5th Circuit Court of Appeals

[armadillooutlaw]

So does anybody know much about the 5th Circuit Court of Appeals? One analyst on twitter said they're very conservative. If the NFL appeals i believe this is who they'd appealing too.
From what little bit i looked up the 5th circuit court covers Texas, Louisiana and Mississippi? Deep in the South. That could bode well, yes? I'm not too bright when it comes to the legal process in a case like this so I'm hoping someone more intelligent concerting the legal process could enlighten me some? What are the 5th Circuit's tendencies?

 

[JBS]

I'm as uneducated on this stuff as they come

Based on everything I've come across..the nfl has very small chance to win an appeal..very difficult for them to convince the court there will be irreparable harm if Zeke doesn't serve his suspension now..as he can easily serve it later

 

[Hawkeye0202]

So does anybody know much about the 5th Circuit Court of Appeals? One analyst on twitter said they're very conservative. If the NFL appeals i believe this is who they'd appealing too.
From what little bit i looked up the 5th circuit court covers Texas, Louisiana and Mississippi? Deep in the South. That could bode well, yes? I'm not too bright when it comes to the legal process in a case like this so I'm hoping someone more intelligent concerting the legal process could enlighten me some? What are the 5th Circuit's tendencies?

What are they appealing? Seem to me, with the wording used by this judge, the NFL needs to quit while they're ahead (LOL).

 

[drawandstrike]

Follow @WallachLegal & @Frank_Cawley on twitter. They are very familiar with the 5th circuit.

I follow them and from what they've said, it's a very busy docket there right now, so this is going to drag on for months and months.

 

[diefree666]

Follow @WallachLegal & @Frank_Cawley on twitter. They are very familiar with the 5th circuit.

I follow them and from what they've said, it's a very busy docket there right now, so this is going to drag on for months and months.

By using the term fundamental fairness and how the NFL violated it, there is going to be very little interest in an expedited appeal.

 

[Cowboys22]

What are they appealing? Seem to me, with the wording used by this judge, the NFL needs to quit while they're ahead (LOL).

The granting of an injunction is appealable but they would have to show irreparable harm to the NFL if Zeke doesn't serve the suspension immediately. They can't show that because he can easily serve the suspension at any time if he loses the case.

 

[AmericasTeam81]

Conservatives are about the rule of law and justice . They will see Zeke was denied a fair hearing by the NFL.

Exactly! I've been thinking this since the first I heard of where Zeke's team appealed.

 

[Blackspider214]

Follow @WallachLegal & @Frank_Cawley on twitter. They are very familiar with the 5th circuit.

I follow them and from what they've said, it's a very busy docket there right now, so this is going to drag on for months and months.

That's just toooo bad

 

[armadillooutlaw]

That's just toooo bad

I just want the entire suspension thrown out.
I just think from what I've read and seen that the Thompson chick made this crap up to screw up Zeke's reputation and career, and the NFL is going along with it!

 

[ThreeandOut]

I think the 5th circuit is going to be very interested in this case. I don't know if any of you are following the Department of Education's roll back of some of the Obama era enforcement on Title IX. These involve cases where colleges have expelled or disciplined male students for alleged sexual assault without appropriate due process. I think the judges will see some similarities here between these cases and Zeke's. A conservative judge is going to be very sympathetic to a case where due process is being sacrificed to political correctness.

 

[Blackspider214]

I just want the entire suspension thrown out.
I just think from what I've read and seen that the Thompson chick made this crap up to screw up Zeke's reputation and career, and the NFL is going along with it!

I agree man. The NFL looks bad in this ordeal. Much worse than the Brady case. They even went as far to suspend Josh Brown for 6 games to prove they are consistent and not biased. It was a joke and gladly the judge did not buy that dog and pony show.

 

[Yakuza Rich]

So does anybody know much about the 5th Circuit Court of Appeals? One analyst on twitter said they're very conservative. If the NFL appeals i believe this is who they'd appealing too.
From what little bit i looked up the 5th circuit court covers Texas, Louisiana and Mississippi? Deep in the South. That could bode well, yes? I'm not too bright when it comes to the legal process in a case like this so I'm hoping someone more intelligent concerting the legal process could enlighten me some? What are the 5th Circuit's tendencies?

Don't look at the Circuit's tendencies...take a look at the tendencies of the judges.




