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https://www.si.com/nfl/2017/11/09/ezekiel-elliott-suspension-roger-goodell-defamation
Pursuant to the Second Circuit’s expedited review of Elliott’s appeal of Judge Failla’s ruling, a three-judge panel on the Second Circuit will hear oral arguments by attorneys for Elliott/NFLPA and the NFL on Dec. 1. The timing of how quickly the Second Circuit will rule following the Dec. 1 hearing is up to the three judges, but it’s possible that Elliott will hear before he serves the fifth or sixth game of his suspension.
Given that Elliott will miss at least four games, he will obviously not be able to “get those games back” if he later prevails in the appeal. This means that should Elliott ultimately prevail, the NFL would reimburse Elliott for missed games—a hollow victory, to be sure, but one that would still furnish Elliott some degree of vindication.
Yet Elliott’s chances for success on appeal of Judge Failla’s ruling fare also unfavorable. As has been explained throughout his legal saga, Elliott faces negative precedent in the Second Circuit because of the court’s 2016 ruling in the Tom Brady case. While the Elliott and Brady cases could hardly be more dissimilar in terms of underlying allegations, they are very closely aligned for purposes of the law. Indeed, Judge Failla repeatedly cited the Brady case in her ruling against Elliott.
In short, both the Brady and Elliott cases concern players arguing that their personal conduct suspensions were unlawful because these players were denied opportunities to review critical evidence and cross-examine key witnesses. In both cases, the NFL has insisted that the players demanded procedural rights that were not collectively bargained by their union, the NFLPA. The Brady precedent is a difficult one for Elliott to overcome.
Should his appeal fail, Elliott could request an en banc review from the Second Circuit. In such a review, all of the active judges on the court would hear his arguments. Unfortunately for Elliott, the Second Circuit hardly ever grants such reviews—in fact, they are granted less than one percent of the time. Similarly long odds would exist if Elliott later petitions the U.S. Supreme Court. It only takes about one percent of cases.
In reality, if Elliott loses at the Second Circuit, his case is over.
Pursuant to the Second Circuit’s expedited review of Elliott’s appeal of Judge Failla’s ruling, a three-judge panel on the Second Circuit will hear oral arguments by attorneys for Elliott/NFLPA and the NFL on Dec. 1. The timing of how quickly the Second Circuit will rule following the Dec. 1 hearing is up to the three judges, but it’s possible that Elliott will hear before he serves the fifth or sixth game of his suspension.
Given that Elliott will miss at least four games, he will obviously not be able to “get those games back” if he later prevails in the appeal. This means that should Elliott ultimately prevail, the NFL would reimburse Elliott for missed games—a hollow victory, to be sure, but one that would still furnish Elliott some degree of vindication.
Yet Elliott’s chances for success on appeal of Judge Failla’s ruling fare also unfavorable. As has been explained throughout his legal saga, Elliott faces negative precedent in the Second Circuit because of the court’s 2016 ruling in the Tom Brady case. While the Elliott and Brady cases could hardly be more dissimilar in terms of underlying allegations, they are very closely aligned for purposes of the law. Indeed, Judge Failla repeatedly cited the Brady case in her ruling against Elliott.
In short, both the Brady and Elliott cases concern players arguing that their personal conduct suspensions were unlawful because these players were denied opportunities to review critical evidence and cross-examine key witnesses. In both cases, the NFL has insisted that the players demanded procedural rights that were not collectively bargained by their union, the NFLPA. The Brady precedent is a difficult one for Elliott to overcome.
Should his appeal fail, Elliott could request an en banc review from the Second Circuit. In such a review, all of the active judges on the court would hear his arguments. Unfortunately for Elliott, the Second Circuit hardly ever grants such reviews—in fact, they are granted less than one percent of the time. Similarly long odds would exist if Elliott later petitions the U.S. Supreme Court. It only takes about one percent of cases.
In reality, if Elliott loses at the Second Circuit, his case is over.
