, it doesn't matter what the league did wrong in the eyes of the judge. Prove conspiracy or kick rocks.
If you're right, no injunction will be granted. If it is granted, the judge is saying there is a case to consider here.
 
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