Can Zeke sue the NFL for slander

JPostSam

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depends first on how this entire court proceeding ends up, then it would depend on how a civil judge / court would view the language of the letter written to Zeke by the NFL on why he was suspended

one could argue that the NFL (Goodell, the panel of 4, Friel, etc.) used language that implied or outright accused of domestic violence against the accuser (i'd have to go back and read the letter thoroughly)

it would be tough.

defamation of character is when someone publishes false statements about you that harm your reputation/livelihood/mental health.

while the nfl definitey harmed zeke's reputation and his livelihood (6-game suspension), this loss came as a direct result of the nfl's investigation, which was approved by the collective bargaining agreement.

plus, zeke would have to prove that the nfl knew its statement was false. coming to an entirely unsupported conclusion is not the same thing.

in the plain meaning, the nfl definitely defamed zeke. but the legal definition is a higher hurdle to overcome.

he's probably better off sticking to the claim that the nfl's investigation was not credible (they ignored overwhelming evidence that thompson was lying, and their doctor made an unqualified diagnosis of thompson's bruises based on photos) and that its process was fundamentally unfair (gooddell did not hear from roberts, henderson did not hear from roberts, thompson was not present at the appeal).

if the judge doesn't vacate the suspension based on all that, it's a farce.
 

khiladi

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Why do people keep thinking the CBA gives NFL absolute power to do whatever they want? Their agreements are still subject to the law of the land and they can't do things that are unconstitutional.

Saying Zeke would have a hard time proving libel in court is different than saying the NFL has the right to libel because some agreement says so..
 

TheHerd

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Zeke can absolutely sue for libel. It is a tough climb, especially for a celebrity.

The problem is that winning such a suit as a celebrity would require that Zeke prove that the NFL knew that the DV claim was false but went ahead and claimed it anyway (malice). The bar is even higher for an elected public official. That said, given the oddities of the investigation, and the fact that the NFL used the woman abuser terminology, there is some chance that such a lawsuit would be at least heard. Of course, once in the courts all of Zeke's life would be open to scrutiny and discovery and he may not want that headache either.
 

aikemirv

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it would be tough.

defamation of character is when someone publishes false statements about you that harm your reputation/livelihood/mental health.

while the nfl definitey harmed zeke's reputation and his livelihood (6-game suspension), this loss came as a direct result of the nfl's investigation, which was approved by the collective bargaining agreement.

plus, zeke would have to prove that the nfl knew its statement was false. coming to an entirely unsupported conclusion is not the same thing.

in the plain meaning, the nfl definitely defamed zeke. but the legal definition is a higher hurdle to overcome.

he's probably better off sticking to the claim that the nfl's investigation was not credible (they ignored overwhelming evidence that thompson was lying, and their doctor made an unqualified diagnosis of thompson's bruises based on photos) and that its process was fundamentally unfair (gooddell did not hear from roberts, henderson did not hear from roberts, thompson was not present at the appeal).

if the judge doesn't vacate the suspension based on all that, it's a farce.

I think this is the key here. The investigation said "not enough evidence and do not suspend" and they ignored that and deliberately kept that person from talking to the 4 person decision making process.
 
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Dracula

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Of course, once in the courts all of Zeke's life would be open to scrutiny and discovery and he may not want that headache either.
What's good for the goose is good for the gander. Would'nt the gold digger, her friends, the NFL notes withheld by Goodell, Goodell, Henderson, Kia Roberts, and everyone else be fair game for zeke's sharks?
 

Diehardblues

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Elliott can sue the plaintiff or the local authorities for defamation of character . But the DA dropped the case so not much of a suit .The only strong case he might have would be against Ms Thompson if he can prove he didn't batter her.

