Oral Argument for Zeke case scheduled for Thursday

[HungryLion]

So you're saying there's a chance? Obligatory.

Unless we know how many of those 50 cases had reasonable chances of getting overturned and how those odds compare to Zeke's case, I think that 6% number is irrelevant.

That said, it's a tall order expecting Zeke's suspension to get overturned at this point. I think we're going to find out how good Dak really is, sooner rather than later.

Remember though, Zeke doesn’t need to have the arbitration vacated at this hearing. This hearing is for the injunction only. For the injunction, Zeke only needs to prove irreparable harm (easy) and that he has a reasonable chance of winning.

So the judges aren’t going to and don’t need to overturn the arbitration at this hearing, for Zeke to finish the season. They only need to believe Zeke has a legitimate case.

 

[plymkr]

That's because it's been in the CBA for years and years.. it just one of those common clauses that get glanced over and not really paid attention to by either side. The issue is not the clause, when honorable men hold the office of commissioner, they have honored their players by treating them fair and with respect. The issue is that this comish is not an Honorable man and has an ego the size of Texas and is ruining the game we all love to satisfy his own personal agenda.

What is article 46?

 

[PA Cowboy Fan]

What is article 46?

The article that gives the Commish Godlike powers.

 

[Idgit]

Remember though, Zeke doesn’t need to have the arbitration vacated at this hearing. This hearing is for the injunction only. For the injunction, Zeke only needs to prove irreparable harm (easy) and that he has a reasonable chance of winning.

So the judges aren’t going to and don’t need to overturn the arbitration at this hearing, for Zeke to finish the season. They only need to believe Zeke has a legitimate case.

He's got to overcome Falia's ruling on irreparable harm (I agree, that ought to be well established for sports suspension cases and a no-brainer), likelihood of success (that one's much harder, because of the latitude the CBA provides the commissioner in making his decisions), is it in the public interest (Falia somehow decided it was not, which sounds ridiculous, but overcoming that is still a challenge), and 'balance of equities,' i.e., that granting the injunction doesn't also significantly harm the NFL.

I agree that's all possible, but given the ruling last week that had Zeke's team losing each of those points, turning around and winning all of them seems like a tall order. And they have to win all of them to get the injunction.

 

[CanadianCowboysFan]

I'm still amazed at the fact that both parties can have their motions address so quickly, in my experience things in the court system don't usually move so fast, how are these dockets getting cleared so quickly.

yeah no kidding

 

[CanadianCowboysFan]

He's got to overcome Falia's ruling on irreparable harm (I agree, that ought to be well established for sports suspension cases and a no-brainer), likelihood of success (that one's much harder, because of the latitude the CBA provides the commissioner in making his decisions), is it in the public interest (Falia somehow decided it was not, which sounds ridiculous, but overcoming that is still a challenge), and 'balance of equities,' i.e., that granting the injunction doesn't also significantly harm the NFL.

I agree that's all possible, but given the ruling last week that had Zeke's team losing each of those points, turning around and winning all of them seems like a tall order. And they have to win all of them to get the injunction.

It seems to me he should only have to win on irreparable harm which for anyone other than the judge whose husband helped write the CBA for Goodie Goodell #conflictofinterest, losing guaranteed money and games in a short career would be irreparable harm.

 

[DK30]

So is it over if Zeke loses this battle? Or what about the NFL? Is this the final stop?

 

[pugilist]

So is it over if Zeke loses this battle? Or what about the NFL? Is this the final stop?

no, this is over the injunction

once the injunction is either granted (Zeke plays) or not (Zeke is suspended 6 games) then the 2nd Circuit will hear the case on merits which is ultimately what determines if Zeke wins or loses vs. the NFL

 

[superonyx]

#7 - You will not post political discussions or comments.

Read the tweet and just move along good citizens.

Now that’s how you get out ahead of some stupid crap.
Thank you..

