Mortensen: Elliott Suspension Upheld **merged**

[FuzzyLumpkins]

I thought the league covered the lack of DV policy by claiming Zeke's suspension was for conduct detrimental?

Honestly, I don't know the inner workings of this thing, I'm just thinking of how the league is going to worm their way out of this one.

They evoked both conduct detrimental and DV. Plus they gave him the DV punishment.

Thing is that was not collectively bargained. The league cannot just deviate from standard practice without collectively bargaining it. They can call it whatever they want but I would not be surprised at the end of all this that the DV policy gets scrapped.

 

[Stash]

They lowered Hardy's from 10 to 6, probably based on 6 was the new standard, he had already missed a year and he committed this before the new standard, so 10 was not comparable to any punishment dolled out prior.

Neither was the 4 games that they ultimately gave him. Their decisions on this have never made any sense.

 

[CowboyStar88]

They evoked both conduct detrimental and DV. Plus they gave him the DV punishment.

Thing is that was not collectively bargained. The league cannot just deviate from standard practice without collectively bargaining it. They can call it whatever they want but I would not be surprised at the end of all this that the DV policy gets scrapped.

I'd like to see Goodell and Friel get scrapped, oh they can take that hack Henderson with them.

 

[Bullflop]

Zeke's lawyers don't know the difference between conscious and conscience. SMH

LOL -- I noticed that as well . . . kinda scary, huh?

 

[Wezsh0T]

What in the world? There really doesn't seem to be very credible evidence from all the stuff we've seen. How can the decision be upheld?

 

[FuzzyLumpkins]

And apparently the judge today drew the same distinction...... Brady doesn't necessarily apply here.

It's funny that Giants troll was telling me that fairness and labor law didn't matter. It's always nice to have a justice come to the same conclusion independently.

 

[Bigdog]

this is not that broad as that,this calls into question the fairness of NFLs investigative process.

I agree with you on this. Just passing along the info. I just wish I can remember the GM. He drafted Manning and quoted as saying who the hell is Mel Kiper any way.

 

[FuzzyLumpkins]

What in the world? There really doesn't seem to be very credible evidence from all the stuff we've seen. How can the decision be upheld?

Henderson colludes with League office and counsel. He is not independent in the least.

 

[PA Cowboy Fan]

Most don't care. You think Sean Lee or Tyron Smith are worried about getting in this kind of trouble? No.

Players care about money and working conditions. The guys that behave themselves, which includes most of them, aren't concerned about the rules in place for the troublemakers.

Well the NFL just opened all the players up to this sort of extortion. Doesn't matter if you are a troublemaker or not. An accusation comes in you are guilty. The precedent's been set.

 

[viman96]

Uh WTH?!

Part of HH's decision:

I find it unnecessary to reexamine all the evidence presented in this record because my careful and diligent review of everything the Commissioner reviewed and relied on draws me to the conclusion that the record contains sufficient credible evidence to support whatever determinations he made. He is entitled to deference on those judgments absent irregularities not present here. While the record contains inconsistencies in statements, an adjudicator makes informed judgments on the credibility of witnesses and evidence.

 

[FuzzyLumpkins]

Most don't care. You think Sean Lee or Tyron Smith are worried about getting in this kind of trouble? No.

Players care about money and working conditions. The guys that behave themselves, which includes most of them, aren't concerned about the rules in place for the troublemakers.

I've read several reports that are completely contrary to this. Demaurice Smith also contradicts your claim. The players are very much concerned about this.

 

[Plumfool]

1. The players and NFLPA signed the contract in good faith (i.e. Goddell doesn't suspend players for outrageous reasons, being unfair, blatant disregard for process, etc.)
2. The players and NFLPA never agreed to the revised CBA, post-Rice case.

Another thing people fail to understand. Good faith is a legal term.

 

[Little Jr]

If you read the judgment in the Brady case, the court states that there were no issues of fundamental fairness. The case itself was about the integrity of the game itself and had no precedent.

This case has plenty of issues with fundamental fairness. It is about a criminal complaint and it has tons of precedent.

Also the DV policy was not collectively bargained.

Just forget about the Brady case. It was never as all encompassing as people have been claiming.

That's what the final ruling was but the nflpa was fighting fairness of the case. The judges just didn't see that way. Except for the 1st judge who ruled in favor of Brady.

 

[Stash]

I agree with you on this. Just passing along the info. I just wish I can remember the GM. He drafted Manning and quoted as saying who the hell is Mel Kiper any way.

You're thinking of Bill Polish I believe. But that kiper quote wasn't him.

 

[Roadtrip635]

Trolling for attention. Smh Put on some skimpy clothing and take that attention seeking behavior over to Instagram if you want attention.

 

[NeonNinja]

You guys SURE his lawyers are the sharpest knives in the drawer? They misused the word 'conscious' in the press release. It should be 'conscience'.

https://www.vocabulary.com/articles/chooseyourwords/conscious-conscience/

Yes, it's a typo but it won't change anything. When I worked at a courthouse (many years ago) this occurred quite often.

 

[drawandstrike]

It's funny that Giants troll was telling me that fairness and labor law didn't matter. It's always nice to have a justice come to the same conclusion independently.

Read @Frank_Cawley 's TL on Twitter. He was there for the hearing today. The judge made it very clear he didn't buy the NFL's arguments on suppressing Robert's views or Friel's claim her own conclusions were 'cumulative' of the entire investigation. That right there is a huge red flag.

Elliott's going to get this TRO granted. He's going to play the entire season.

 

[Galian Beast]

There is one instance no one has considered.

Everyone assumes this will go to the 5th circuit. Who is to say that the 5th circuit will even hear the appeal?

They could simply decline and the lower court ruling would prevail.

Edit: I don't think the 5th district has discretionary review. Will have to look into that.

 

[Sydla]

Uh WTH?!

Part of HH's decision:

I find it unnecessary to reexamine all the evidence presented in this record because my careful and diligent review of everything the Commissioner reviewed and relied on draws me to the conclusion that the record contains sufficient credible evidence to support whatever determinations he made. He is entitled to deference on those judgments absent irregularities not present here. While the record contains inconsistencies in statements, an adjudicator makes informed judgments on the credibility of witnesses and evidence.

LOL. That's quite a rationale there.

 

[FuzzyLumpkins]

That's what the final ruling was but the nflpa was fighting fairness of the case. The judges just didn't see that way. Except for the 1st judge who ruled in favor of Brady.

the appeal went 2-1. The justice here clearly distinguishes this case from Brady. The Brady trumps all ship has sailed. It never floated in the first place.