But let's assume he won a civil case against her if she's doesn't have any fluid assets there wouldn't be anything to gain unless she wrote a book or received compensation from conducting interviews.
 

bsbellomy

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I have not read through these post, but want to share my deep thoughts on this.
DV is serious, even more so when you think of the physical power of a professional athlete. If Zeke did caused harm to a women using physical dominance, 6 games is no where near enough. I pray he gets professional help

However, considering how much backing and support he has received from Jones who has of history of fighting against DV and Whitten who has lived through his own moms victimization and not to mention the support and legal support the NFLPA has provided. This leads me to believe this is all a complete unfounded nonsense. That said, the "league" should not have the liberty to tag someone a woman beater and tarnish his reputation without due cause. They should not have the right to supersede the laws and due process of this country's judiciary system. I'm sure that was not the intent of the collection bargaing agreement. This is not some deflate gate BS, this is real life.

I'm sure we can all agree, that Zeke needs to grow up, and stop putting himself in these situations. The pulling the girls top down is something you would exspect from
a spoiled rotten 16 year old. But to label him a women beater by suspending him the mandatory 6 games with no real Evidence is wrong
NFL system of judging and suspension appears to be out of control.

How did you get off on this tangent? Did you read the OP?
 

StylisticS

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The fact the NFLPA allowed Goodell to have this much power should have made for an immediate dismissal of Demaurice Smith.
 

Bigdog

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He should def sue the accuser ex-g/f not for money but just for principle. Maybe the judge could sentence her to be his butler (Points for Seinfeld ref)
I think someone brought that up that why hasn't there been a civil sit brought against Zeke. The simple answer that was given is that would me the victim would have to testify and could be brought on perjury charges for not telling the truth.
 

J817

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He should def sue the accuser ex-g/f not for money but just for principle. Maybe the judge could sentence her to be his butler (Points for Seinfeld ref)

I understand I can't sue anyone who doesn't have anything but I would still explore this option. Maybe sue to prove a point like u said. If she is lying it's a wonder why this hasn't happened yet.
 

Diehardblues

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As much as I wish it wasn't true I'm leaning to he probably did it. I know she's a skank and lied on some of the testimony like in the car but his character is questionable too. They're both probably liars like most kids are living the life they are.
 

TheHerd

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What's good for the goose is good for the gander. Would'nt the gold digger, her friends, the NFL notes withheld by Goodell, Goodell, Henderson, Kia Roberts, and everyone else be fair game for zeke's sharks?
Oh sure, that's why I said this case would probably have enough merit to be heard.

It's crazy that if Roger had just cited conduct detrimental and not used the woman abuser language this would be over and Mara would have his non-Zeke first game.
 

zrinkill

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As much as I wish it wasn't true I'm leaning to he probably did it. I know she's a skank and lied on some of the testimony like in the car but his character is questionable too. They're both probably liars like most kids are living the life they are.

:rolleyes:

If you were anymore full of crap you would be made of porcelain.
 

Diehardblues

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:rolleyes:

If you were anymore full of crap you would be made of porcelain.
It continues to amaze me fans aren't allowed to believe Elliott committed the battering of this girl.

We all have our beliefs. I've at least allowed myself to be influenced if Elliott can convince the NFL he's innocent and dismiss the suspension.

I respect those fans who stand behind Elliott's innocence. I would hope I would have equal ground to support the NFL's decision.

Unless of course you don't think it's possible some fans could be aligning themselves with the NFL decision and their agendas on DV?
 

zrinkill

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It continues to amaze me fans aren't allowed to believe Elliott committed the battering of this girl.

You show me evidence ........ the we will talk ........ the only thing the league has is her saying its true and their own lead investigator did not believe her (which is ignored by clowns like Goodell and you)

Fact is you have a mad on for Zeke ........ and your biased opinion is laughable.
 

Diehardblues

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You show me evidence ........ the we will talk ........ the only thing the league has is her saying its true and their own lead investigator did not believe her (which is ignored by clowns like Goodell and you)

Fact is you have a mad on for Zeke ........ and your biased opinion is laughable.
I'm not trying to convince you. Im not under the assumption I have any power over your own beliefs .

I'm allowed to arrive at my conclusions much like the NFL has. And hopefully I'm allowed to express those beliefs much like you are.

You believe the lead investigator . I believe the panel of 4. Sounds like a sharp divide in our beliefs.
 
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