NFLPA Files Temporary Restraining Order! **merged**

[Fizziksman]

I seriously don't see how this investigation can stand as legit. This is not just about Zeke, if this witch hunt stands then the precedent will be that the commish can suspend anybody at anytime for any reason regardless of what the evidence shows.

I don't see how the NFLPA accepts this.

the precedent was already set with Deflategate. This is just the continuation of it of Goodell unabashedly using his power to gain leverage over the NFLPA

 

[newera]

✭ DCBlueStar ✭ @DCBlueStar

So there's very little wiggle room here for this to be overturned, but if NFLPA can prove NFL withheld evidence from Goodell…
7:24 PM · Sep 3, 2017

That tweet (and the string of tweets it is associated with) doesn't infer that there isn't enough to overturn, only that Zeke's guilt or innocence isn't what is being argued. She basically says NFLPA is appealing the process and that it is hard to prove, legally, that the process was unfair. This is true, but Zeke's team seems to have as good of a chance as any of getting a favorable ruling

 

[ThreeandOut]

The people that think the Brady case makes this almost impossible for Zeke to win forget that Zeke's case is very different than Brady's. Brady's case was about the rules of football. The NFL would be presumed to be the experts in the rules of their own game so the courts would give great deference to the Commissioner in those matters. But Zeke's case is about domestic violence, an issue that is generally handled in a criminal or civil court. The NFL clearly lacks expertise in this area so I can see the courts ruling against the NFL due to the way they have botched the investigation.

 

[Texas_Pete]

The article by Mike Florio linked in this Tweet is awesome. Kessler should get lifetime season tickets to both home and away Cowboy games after this. The man is brilliant!

 

[stilltheguru88]

Reduction?

 

[Texas_Pete]

Reduction?

In Josh Brown's suspension, Goodell's official statement mentioned there were "mitigating circumstances" that justified a reduction (not with his statement about Zeke's). That's a precedence given that he was actually convicted. Zeke, was not, but Goodell did not mention any "mitigating circumstances" that could lead to a reduction - when there clearly is. Mitigating circumstances could lead to an increase or reduction in suspension. Zeke clearly deserves the latter given all the evidence being leaked from his appeal hearing.

 

[stilltheguru88]

In Josh Brown's suspension, Goodell mentioned there were "mitigating circumstances" that justified a reduction. That's a precedence given that he was actually convicted. Zeke, was not, but Goodell did not mention any "mitigating circumstances" that could lead to a reduction - when there clearly is. Mitigating circumstances could lead to an increase or reduction in suspension. Zeke clearly deserves the latter given all the evidence being leaked from his appeal hearing.

Needs to be omitted not reduced.

 

[Texas_Pete]

Needs to be omitted not reduced.

Agreed, but I was just pointing out that Goodell didn't even admit that it should at least be reduced like he did with JB. This is clearly an example of the inconsistency in doling out punishment the NFLPA is pointing out in their TRO. The evidence suggests the suspension should be vacated.

 

[speedkilz88]

You can reduce to zero

 

[Stash]

Needs to be omitted not reduced.

In reading it, I don't think that's what Kessler is looking for, just asking why mitigating circumstances for reduction weren't mentioned at all.

 

[Stash]

Anyone know if Henderson is able to make a ruling today?

 

[xvendettax914]

Anyone know if Henderson is able to make a ruling today?

He's been able to make a ruling. It was just speculated it would be today or tomorrow as he's got a lot to review. (Per talkin cowboys or the break) can't recall which.

 

[Texas_Pete]

Anyone know if Henderson is able to make a ruling today?

I would be surprised if he does - now that the transcripts of the Zeke's appeal hearing is out there. He wants to "follow orders" and keep that cash flowing in, but in doing so it will make him go down with the ship. No doubt in my mind if this suspension is not vacated, Kessler and Jerry's lawyer will go after all of them. They'll have to testify under penalty of perjury why they upheld a bogus suspension based on a flawed investigation. They want to save face (PR) but they don't want to be sued for punitive damages and face incarceration if they lie under oath.

In the infamous words of TT, Henderson better be smart and not be a dumb man (or something like that).

 

[Proximo]

At the end of the day, any objective observer would agree that Elliott was deprived of a "fair process"....and in my mind that's really the whole point. Now, proving it and getting a courtroom to agree to it is a different story.

The league is definitely due to take an L though.

 

[Stash]

He's been able to make a ruling. It was just speculated it would be today or tomorrow as he's got a lot to review. (Per talkin cowboys or the break) can't recall which.

I'm just thinking he might try to put it out today for the holiday as they like to sneak news out on slow days, or before a weekend.

 

[Yakuza Rich]

Reduction?

Who cares about reduction.