 

[Nightman]

no, this is over the injunction

once the injunction is either granted (Zeke plays) or not (Zeke is suspended 6 games) then the 2nd Circuit will hear the case on merits which is ultimately what determines if Zeke wins or loses vs. the NFL

Not exactly....... this is the emergency stay appeal...... there is still the normal appeal with the CA2.....if they lose they can still appeal to the SCOTUS

And it is Judge Faiia that will then hear the NFL's case....... after that the loser can appeal to the CA2

After that they can appeal to the full CA2
After that they can appeal to the SCOTUS

It is the Neverending Story, but the key for Zeke is getting the injunction.....if not he will be suspended until he convinces another Judge to issue a stay

It is possible he serves 3 games this year and 3 next year

 

[superonyx]

So you're saying there's a chance? Obligatory.

Unless we know how many of those 50 cases had reasonable chances of getting overturned and how those odds compare to Zeke's case, I think that 6% number is irrelevant.

That said, it's a tall order expecting Zeke's suspension to get overturned at this point. I think we're going to find out how good Dak really is, sooner rather than later.

They aren’t being asked to overturn the suspension at this point. They are only being asked to delay the execution of the prisoner until after the case is heard in court....

Sounds crazy to rule against that.

 

[plymkr]

The article that gives the Commish Godlike powers.

That sucks

 

[Idgit]

So is it over if Zeke loses this battle? Or what about the NFL? Is this the final stop?

I think for all intents and purposes, after this is ruled on, the only remaining option that could practically take place during the current season would be an en banc hearing if the league were to request and receive one, and that that would be pretty unlikely to happen here.

 

[Idgit]

They aren’t being asked to overturn the suspension at this point. They are only being asked to delay the execution of the prisoner until after the case is heard in court....

Sounds crazy to rule against that.

I know, but it's still a fairly tall order in light of the decision last week, I think.

 

[Nightman]

I think for all intents and purposes, after this is ruled on, the only remaining option that could practically take place during the current season would be an en banc hearing if the league were to request and receive one, and that that would be pretty unlikely to happen here.

A SCOTUS judge could grant an emergency injunction

 

[dogunwo]

He's got to overcome Falia's ruling on irreparable harm (I agree, that ought to be well established for sports suspension cases and a no-brainer), likelihood of success (that one's much harder, because of the latitude the CBA provides the commissioner in making his decisions), is it in the public interest (Falia somehow decided it was not, which sounds ridiculous, but overcoming that is still a challenge), and 'balance of equities,' i.e., that granting the injunction doesn't also significantly harm the NFL.

I agree that's all possible, but given the ruling last week that had Zeke's team losing each of those points, turning around and winning all of them seems like a tall order. And they have to win all of them to get the injunction.

Can you play devils advocate for a second and explain how granting the injunction provides irreparable harm to the NFL? I have yet to hear a competent explanation.

 

[Idgit]

Can you play devils advocate for a second and explain how granting the injunction provides irreparable harm to the NFL? I have yet to hear a competent explanation.

Not really. Especially since the league itself was willing to let Elliott play back in week 1 due to the late timing of their announcement. I think they're argument comes down to respect for the commissioner's pronouncements given the obvious latitude the CBA grants him, but it's unclear how the league can make a case that they're hurt by justice getting delayed. Especially not on a balance of equity basis, since Elliott stands to lose so much more in terms or records, guarantees, post season opportunity, and endorsements.

The league probably makes a broad appeal to the public interest argument, that it hurts interest in the league to be getting so much negative publicity in a situation where they have perfect authority to suspend a player. At a time when viewership is trending down to begin with. It's costing them in terms of their reputation with potential advertisers, or that the appearance that they can't enforce a DV suspension might counter their attempts to court an audience who'd be favorable to an announcement of a DV suspension. But it's pretty tough to put a convincing measure on what that harm might be worth our how it could be tied to this case.

I think the league's strongest argument is on the 'likelihood of success' challenge.

 

[mitchell2254]

I just pray it comes to a point where Goodell has take the stand under oath. Somehow Someway

 

[aikemirv]

They are saying on Twitter that these judges have heard a total of 50 arbitration cases and they overturned 3.


So 6% chance for Zeke? Not looking good.

Not much experience with arbitration but aren't most arbitration hearings "independent arbitration"?

 

[dogunwo]

It's costing them in terms of their reputation with potential advertisers, or that the appearance that they can't enforce a DV suspension might counter their attempts to court an audience who'd be favorable to an announcement of a DV suspension.

Thanks for your thoughts. If they use this part as their argument, it might lead people to believe that they did overreach unfairly to make a point.