Mortensen: Elliott Suspension Upheld **merged**

[EST_1986]

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?

Its make it up as you go for the NFL

 

[aikemirv]

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

Reckless disregard for the truth!

 

[MRV52]

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.

I have heard opposite of this. I believe the judge will rule in Elliot's favour.

 

[odog422]

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.

This is what I think will carry the day for EE all the way through the appellate court. Yes there is article 46, but as has been explained in these threads previously, goodell's power of judge/jury/executioner is provided/authorized under the presumption of fundamental fairness. If the only evidence considered is the evidence which supports the idea of a suspension, how is this fair?

 

[DallasCowboys2080]

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

This guy has a great track record on these things and here is what he has said about this case...


9-5-17- Sports Litigator Dan Wallach talks Ezekiel Elliott with Joe Spano...

https://audioboom.com/posts/6272832...=retweet&utm_medium=social&utm_source=twitter

 

[Don Corleone]

Previous information Ive seen, the only way to get suspended for a playoff game is to be suspended for the season. I'm not 100% sure on it but ive seen it multiple places.

These NFL buffoons make up rules as they go.

 

[erod]

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.

Yesterday, I heard the opposite, too. This morning, the tone changed from the attorneys.

Legal experts, more and more, are wrong about this stuff. Tells you that the courts are largely making crap up as they go.

 

[erod]

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

The guy on Mike and Mike in the morning. The attorneys on The Ticket this morning. Can't remember their names.

 

[erod]

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

Hope your friends are right.

 

[Sydla]

The guy on Mike and Mike in the morning. The attorneys on The Ticket this morning. Can't remember their names.

The guy on Mike and Mike said he'd get the TRO but lose long term.

 

[erod]

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?

That's what I heard, too, last night. But this morning, it was a very different tone.

Anyone else listen to the interviews I heard this morning?

 

[Don Corleone]

The guy on Mike and Mike said he'd get the TRO but lose long term.

Then what's the point of the legal process and taking up the courtroom for this case? There has to be a carrot somewhere.

 

[ThreeandOut]

I have no idea how the judges will ultimately decide on this case, but I know it boils down to two questions:

1. Was this a kangaroo court?
2. If so, is the NFL allowed to have a kangaroo court?

 

[cowboys1985]

ESPN's Mike & Mike had an interesting discussion with ESPN commentator, Will Cain, earlier this morning. If you are not familiar, Cain is an attorney, former political analyst with CNN and, now, a commentator for ESPN.

A few of my take-aways from the conversation:
1. The NFL should not be conducting its own investigations into these sort of matters. They are only doing so in response to advocacy and PR pressure, primarily from the Ray Rice case.
2. The questions posed by Judge Mazzant suggests the judge is skeptical of the NFL's argument and will likely grant the TRO
3. Ultimately, Zeke will lose on appeal and the suspension will hold.

Just a quick synopsis - not an my opinion

I generally agree with Will Cain here, however, from reading other legal opinions I think Zeke has a real legal argument that would stand in the legal system even under appeal. There was an article written by Daniel Wallach a couple of weeks ago (It may have been shared on here before) that outlined Zeke's defense. Ultimately people who think Zeke wont win in the court system pretty much chalks it up to Article 46 being the end all. However, there still has to be a "fundamental fairness." I know that's mentioned a lot, but I don't believe people who just say Article 46 really understand the legal definition of fundamental fairness.

Per Wallach - "Under Section 10(a)(3) of the Federal Arbitration Act ("FAA), federal courts can vacate an arbitration award where "the arbitrators were guilty of [any] misconduct . . . by which the rights of any party have been prejudiced, thereby amount[ing] to a denial of [a party's right] to fundamental fairness of the arbitration proceeding." Tempo Shain Corp. v. Bertek, Inc., 120 F.3d 16, 19-20 (2d Cir. 1997)."

The most damning case to be made against the NFL is how Kia Roberts interview notes and opinion was not only disregarded, it was hidden from the NFL findings. Also Harold Henderson not allowing the NFLPA to review notes from the accuser's testimony is damning as well. That flies in the face of the "fundamental fairness" of the NFL decision to suspend and in the arbitration hearing.

My whole point is not to come out say Zeke is going to win this but it's to say that there is a very credible legal argument to say while the NFL has a lot of power under Article 46, they do have it's limits. It's all about which side can make a more compelling argument in court. So people shouldn't get too caught up with people's opinions on this case one way or the other.

Here's the link to Daniel Wallach's article: http://sports-law.blogspot.com/2017/08/nfls-evidence-exclusion-may-pave-way.html?m=1

He also dives into why this case is different than the Brady case when the the NFLPA made the same Fundamental Fairness argument.

 

[ABQCOWBOY]

I have no idea how the judges will ultimately decide on this case, but I know it boils down to two questions:

1. Was this a kangaroo court?
2. If so, is the NFL allowed to have a kangaroo court?

Not sure what constitutes "kangaroo court" but I feel like the answer to these questions are:

1. Yes

2. Yes.

 

[PA Cowboy Fan]

I have no idea how the judges will ultimately decide on this case, but I know it boils down to two questions:

1. Was this a kangaroo court?
2. If so, is the NFL allowed to have a kangaroo court?

Yes and Roger Goodell is the head kangaroo,

 

[Doomsday101]

Friday will be a big day if the Judge does grant Zeke TRO then expect this battle to last several months as it works it's way through the courts.

 

[LandryFan]

I hope Goodell has the decency to NOT come to one game in Dallas this year!

Can you imagine if the NFL awarded the Draft to Dallas??? I can only imagine the reception he would receive when going to the podium to announce the first pick. Probably woul;dn't be physically safe for him to be there, which is why JJ won't get the Draft to be held at the Star.

 

[LandryFan]

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

So does mind...

 

[LittleD]

Guys, the NFLPA gave in to the NFL kangaroo court hook, line and sinker. The only thing that could possibly save the players is that
if the NFLPA called for a strike and walkout this weekend to last until Article 46 was removed from the CBA in total. I think the majority
of players would not want to give up the money so that likelihood is moot. That is probably the only thing that could win for the players and
the only real leverage they have.