Henderson delay about choice of forum

[NorthwestDallas40]

IMO as a lawyer, the reason Henderson is now saying he might not have a decision today is because of the 5pm CDT hearing in front of the judge in Texas. NFL's position is that Zeke's lawsuit is not yet "ripe" and should be dismissed because the NFL has not yet formally suspended him. The NFL likely believes it can get Zeke's preemptive lawsuit dismissed by the Texas judge. Then, the NFL will simultaneous announce Henderson's upholding of the suspension and file a lawsuit in NY to enforce the suspension. Thus, the NFL hopes to get its preferred choice of forum: the Southern District of NY and the 2nd Circuit Court of Appeals, which already decided in its favor on the Brady appeal. This is the reason why Henderson is "delaying" today...

 

[Avery]

My non-legal opinion is that he sucks.

 

[CooterBrown]

As I said in another thread, the judge should be able to see through that and make a ruling based upon the assumption that the suspension will be upheld.

 

[Roadtrip635]

The fact that the arbitrator is trying to manipulate the timing to uphold the suspension should itself show that this has been a conspiracy from start to finish.

 

[bayeslife]

As I said in another thread, the judge should be able to see through that and make a ruling based upon the assumption that the suspension will be upheld.

This was my thought. I sure hope this turns out to be the case.

 

[mardwin]

Not an attorney but can a judge just ask the question "when is the arbitration decision expected?" And suspend the hearing until it has occurred?

 

[TheHerd]

The fact that the arbitrator is trying to manipulate the timing to uphold the suspension should itself show that this has been a conspiracy from start to finish.

But if it gets moved to NY good luck getting that court to agree on this point.

 

[Ranching]

IMO as a lawyer, the reason Henderson is now saying he might not have a decision today is because of the 5pm CDT hearing in front of the judge in Texas. NFL's position is that Zeke's lawsuit is not yet "ripe" and should be dismissed because the NFL has not yet formally suspended him. The NFL likely believes it can get Zeke's preemptive lawsuit dismissed by the Texas judge. Then, the NFL will simultaneous announce Henderson's upholding of the suspension and file a lawsuit in NY to enforce the suspension. Thus, the NFL hopes to get its preferred choice of forum: the Southern District of NY and the 2nd Circuit Court of Appeals, which already decided in its favor on the Brady appeal. This is the reason why Henderson is "delaying" today...

I slept at a Holiday Inn Express last night and I think you are right.

 

[BrAinPaiNt]

The fact that the arbitrator is trying to manipulate the timing to uphold the suspension should itself show that this has been a conspiracy from start to finish.

Ding Ding Ding

 

[TheHerd]

Not an attorney but can a judge just ask the question "when is the arbitration decision expected?" And suspend the hearing until it has occurred?

It would be the ultimate in gnads for the judge to hold the hearing today and just say that it's obvious the appeal finding is a foregone conclusion and uphold the TRO. I know it can't be done, but that would be awesome.

 

[NorthwestDallas40]

Not an attorney but can a judge just ask the question "when is the arbitration decision expected?" And suspend the hearing until it has occurred?

Yes, he can play "cat-and-mouse" with the arbitrator and just postpone the hearing until tomorrow. The judge is smart enough to know what is going on.

 

[65fastback2plus2]

Thats what the NFL is trying...but a small texas judge would love for nothing more than a big national case to head his way.

Thats why it was smart the NFLPA and Dallas Cowboys already filed in court. It took the NFL's hand they were holding and pitched it in the trash.

 

[Proximo]

There are some quotes from EE's lawsuit over in the mega-thread....and they seem pretty compelling.

I recommend checking them out.

My feeling is that the Texas judge will NOT throw it out. But, I could certainly be wrong!

 

[Cowboys22]

It would be the ultimate in gnads for the judge to hold the hearing today and just say that it's obvious the appeal finding is a foregone conclusion and uphold the TRO. I know it can't be done, but that would be awesome.

Sure it can be done. The judge can do anything he wants. It might get overturned by a higher court but the judge can rule any way he wants to as early as today. There certainly could be something he finds so compelling that he issues the injunction today and scolds the NFL for playing games with the timing.

 

[LandryFan]

Yes, he can play "cat-and-mouse" with the arbitrator and just postpone the hearing until tomorrow. The judge is smart enough to know what is going on.

Well, it is now past 4pm EST, so Henderson apparently will not make his decision known today. These type of moves show, without doubt, that the league is corrupt and unfair (although legal, apparently). I don't know the legal processes that can take place, but I sure hope that the Texas judge has the legal power to say he'll make a decision once the NFL announces their decision on the appeal.

 

[Hawkeye0202]

mike fisher ✭‏Verified account @fishsports 7m7 minutes ago
mike fisher ✭ Retweeted Rob Joye ⚾️

NFL now suggesting 4 pm Tues deadline for #EzekielElliott relates to his week's salary, not nec. his week's eligibility. Muddy. @1053thefan

mike fisher ✭ added,

Rob Joye ⚾️ @RobJoye10
So if 5 more minutes pass without a decision, Zeke plays Sunday night, correct? @fishsports
0 replies0 retweets0 likes

 

[Swanny]

IMO as a lawyer, the reason Henderson is now saying he might not have a decision today is because of the 5pm CDT hearing in front of the judge in Texas. NFL's position is that Zeke's lawsuit is not yet "ripe" and should be dismissed because the NFL has not yet formally suspended him. The NFL likely believes it can get Zeke's preemptive lawsuit dismissed by the Texas judge. Then, the NFL will simultaneous announce Henderson's upholding of the suspension and file a lawsuit in NY to enforce the suspension. Thus, the NFL hopes to get its preferred choice of forum: the Southern District of NY and the 2nd Circuit Court of Appeals, which already decided in its favor on the Brady appeal. This is the reason why Henderson is "delaying" today...

Can't they just re file in Texas once the suspension becomes official?

 

[casmith07]

Forum shopping is frowned upon.

 

[TheFinisher]

Can't they just re file in Texas once the suspension becomes official?

The NFL controls Henderson, they'll know when he's going to announce the decision. NFLPA will never will that race, it's rigged in the NFL's favor.

 

[HardHittin'Witten]

My non-legal opinion is that he sucks.

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