Mortensen: Elliott Suspension Upheld **merged**

[superonyx]

If Zeke wins in Federal District Court and the case is appealed to the 5th circuit court of appeals, it will be next year before all
litigation is finished. Zeke has a good case in the lower courts but, less so in the appeals court. He would likely have to serve the 6 games
next season.

Why is this? Why is his case stronger in the lower courts and not in the appeals courts?

 

[Texas_Pete]

 

[Silver Surfer]

Spell checker. Mine changes valid words at random all the time.

Spell checker failure does not exonerate poor performance from a professional organization charging large sums of money for their services. You check the document before it goes out to the public.

 

[mrmojo]

If the suspension is served this year or not the young lady accomplished what she set out to do, and that should be a scary thought for all the NFL athletes out there. A NFL career is relatively short and to have this drag on for one or two years of your career could be devastating, especially for a running back. Honestly if I were Zeke I would take the suspension and move on.

 

[TheHerd]

One thing no one seems to be talking about in this case is the anti-trust exemption the NFL enjoys.

After the Ray Rice fiasco, the Senate had a lot of discussions about stripping the league of it's permanent anti-trust exemption and requiring some form of reapplication, perhaps every 5 years, and only granting anti-trust exemption status if the league was on its best behavior in terms of handling DV.

BTW, Roger was his typical reactionary self and applied a indefinite suspension to Rice, but a court overturned that suspension saying it was arbitrary. There's that word again. That's when Roger made up the 6 game rule, which was NOT collectively bargained. The league got the owners to agree but refused the NFLPA request to collectively bargain this change. So anyone saying this suspension (at leas the 6 game part) is part of the CBA is simply wrong.

 

[John813]

Guess I'm not too shocked. Last thing the NFL wants is to looks soft on DV, regardless of the evidence leaked out so far.
Especially after Josh Brown last year.
Rather fight the suspension in court, and if they lose then they can say they didn't reduce the suspension, fighting against DV yada yada yada.

 

[LandryFan]

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.

Come on and get with it, man...it's spelled LUDICRIS...I googled and found that on the internet myself! For some reason, though, it was Rap-related...I'll never figure that one out.

 

[superonyx]

Zeke has a good chance in District Court, but Appeals Court is going to be a problem.

Why? Because team Zeke is arguing procedural errors were made, so the Appeals Court would remand the case back to the NFL to make new decision with correct procedures.

Kinda like when a procedural error is made in a criminal case, the case is remanded back down and retried. The alleged criminal doesn't just walk free if an error was made during his first trial.

Good description. I am no attorney and didnt even sleep in a holiday inn last night. However, I would have to wonder if an appeals court would send a case back to the NFL if Zeke's team is able to show evidence of conspiracy by the NFL.
I can see the reason for a error being sent back to have it corrected but I believe Zeke's team will know this and are counting on being able to prove that a league that was unfair in their biased judgement previously and cannot be trusted to suddenly be fair the next go round.

I can see this ending with a true neutral court appointed arbitrator vs Goodell and the FO Mafia getting the case back. Just my hopeful opinion.

 

[Miller]

I laugh daily at this fiasco because the commish and his cronies do so much talking out the other side of their face and no one calls them on it...until now in similar articles. Henderson now claims he can't look at evidence and go against RG but only looks at the procedure of how he got to the results. But didn't he disagree with Hardy? And why would you have a arbitrator if they couldn't look at the big picture? Just a joke

https://www.cbssports.com/nfl/news/...-cant-second-guess-goodell-but-he-has-before/

 

[Silver Surfer]

We're closing in on the correct spelling of ludicrous........

 

[LandryFan]

Let's Do It Babies!
Let's Burn Rome Down!!!

I remember that movie...that was Slim Pickins riding that missile.

 

[erod]

I've listened to numerous attorneys speak this morning about this, and it doesn't sound great for Zeke.