YR

 

[NorthwestDallas40]

The argument that the judge is making here is that the CBA is being violated. That is upholding the CBA.

I meant that 5th Circuit judges are more likely to defer to Goodell's authority under Article 46 of the CBA (to impose discipline based on "credible evidence") rather than uphold the rights of an individual worker, Zeke.

 

[Ghost12]

However, they will take the ruling from the previous judge into consideration if Im not mistaken. This isn't a Brady case which he was found in violation of the conduct policy.

An appeals court is a fresh start, and will not defer to a lower court's ruling when rendering their verdict (EDIT: unless there is a tie)

 

[NorthwestDallas40]

However, they will take the ruling from the previous judge into consideration if Im not mistaken. This isn't a Brady case which he was found in violation of the conduct policy.

You're right that this is not like the Brady case insofar as the procedural violations were much more severe for Zeke and the facts are better too... however, if I'm not mistaken, there is not much deference to the district court judge in a review of a private arbitration decision. District court judge was essentially acting like the first level court of appeals, not a trial judge that heard testimony or evidence. Now, the Fifth Circuit will act like the second level court of appeals working with the same record.

 

[Ghost12]

Here's the honest truth that a lot of people aren't going to like to hear:

If the NFL appeals to CA5 (and I don't mean the current appeal they are expected to file, I mean the one coming probably sometime next summer), 3 judges will be selected (from a panel of something like 20 sitting judges) in a process that is effectively random. I have no doubt whatsoever that there are many 3-judge combos which would give Elliott the victory, and I have no doubt whatsoever that there are many 3-judge combos which would give the NFL the victory.

People like to believe the law is the law and what's right is right and justice will prevail but reality is that the ultimate decision here - much like with so much that goes on in our legal system - comes down a great deal to dumb luck.

 

[ThreeandOut]

Here's the honest truth that a lot of people aren't going to like to hear:

If the NFL appeals to CA5, 3 judges will be selected (from a panel of something like 20 sitting judges) in a process that is effectively random. I have no doubt whatsoever that there are many 3-judge combos which would give Elliott the victory, and I have no doubt whatsoever that there are many 3-judge combos which would give the NFL the victory.

People like to believe the law is the law and what's right is right and justice will prevail but reality is that the ultimate decision here - much like with so much that goes on in our legal system - comes down a great deal to dumb luck.

Hopefully, the 3 judges selected will being wearing their Saints jerseys underneath their robes during the trial and will have a long memory of Bounty Gate.

 

[windjc]

Here's the honest truth that a lot of people aren't going to like to hear:

If the NFL appeals to CA5 (and I don't mean the current appeal they are expected to file, I mean the one coming probably sometime next summer), 3 judges will be selected (from a panel of something like 20 sitting judges) in a process that is effectively random. I have no doubt whatsoever that there are many 3-judge combos which would give Elliott the victory, and I have no doubt whatsoever that there are many 3-judge combos which would give the NFL the victory.

People like to believe the law is the law and what's right is right and justice will prevail but reality is that the ultimate decision here - much like with so much that goes on in our legal system - comes down a great deal to dumb luck.

Yes but the CA5 in Texas is better odds than the CA5 in NY.

 

[Ghost12]

Yes but the CA5 in Texas is better odds than the CA5 in NY.

Yes, anything is better than 0%.

 

[GhostOfPelluer]

Here's the honest truth that a lot of people aren't going to like to hear:

If the NFL appeals to CA5 (and I don't mean the current appeal they are expected to file, I mean the one coming probably sometime next summer), 3 judges will be selected (from a panel of something like 20 sitting judges) in a process that is effectively random. I have no doubt whatsoever that there are many 3-judge combos which would give Elliott the victory, and I have no doubt whatsoever that there are many 3-judge combos which would give the NFL the victory.

People like to believe the law is the law and what's right is right and justice will prevail but reality is that the ultimate decision here - much like with so much that goes on in our legal system - comes down a great deal to dumb luck.

You are partially right. It does come down to three random judges. But what you are willfully overlooking is that each of those judges took an oath to uphold the law and that fundamental fairness is a tried and true standard that has been supported by precedent time and again. And that the appeals court statistically defers to the lower court verdict in roughly 85 percent of all cases.

This case is about fundamental fairness and the league is on the wrong side and is likely going down. They didn't even follow the basic (and broad) jurisdiction afforded them by the CBA.