Mortensen: Elliott Suspension Upheld **merged**

[mahoneybill]

Given that the justice here clearly distinguished between this case and the Brady case what precedent would that be? The only other case would be Rice who was punished for DV and he had his suspension vacated by the court.

Which court vacated his suspension ?

 

[Toomany10pins]

I see it as the opposite.

You could very well be right. I've seen cases where judges will be harder on one side and then turn and rule in that side's favor. The reason why is they can say
"They explored every avenue when it came to the facts". It's a "butt covering" tactic.

 

[JW82]

I hope while you are kicking out the mara's of the world, you are kicking out the Rooney's, Kraft's, and Jones'. I don't think ANY ownership group should have any favor with the commish on a singular level. As a group of all of the owners, yes!

If you think the Jones family gets any favor from the league you're smoking something. Mara pulls the strings.

 

[dogberry]

Article XLVI gives the Commissioner the right to sever a hand on a first offense, followed by a head on a subsequent infraction.

The substitution of a schlep for the principal is not usually allowed, but the Radiance of the Commisioner is enough to blind us to deviations from the customary rule.

 

[FuzzyLumpkins]

If this judge grants the preliminary injunction, the remaining litigation will be right there in the Eastern District of Texas before the very same judge.

yup and that feeds into the New Orleans district court.

 

[bsbellomy]

Geez guys. It was a typo!

Sure it was a silly mistake and the release wasn't proof read. But this idea that because a letter was missing makes them incompetent is ludacrous.

It looks to me like Kessler is representing Elliott very well. They will get the TSO and Zeke will play all year. Even though there was a typo in their release.
smh

You misspelled ludicrous.

 

[ActualCowboysFan]

The question becomes which evidence did you look at?

The evidence of who signs his checks is all he needs.

 

[FuzzyLumpkins]

Which court vacated his suspension ?

Minnesota and Doty I believe.

 

[erod]

I'd feel better of Kessler knew how to spell "conscience".

 

[The Fonz]

what is

A BLACKBERRY? what in the HELL? We're a middle class family in Grand Rapids, Michigan and if I gave either of my kids a Blackberry they'd probably tell me 'thanks, but no thanks.' That's if they've ever even seen one. What a clown show this league is.

What is wrong with Blackberry?? the OS is more secure with less bloatware.Phone is a tool to communicate with first and last. who cares what other thinks.

 

[mahoneybill]

Minnesota and Doty I believe.

Thanks

 

[Melonfeud]

Just get it over with. Win 3 out of 6 and then win 8 out of 10 and steam into the playoffs....put this garbage in the rear-view mirror.

Ya,right! Bro,that's a helluva lot more easier said than done ! if you ,me or any other 35,000 + forum members were arbitrarily pinned with the mark of a bloody hand/ white feather,ect. Unjustly ?
I for one would prolly turn to women of Ill reputation, illicit drugs, General Mayhem and various other baser sorts to express my distain of this concerted trophy hunt
Good thing that #21 is constructed of tougher stuff ,,,huh?

 

[casmith07]

This has been talked about. If I understood it correctly there are certain things that can't be signed away. @casmith07 can you explain that again please?

The courts may still disagree in order to protect the institution of collective bargaining, but whenever you negotiate a CBA - whether its pro sports or a steelworkers union - both parties or their representatives are expected to and presumed to negotiate in good faith.

In short, this means that despite the NFLPA "signing away rights," there's a rebuttable presumption that they "signed them away" under a good faith expectation that Goodell/the NFL would execute the powers fairly and in the spirit of the negotiations themselves in the agreement.

This allows for negotiations to be speedy and efficient, rather than the need to negotiate and "codify" every single bit of minutae in something like a CBA.

Additionally, the doctrine of fundamental fairness is another Constitutional Law principle that's applied or invoked for judicial procedure. Courts, oftentimes, like to point to constitutional law principles/doctrines in order to help make determinations on things like contract negotiations and yes, collective bargaining agreements (essentially, contracts).

In sum, the NFLPA gave Goodell disciplinary powers in good faith, trusting Goodell to act with fundamental fairness. Goodell and the league - in trying to railroad players or conspire against players - are, as the Judge in this case seemed to indicate, acting in a manner that is flatly unfair. If they're acting unfairly, then the NFLPA can argue that but for their assumption of good faith on the part of the league, they never would have entered into a bogus CBA or would have ensured they negotiated it differently -- essentially ask the court to use case law to fill in the blanks for fairness with respect to the disciplinary proceeding.

That wasn't short...but I hope that answers it? This is, of course, just one lawyer's interpretation and someone else will certainly have a different opinion.

 

[Plumfool]

The evidence of who signs his checks is all he needs.

Ah yes. I forgot HH is "independent"

 

[Cas2800]

hi-
I want Zeke's suspension to be removed like everyone else but we really don't know the whole story. What has leaked out hasn't been good. The arbitrators lowered Hardy's suspension but didn't touch this one. just think there's more here than we know.
Anyway if Zekes lawyers now sue does the suspension go back burner again?

Here you go.......Read up.

http://en.calameo.com/read/005293353f869b896feaf

 

[CowboyStar88]

I'd feel better of Kessler knew how to spell "conscience".

You think he prepared that statement? He has people who do that for them. Take it up with them. All I care about is what he's doing in the courtroom. So far so good.

 

[FuzzyLumpkins]

Which court vacated his suspension ?

I was wrong. i just looked it up and it was Judge Barbara Jones in NY.

 

[CyberB0b]

This is just one move in a long chess game.

Not really. EE doesn't really have a case. It's been clear since the start.

 

[Yakuza Rich]

So we kick the can down the road for a year. I'm not suggesting Zeke rollover and just take it, but I'm pretty sure the end result will be him missing 6 games

Chances are it's good. But, you don't take something immediately when you don't have to. It's Negotiating 101.

But from a moral point of view, I don't think he did it and all of this future suspension talk and losing games talk is irrelevant to the bigger picture. It's about a man wrongly accused and defending himself. If it means a few losses, a few distractions, a few hurt feelings, etc...so be it.




YR

 

[MRV52]

They need to move the NFL office to a neutral location. Put it with the HoF.

League office should be in Alaska.