Mortensen: Elliott Suspension Upheld **merged**

[erod]

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.

Dude.......

You think it matters that much to me? We're on a Cowboys forum. Context, my good man.

 

[CowboyStar88]

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.

Yet every tweet from a legal expert or attorney has refuted who ever you've been listening to. "NFL files in NY because they believe they lost in Texas". That's been the line from every legal expert and attorney. Who are you listening to that has such a vastly different opinion?

 

[aikemirv]

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".

So he should learn not to dump his "friend with benefits" I guess. That's what every NFL player needs to learn from this. You can't have a girlfriend or you can't dump her because you never know what she will say you did to her!

 

[viman96]

If the mainstream media would continue to hammer the NFL on the stupidity of this case that might make a difference but I'm not holding my breath on that. They're in bed with the NFL and they aren't going to go after the golden goose.

From what I see the media is backing the NFL and talk about Zeke like he is guilty. They compare him to Josh Brown more so than Brady because of DV. Obviously Zeke was never charged and yet the media act like he was convicted.

 

[Kevinicus]

So I have seen it mentioned in several places, and Henderson seemed to imply it, that the appeal only had to look at "new" evidence and if the NFL followed procedures in accordance with the CBA (specifically Article 46). Now, I've looked over the conduct policy, and article 46, and I must be blind. I don't see anything that says, or implies, that is true at all. Where is this notion coming from? What am I missing?

 

[Yakuza Rich]

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.

I spoke with a few attorney friends as well, one in particular who deals with this type of stuff.

The general consensus is that EE will get the TRO. Particularly given the judges words on how this was not the Brady case. The NFL is trying to use the Brady case as a precedent, but when the judge talks about it not being the same type of case, there is good hope for a TRO.

However, none of them felt that EE would get the suspension lifted in the end. The wording in the CBA is just too vague and that works in the NFL's favor when all is said and done according to them.

But, they all agreed that EE would be foolish not to fight it.



YR

 

[superonyx]

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/

So based on this logic there is no reason any player should ever even appeal a suspension by Goodell.
Since the judgement or integrity of the decision isnt something they can question or consider, and the process and witnesses and testimony they choose to ignore cant be questioned then why even bother?

 

[Silver Surfer]

So he should learn not to dump his "friend with benefits" I guess. That's what every NFL player needs to learn from this. You can't have a girlfriend or you can't dump her because you never know what she will say you did to her!

I'm considering the broader picture being painted of guy who seems to have problems with alcohol according to his college coach and drug usage according to his friends/acquaintences in addition to hooking up with strange women.

 

[ActualCowboysFan]

So I have to believe this thing gets pushed into the offseason.

Here's how I expect that to play out.

The Cowboys win the Super Bowl. During the parade Randy Gregory lights up a Bob Marley size blunt. Nolan Carroll downs 193 beers to challenge Andre the Giant. Zeke pulls down his pants instead of a girls shirt. Damien Wilson shows up in a B2 bomber and strafes the crowd. And Rolando McClain shows up the size of the Marshmallow man from Ghostbusters 1.


The NFL resposnse is swift and decisive.


The Cowboys are disbanded.
Zeke is banished from the league.
Dak is sent to Cleveland where he loses the starting spot to Rosen.
Dez Bryant is sent to the Eagles where in a surprising turn he beats out Carson Wentz for the starting QB spot, becoming the leagues only left handed QB. His leading receiver is Jason Witten as they continue their statistical dominance from last year.
Jerry is devastated by the loss of his team but turns it into a positive and teams up with Dean Blandino on a stand up comedy tour. All the fun is on the bus.
Garrett's fall is the steepest and most tragic. The only Cowboy to visit the White House after the victory, Garrett suffers permanent damage following an attack by the Secret service. Apparently he had slapped President Trump on the butt so forcefully that the agents took him for a threat. In the ensuing melee, JG suffers fractures to both arms and hands. He later dies of his wounds by suffering a heart attack while attending a charity softball game. The anguish over being unable to clap simply too much to overcome.

 

[Texas_Pete]

I like this:



Kessler is the man.

 

[diefree666]

I spoke with a few attorney friends as well, one in particular who deals with this type of stuff.

The general consensus is that EE will get the TRO. Particularly given the judges words on how this was not the Brady case. The NFL is trying to use the Brady case as a precedent, but when the judge talks about it not being the same type of case, there is good hope for a TRO.

However, none of them felt that EE would get the suspension lifted in the end. The wording in the CBA is just too vague and that works in the NFL's favor when all is said and done according to them.

But, they all agreed that EE would be foolish not to fight it.



YR

at a certain point the taint of corruption and agenda driven decisions is too much for anyone. And this case stinks of it. If Kessler and company are good enough to outline all the mistakes and deliberate omissions and make this case a clear kangaroo court outcome, I think your lawyer friends are not really taking that into account.