They are saying that it's not likely that the Texas judge will grant the TRO based on what the NFLPA filed. They said the only issue is Kia Roberts recommendations, and that if the NFL would have allowed her in the final meetings, this would be open and shut in favor of the NFL. That alone very well may not get the stay they want because judges don't like to get involved with internal company policy.

The best route, they said, was to angle at the consistency issue of suspensions that have been handed out, but that may not be enough either.

My biggest concern is Zeke being away from the team altogether for six weeks. I shudder at how he'll spend that time.

 

[Kevinicus]

So...when are Goodell and Friel going to be suspended in accordance with the Conduct Policy?

Conduct that undermines or puts at risk the integrity of the NFL, NFL clubs, or NFL personnel.

I would say that all three could apply, and 2 certainly do.

 

[manster4ever]

Spell checker failure does not exonerate poor performance from a professional organization charging large sums of money for their services. You check the document before it goes out to the public.

Bingo

 

[CowboyStar88]

Spell checker. Mine changes valid words at random all the time.

Yea man at no point did I mean to type "duck"

 

[Silver Surfer]

My biggest concern is Zeke being away from the team altogether for six weeks. I shudder at how he'll spend that time.

If the dude can't figure out how to behave after getting slapped in the face by this situation, its probably better the that Cowboys find out now so they can learn how to move forward without him.

Its time for him to "grow tfu".

 

[LandryFan]

Does anyone have anything tangible to point to, to suggest it's beneficial that the case stays in Dallas?

It's not that it's so beneficial that it is in Dallas, it's beneficial because it is not in NY, where the NFL seems to get favorable decisions.

 

[manster4ever]

I've listened to numerous attorneys speak this morning about this, and it doesn't sound great for Zeke.

They are saying that it's not likely that the Texas judge will grant the TRO based on what the NFLPA filed. They said the only issue is Kia Roberts recommendations, and that if the NFL would have allowed her in the final meetings, this would be open and shut in favor of the NFL. That alone very well may not get the stay they want because judges don't like to get involved with internal company policy.

The best route, they said, was to angle at the consistency issue of suspensions that have been handed out, but that may not be enough either.

My biggest concern is Zeke being away from the team altogether for six weeks. I shudder at how he'll spend that time.

Gimme a break man....'I shudder at how he'll spend that time'. Do you really erod? Lots of things make me shudder these days, but how EE will spend his time while suspended isn't one of them. He needs to grow up and get his S%!t together. You need to get your priorities straight IMHO. I love football and the Cowboys but if he can't get his act together, life and this team will go on. Hopefully he'll realize that while he's suspended and stay on the straight and narrow. Part of that process is being more selective with the company he keeps.

 

[Sydla]

I laugh daily at this fiasco because the commish and his cronies do so much talking out the other side of their face and no one calls them on it...until now in similar articles. Henderson now claims he can't look at evidence and go against RG but only looks at the procedure of how he got to the results. But didn't he disagree with Hardy? And why would you have a arbitrator if they couldn't look at the big picture? Just a joke

https://www.cbssports.com/nfl/news/...-cant-second-guess-goodell-but-he-has-before/

Clown show. Total clown show.

 

[Sydla]

I've listened to numerous attorneys speak this morning about this, and it doesn't sound great for Zeke.

They are saying that it's not likely that the Texas judge will grant the TRO based on what the NFLPA filed. They said the only issue is Kia Roberts recommendations, and that if the NFL would have allowed her in the final meetings, this would be open and shut in favor of the NFL. That alone very well may not get the stay they want because judges don't like to get involved with internal company policy.

The best route, they said, was to angle at the consistency issue of suspensions that have been handed out, but that may not be enough either.

My biggest concern is Zeke being away from the team altogether for six weeks. I shudder at how he'll spend that time.

Interesting because I've heard the opposite. The NFLPA will get the TRO. Now long term, Zeke may end up losing upon appeal down the road.