Another layer to Zeke's case

windward

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Nope, because the appeals court will not look at the actual case. It'll look at whether the league has the right to suspend Zeke under the current CBA.

The courts already ruled on this with Brady, and he lost. Kessler just wants to drag it out for as long as he can. Zeke is going to lose in the end, but he won't have to serve a suspension until next year if Kessler can delay, delay, delay.

Meanwhile, the NFLPA will use this year to beat Tiffany Thompson's reputation to shreds, and turn the public against the NFL.
Except the court didn't rule on this case and in these circumstances. Brady was a different case entirely.
 

PhillyCowboysFan

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Problem is, the NFL knows to the second when their appeal is released...natural head start on running to a court house after the appeal results.

Im not quite sure what this means. Head start to what? They can't headoff a attempt at an injunction. They will deny the appeal and wait until an injunction ruling before they can do anything legally.
 

Sydla

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Im not quite sure what this means. Head start to what? They can't headoff a attempt at an injunction. They will deny the appeal and wait until an injunction ruling before they can do anything legally.

Not quite. Look to the Brady case.

They knew Brady would file a suit, so they pre-emptively filed a suit asking the courts to back their decision. The reason behind this was to get the court case in a venue they believed would be beneficial to them - in that case, NY. They wanted to prevent Brady from first filing in a more player friendly district, such as Minnesota and Judge Doty.

They could do the same thing here. Quickly file in NY prior to Elliott filing in a court venue that might be more favorable to Elliott.
 

erod

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Except the court didn't rule on this case and in these circumstances. Brady was a different case entirely.

The courts have already ruled essentially that Zeke is exonerated based on lack of evidence. He's not in jail. It's over.

The case now is about whether the NFL can suspend him based on the requirements and provisions of the CBA.

It can.
 

aikemirv

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Except the court didn't rule on this case and in these circumstances. Brady was a different case entirely.

I agree. I don't think this is anything like the Brady case. I think Zeke has a totally different argument here. Brady was uncooperative with the investigation and withheld or destroyed evidence. Brady's case was never looked at on a criminal level and dismissed either. While Zeke may argue a bit on the authority of the league to do this, which everyone knows they do, Zeke's argument will be on the evidence of the assault on hand and the ability of the NFL to call and charge him a woman beater when the LAW does not!
 

Texas_Pete

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It's even worse when you couple the timeline with their statement. Go read Harvey's defense. It starts by admiring the victim and then lays out their flimsy case. All of Zeke's defense is tacked on at the end. It reads exactly like what you'd expect out of a case made by only listening to one side. And the timeline absolutely support that conclusion.


This supports my theory: meta data was changed by TT to fit her story. I'd be willing to bet anything that this happened.
 

Cowboys22

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Not quite. Look to the Brady case.

They knew Brady would file a suit, so they pre-emptively filed a suit asking the courts to back their decision. The reason behind this was to get the court case in a venue they believed would be beneficial to them - in that case, NY. They wanted to prevent Brady from first filing in a more player friendly district, such as Minnesota and Judge Doty.

They could do the same thing here. Quickly file in NY prior to Elliott filing in a court venue that might be more favorable to Elliott.

Yes, but Kessler will be ready this time. He will have a strategy to deal with it and has the Brady case as justification to file early. Whether a judge buys it will be the question.
 

aikemirv

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Except the court didn't rule on this case and in these circumstances. Brady was a different case entirely.

One thing interesting in the ruling on the Brady case was that the court said that the NFL did not deny him "fundamental fairness" which I believe Zeke has a case that they did deny him that.

Also the ruling says that the Commissioner does have the right to determine what is "conduct detrimental" however the reality to me is that you have to be able to prove the "conduct" itself. When no proof exist and the witness is absolutely not credible and afidavits support her untruthfulness Zekes case gets better and better. The fact is that Goodell cannot suspend players on a whim and he cannot suspend players because someone says they did this or that. The witness testimony other than Zeke and TT supports that Zeke did not do this. He has a good case on "fundamental fairness" and "conduct detrimental".

Brady, in destroying or not handing over evidence lost both of those issues!
 

GORICO

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Bluff tactics? I think they both settle with 3 game suspension and move on. Don't see either side wanting this one to smell up the NFL any worse than it has.
i like your reasoning
 

GORICO

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I still think they will be able to fast track an injunction. I think the team knew that and that is why Zeke got touches the 3rd game. JMO
i agree---if they thought Zeke would be out first 6 games no reason to give him any touches against Raiders..they know something we dont and i think filing injunction which i heard can occur before appeal occurs
 

dogberry

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With regard to Brady, I have never accepted that either the team or the NFL has the right per any document (CBA) to force a player to turnover their phone or phone records.
 

pugilist

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Wow that is a game changer if it can be shown..so they are protesting the Meta data?
if meta data on phone pics can be easily edited and timestamps on text messages changed, i would protest the crap out of their validity
 

Nightman

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The only fly in the ointment are the alleged texts sent to her mother.
If I send a text that says EE beat me up last night that is not evidence..... it is an accusation

The accusation is not 'metadata' .......... bruises are not evidence EE beat me........ especially when I was witnessed by Police getting into a fistfight with another woman...... EE cannot prove a negative....... he cannot be asked to prove how TT got her bruises........ that is absurd

Just because the NFL says they can punish players that aren't even charged that doesn't make it OK.....CBA or not.......... that is what the Courts have to decide....... especially since the NFLPA never ratified that policy
 

GORICO

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Don't be so sure. They can file at anytime after the appeal hearing and before Henderson rules. They can use what the NFL did in the Brady case as justification for a judge accepting the case and waiting on the ruling. Have no idea if they will try this but it's a possibility.
This is how it will go--- Zeke team will file injunction and it will drag out allowing Zeke to play this season..then next year when court rules procedure was fair and Zeke has to sit out 6 games we will wish we did it this year and not wait...its always about the ammo we got to play with now!!
 
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