Fundamental fairness is something deeply ingrained in our country and out legal system; this case basically takes a dump on that.

I think that is the one thing that will make an honest judge ignore Article 46 and the CBA completely. IF Kessler and company can convince him that the decision to make Zeke an example was made early on and nothing was going to change that.

 

[UDcowboysfan]

I'm not reading through all these pages but here is a hypothetical:

Zeke gets the restraining order and can play this whole year. During a game he is injured and is going to miss a couple games.

Do they cowboys talk him into serving the suspension during that time? Or if he really didn't do anything does he stick out the lawsuit?

My thoughts are that he has very little chance to beat the NFL, even though the evidence is clearly so subjective for the NFL. If he did get injured it would be better off to get this behind him rather than pushing it off to next year It would have to be a minor injury since the suspension would kill his guarantees in his contract.

What a cluster, i'm so disgusted with the NFL.

 

[Swanny]

I'm considering the broader picture being painted of guy who seems to have problems with alcohol according to his college coach and drug usage according to his friends/acquaintences in addition to hooking up with strange women.

Sounds like Brett Favre

 

[Silver Surfer]

So I have to believe this thing gets pushed into the offseason.

Here's how I expect that to play out.

The Cowboys win the Super Bowl. During the parade Randy Gregory lights up a Bob Marley size blunt. Nolan Carroll downs 193 beers to challenge Andre the Giant. Zeke pulls down his pants instead of a girls shirt. Damien Wilson shows up in a B2 bomber and strafes the crowd. And Rolando McClain shows up the size of the Marshmallow man from Ghostbusters 1.


The NFL resposnse is swift and decisive.


The Cowboys are disbanded.
Zeke is banished from the league.
Dak is sent to Cleveland where he loses the starting spot to Rosen.
Dez Bryant is sent to the Eagles where in a surprising turn he beats out Carson Wentz for the starting QB spot, becoming the leagues only left handed QB. His leading receiver is Jason Witten as they continue their statistical dominance from last year.
Jerry is devastated by the loss of his team but turns it into a positive and teams up with Dean Blandino on a stand up comedy tour. All the fun is on the bus.
Garrett's fall is the steepest and most tragic. The only Cowboy to visit the White House after the victory, Garrett suffers permanent damage following an attack by the Secret service. Apparently he had slapped President Trump on the butt so forcefully that the agents took him for a threat. In the ensuing melee, JG suffers fractures to both arms and hands. He later dies of his wounds by suffering a heart attack while attending a charity softball game. The anguish over being unable to clap simply too much to overcome.

Don't know what you're on... but it must be good stuff!

 

[mahoneybill]

I spoke with a few attorney friends as well, one in particular who deals with this type of stuff.

The general consensus is that EE will get the TRO. Particularly given the judges words on how this was not the Brady case. The NFL is trying to use the Brady case as a precedent, but when the judge talks about it not being the same type of case, there is good hope for a TRO.

However, none of them felt that EE would get the suspension lifted in the end. The wording in the CBA is just too vague and that works in the NFL's favor when all is said and done according to them.

But, they all agreed that EE would be foolish not to fight it.



YR

I agree Zeke should fight this to save his character as that's whats really at stake here in the end. Even if he winds up serving a suspension that will fade but the label won't....

 

[aikemirv]

I'm considering the broader picture being painted of guy who seems to have problems with alcohol according to his college coach and drug usage according to his friends/acquaintences in addition to hooking up with strange women.

Different lesson.......

 

[NeonNinja]

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.

Names or links where they said he wouldn't get TRO?

 

[Silver Surfer]

Different lesson.......

Same results.

 

[Jarv]

Even if the NFL could win in an appeal, I think they may want to and eventually drop this. The reason comes back to defamation of character. The NFL labeled him as a domestic abuser, which was their biggest mistake. If they had just stuck with conduct detrimental to the league and not labeled him as a domestic abuser, we probably wouldn't be in this situation now.

The label is already out there, Pandora's box has been opened and the horses have made their escape. It's the ole case of...they may win the legal fight, but will surely lose the civil case. If the NFL is willing to take on the civil case and the consequences of it, so be it.

Money talks, in the end maybe a settlement is reached? If I was Zeke though, the civil suit wouldn't be just against the league, I would be naming individuals involved in the process, who are for me personally, the ones that really matter....Roger and Lisa

 

[LittleD]

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

Different circumstances completely in that DV is a criminal case offense and proper procedures were not followed according to the NFLPA. Deflating footballs
is not and was not a criminal offense. DV carries a stigma for years and affects Zeke's earning power without sufficient proof of guilt.