Henderson delay about choice of forum

[Corso]

I think Famous Amos is going to hold strong and take this case, no matter what.
Kessler gave some good arguments as to why this case need attention, no matter the timing of an arbitrational hearing.

Did I just make a word up?

 

[links18]

The NFLPA lawyers addressed this issue. The harm is the process which is already complete from Zeke's side. Thy have nothing left to do. Thy basically said that injunctions are issued when the bulldozer is on the front yard not after the house has been demolished.

That would be after the suspension is finalized, but before the first game for which he is supposed to serve the suspension. Unless the continuation of the process causes harm itself, which I suppose an argument could be made that it would if Henderson is so blatantly corrupt as it is being alleged, but that is just more factual ammunition for Zeke's team. In any event, its all about forum shopping right now.

 

[LandryFan]

I'm a lawyer as well and total agree

In your expert opinion, is there a way the Texas judge sees through their tactic and rules to hear the case anyways whenever the league does announce the appeal decision?

 

[cowboy_ron]

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...

If it's "dismissed with prejudice" then it can be refiled and the NFL once again gets mud in their face. Am I correct on this?

 

[Cowboys22]

That would be after the suspension is finalized, but before the first game for which he is supposed to serve the suspension. Unless the continuation of the process causes harm itself, which I suppose an argument could be made that it would if Henderson is so blatantly corrupt as it is being alleged, but that is just more factual ammunition for Zeke's team. In any event, its all about forum shopping right now.

I read their entire response to the motion to dismiss that they filed today. They made a big point of the fact that Zeke has exhausted all his avenues at this point and that since the process was unfair and violated numerous labor laws, his case for the injunction is now ripe. They sited several court cases where it was ruled then an injunction could be handed down before final rulings were made. Just putting out there what I read.

 

[csirl]

Im not sure that Judges will be too sensitive about timings. I can see the view being taken that this is about a game next Sunday, so whether its this evening or tomorrow makes little difference. In any event the NFL will say that since the ruling is due soon it would be better to wait rather than potentially waste court time guessing the outcome.

 

[NorthwestDallas40]

If it's "dismissed with prejudice" then it can be refiled and the NFL once again gets mud in their face. Am I correct on this?

If it's "dismissed without prejudice", it can be refiled.

I think NFL is hoping that it gets dismissed, they file first in NY, and then moot a subsequent lawsuit in Texas. We'll see. Judge in Texas knows what NFL is up to

 

[NorthwestDallas40]

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

Yes, but NFL will file in NY first, mooting a subsequent lawsuit on the same grounds.

 

[NorthDalal]

I am not an attorney,having said that... Would a real attorney care to chime in on this issue of "ripeness" how is it defined? Will the Texas Eastern District judge the case unripe or will he view it as having satisfied ripeness requirement based on the close of the hearing Thursday and the current status of Zeke as already suffering under penalty and currently suffering an "award". Secondly, can the judge consider the issue eligible for a continuance rather than vacating the TRO order and forcing a refile,therefore retaining jurisdiction.

 

[cowboy_ron]

If it's "dismissed without prejudice", it can be refiled.

I think NFL is hoping that it gets dismissed, they file first in NY, and then moot a subsequent lawsuit in Texas. We'll see. Judge in Texas knows what NFL is up to

Ahhh, ok, I gotcha thanks.

 

[Bleedblue1111]

Jerry should offer a $5 million reward to anyone inside the league office to bring him proof of the obvious collusion that's happening between the Arbitrator and the NFL.

I mean c'mon, he spent what, like $12 million on a party for Pete's sake.

 

[Swanny]

Might sound way too far out there. And Its too late anyways. But something to think about in the future and maybe get some Intel for you guys.
Texas is a right to work state. You cannot be forced to join a union. If Zeke wasn't part of the union then article 46 wouldn't apply to him and all this would change this lawsuit completely. Makes me wonder if players will think about that in the future.
Maybe you guys can correct me if I'm wrong. But I'm pretty sure that sense Zeke is an employee of a franchise owned in Texas he is not required to join the union??

 

[JohnnyCulbreth]

According to Mike Fisher, the NFL just confirmed Zeke will be "on the field" this weekend vs. Giants.

 

[fishspill]

Henderson is an NFL lapdog; he's not a man. He takes his orders straight from Goodell and he doesn't question them.

 

[bigbob]

According to Mike Fisher, the NFL just confirmed Zeke will be "on the field" this weekend vs. Giants.

Good deal that makes the game more interesting

 

[links18]

I am not an attorney,having said that... Would a real attorney care to chime in on this issue of "ripeness" how is it defined? Will the Texas Eastern District judge the case unripe or will he view it as having satisfied ripeness requirement based on the close of the hearing Thursday and the current status of Zeke as already suffering under penalty and currently suffering an "award". Secondly, can the judge consider the issue eligible for a continuance rather than vacating the TRO order and forcing a refile,therefore retaining jurisdiction.

All these issues ultimately depend on the judge hearing the case, whether or not they think Zeke could face irreparable harm if the process isn't halted.

 

[the_h0wey]

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...

Or maybe he's just not feeling well today

 

[slick325]

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...

Forum shopping 101

 

[Silver Surfer]

I think Famous Amos is going to hold strong and take this case, no matter what.
Kessler gave some good arguments as to why this case need attention, no matter the timing of an arbitrational hearing.

Did I just make a word up?

Absitively...... conflatulations!

 

[plasticman]

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.

My thoughts exactly. It is always interesting to me when some organization preaching better standards of behaviour will use some type of devious practice or srrategy to enforce it.

If their position is such high moral ground then why should they fear a legal ruling from any court.

Because it is never about right vs wrong. This is about money and power. This is about financial influence.

This is about using exterior methods to influence the outcome of games. Yeah, I said it. This is about dishonesty and corruption.

The NFLPA may have signed a collective bargaining agreement but I didn't. No fan did. We deserve better from the NFL.