Read Lockharts inane comments:

“The union has single-handedly turned back the clock and trampled on the rights of victims by saying it’s okay to commit violence against women as long as you’re provoked.”

At *no* time did the union say, infer or imply that.

They claimed that Elliott never assaulted Thompson in any way, shape or form.

That they had NUMEROUS witnesses that backed Elliott, including a Florida police officer and friends of Thompson.

Thompson had numerous witnesses she claimed would back her and only *one* of them did...her aunt. And her aunt only claims she saw some bruises on her thru a FaceTime chat.

They pointed out the constant lies that Thompson told that were proven from law enforcement and witnesses.

They showed a video, in the appeal hearing, of Thompson trying to smash the window of her own car to blame it on Elliott.

They showed how Lisa Friel, who you hired, withheld evidence from Kia Roberts (who you hired) and Roberts was the only person to interview Thompson.

They brought forth an expert witness that stated that you simply cannot tell a date from the color of the bruises with today's medicine and technology.

They questions YOUR medical experts who AGREED and admitted they did it anyway.

They showed how one of YOUR medical experts who LIED to get out of being deposed by claiming she was in the hospital when she never went to the hospital and was at home the entire time.

There were numerous witnesses that claimed they saw Thompson freaking out on Elliott, Elliott trying to get away from Thompson and never even touching her and that her friends who didn't know Elliott stated that they don't trust a word that Thompson says anymore.

I hope this idiot understands that this was all transcribed. Of course, he claimed the NFL was going to sue the NY Times for a CTE article where they quoted the league.

Good lord is their an environment of incompetence in the NFL offices.




YR

 

[Stash]

I would be surprised if he does - now that the transcripts of the Zeke's appeal hearing is out there. He wants to "follow orders" and keep that cash flowing in, but in doing so it will make him go down with the ship. No doubt in my mind if this suspension is not vacated, Kessler and Jerry's lawyer will go after all of them. They'll have to testify under penalty of perjury why they upheld a bogus suspension based on a flawed investigation. They want to save face (PR) but they don't want to be sued for punitive damages and face incarceration if they lie under oath.

In the infamous words of TT, Henderson better be smart and not be a dumb man (or something like that).

I agree. Vacating it entirely would help this mess go away and not blow up even further. And rubber stamping it ruins his reputation just like everyone else's.

I think we'll find out how much of a stooge the guy is or isn't very soon.

 

[ThreeandOut]

Kessler's not trying to get a reduction. He's simply showing another way that the NFL did not follow it's disciplinary procedures because they didn't even consider a reduction.

 

[Plankton]

Who cares about reduction.

Read Lockharts inane comments:

“The union has single-handedly turned back the clock and trampled on the rights of victims by saying it’s okay to commit violence against women as long as you’re provoked.”

At *no* time did the union say, infer or imply that.

They claimed that Elliott never assaulted Thompson in any way, shape or form.

That they had NUMEROUS witnesses that backed Elliott, including a Florida police officer and friends of Thompson.

Thompson had numerous witnesses she claimed would back her and only *one* of them did...her aunt. And her aunt only claims she saw some bruises on her thru a FaceTime chat.

They pointed out the constant lies that Thompson told that were proven from law enforcement and witnesses.

They showed a video, in the appeal hearing, of Thompson trying to smash the window of her own car to blame it on Elliott.

They showed how Lisa Friel, who you hired, withheld evidence from Kia Roberts (who you hired) and Roberts was the only person to interview Thompson.

They brought forth an expert witness that stated that you simply cannot tell a date from the color of the bruises with today's medicine and technology.

They questions YOUR medical experts who AGREED and admitted they did it anyway.

They showed how one of YOUR medical experts who LIED to get out of being deposed by claiming she was in the hospital when she never went to the hospital and was at home the entire time.

There were numerous witnesses that claimed they saw Thompson freaking out on Elliott, Elliott trying to get away from Thompson and never even touching her and that her friends who didn't know Elliott stated that they don't trust a word that Thompson says anymore.

I hope this idiot understands that this was all transcribed. Of course, he claimed the NFL was going to sue the NY Times for a CTE article where they quoted the league.

Good lord is their an environment of incompetence in the NFL offices.




YR

Lockhart is a guy who made his name working for a person and administration that wrote the book on victim shaming.

Irony, thy name is Joe Lockhart.

 

[Texas_Pete]

Kessler's not trying to get a reduction. He's simply showing another way that the NFL did not follow it's disciplinary procedures because they didn't even consider a reduction.

Ding ding ding!! This is a way around article 46 IMO. If they didn't follow their own procedures, how can the powers of article 46 be enforced? Article 46 gives Goodell power, provided that they followed agreed upon procedures as spelled out in their CBA.This did not happen so he must vacate the suspension. Or be sued for slander, and libel (false statement of labeling Zeke as a woman beater in a published public statement).