NFLPA Files Temporary Restraining Order! **merged**

[CowboyStar88]

What due process? The process is essentially:
1. The leauge investigates
2. The league makes disciplinary decision
3. Appeal reviewed by expert panel
4. Final decision

It sucks, but thems the rules. Zeke and his team have to prove conspiracy or kick rocks.

Spoiler: They'll be kicking rocks.

I guess we will see

 

[CowboyStar88]

That was before December 2014, when the new policy was introduced. It has no bearing here.

A policy that was never "collectively bargained" don't forget that.

 

[Cowboys22]

Zeke's lawyers are arguing that there was a conspiracy to damage Zeke. If they can't do that, it doesn't matter what the league did wrong in the eyes of the judge. Prove conspiracy or kick rocks.

That's their PR to the press. In front of the judge, they argued the process was flawed due to numerous reasons, many of which the judge appeared to agree with 100%.

 

[ConceptCoop]

If you're right, no injunction will be granted. If it is granted, the judge is saying there is a case to consider here.

A case to be considered--sure. But the burden of proof will be very tough for them to meet.

 

[ConceptCoop]

A policy that was never "collectively bargained" don't forget that.

Yeah, I'm not taking the leagues side on this at all. It's an absolute joke.

 

[ConceptCoop]

That's their PR to the press. In front of the judge, they argued the process was flawed due to numerous reasons, many of which the judge appeared to agree with 100%.

They're going to court in an attempt to prove conspiracy. That's not PR.

 

[HanD]

What due process? The process is essentially:
1. The leauge investigates
2. The league makes disciplinary decision
3. Appeal reviewed by expert panel
4. Final decision

It sucks, but thems the rules. Zeke and his team have to prove conspiracy or kick rocks.

Spoiler: They'll be kicking rocks.

So u dont think doing number 1 as a show and ignoring it because you predetermined number 2 is a break of due process?

 

[Cowboys22]

They're going to court in an attempt to prove conspiracy. That's not PR.

No they're not. They are saying the process was flawed by suppressing Roberts' conclusions and not allowing Zeke's lawyers to see the interview notes. They may be using the word to heighten their case but their arguement doesn't hinge on proving some grand conspiracy. It hinges on showing the NFL made numerous decisions that led to a flawed and unfair process.

 

[CowboyStar88]

Yeah, I'm not taking the leagues side on this at all. It's an absolute joke.

The conspiracy part really is part of a greater PR move.

Zekes lawyers are arguing Fundamental fairness of the process. Great article about it.

http://sports-law.blogspot.com/2017/08/nfls-evidence-exclusion-may-pave-way.html?m=1

 

[viman96]

I believe the NFL scrubbing Roberts findings could be considered malpractice.

 

[Cowboys22]

I believe the NFL scrubbing Roberts findings could be considered malpractice.

It sounded like thjudge did to.

 

[CowboyStar88]

@ConceptCoop you need to read the replies to you here as well. @FuzzyLumpkins he asked can't edit our responses so let's see.

 

[erod]

A case to be considered--sure. But the burden of proof will be very tough for them to meet.

Perhaps not.

The NFL did some really brain-dead stupid things here. To not even make Kia Roberts findings available to Zeke's attorneys just screams of corruption and conspiracy. To basically dismiss her, and not send anyone else to talk to Thompson sounds like an effort to prove a predetermined conclusion.

Kia Roberts is pissed. She ASKED to testify in front of Henderson. She will be the STAR WITNESS throughout. That's what a succesful case needs. She is going to trash that office and give up the goods on its operations.

And the next court case will allow Kessler to subpoena other people from the NFL office, including Goodell.

Kessler is going to publicly destroy the NFL office from a PR standpoint.

Tough to win? Perhaps, but there is a lot more meat for Kessler to chew on than he had with Brady.

 

[Kaiser]

What due process? The process is essentially:

3. Appeal reviewed by expert panel
.

No offense, but this made me laugh. If you have read the transcripts posted here or the transcripts of Greg Hardy's hearing (also posted on this site) the words "expert panel" don't belong within a million miles of Henderson. He is a Yes Man that delivers whatever the NFL tells him to deliver. He may be an expert at cashing checks, but that is it.

 

[Beast_from_East]

Question on nflpa filing tro with this specific court. Ive been hearing from every media outlet today that if granted injunction, and nfl appeals to 5th circuit court, that they are conservative and tend to rule in favir of management in labor cases. Is the media wrong? If not why didnt they file in a district with more favorable chance when nfl appeals? Any help ia appreciated.

5th circuit Court of Appeals is in New Orleans and they are considered very conservative, but the alternative is the 2nd circuit Court of Appeals in New York and they voted 2-1 in the league's favor in the Brady case.

So its pick your poison, do you want the 2nd circuit that already has voted in the league's favor before or do you want to take your chances and hope you can flip a judge in the 5th circuit?

Both avenues are long shots, but obviously the league thinks the 2nd circuit is more friendly to them since they are trying to get the case moved.

 

[Beast_from_East]

What due process? The process is essentially:
1. The leauge investigates
2. The league makes disciplinary decision
3. Appeal reviewed by expert panel
4. Final decision

It sucks, but thems the rules. Zeke and his team have to prove conspiracy or kick rocks.

Spoiler: They'll be kicking rocks.

Its not quite that simple my friend, if you read a lot of the excerpts that have been posted on Twitter from people that were in the courtroom in Sherman yesterday, you would see that the main point the judge was grilling the NFL lawyers over was leaving Kia Robert's out of the loop. The judge even called it "suppression of a dissenting view" and specifically noted that unlike the Brady case which involved Article 46, that "suppression of dissenting view" falls under the "fundamental fairness" clause of the CBA.

So you see, the NFLPA and Team Zeke don't have to prove any conspiracy took place, they just have to convince the judge that there was a concerted effort by the league to not allow Kia Roberts to express her views as Director of NFL Investigations. This is the one thing the judge seemed very concerned about and absolutely grilled the NFL lawyers.

So we shall see..........and if a TRO is granted its almost guaranteed that an injunction will be granted also due to the requirements of a TRO (not only irreparable harm done, but petitioner has shown his case would win on the merits). If an injunction is granted, it has to go to the 5th circuit Court of Appeals in New Orleans to be removed and they currently have a year and a half waiting time for new cases filed, barring it receiving emergency status.

So you are looking at early 2019 right now for the 5th Circuit to hear an appeal of normal order........Zeke plays until then

 

[Cas2800]

Zeke's lawyers are arguing that there was a conspiracy to damage Zeke. If they can't do that, it doesn't matter what the league did wrong in the eyes of the judge. Prove conspiracy or kick rocks.

this is what they are arguing:

Post by ActualCowboyFam:
In cases where a player is not charged with a crime, or is charged but not
convicted, he may still be found to have violated the Policy if the credible evidence establishes that he engaged in conduct prohibited by this Personal Conduct Policy.


And here's no less an authority than Mr. Kessler, who btw has been running circles around the NFL and all the internet lawyers since he stepped onto the scene, arguing exactly what you are denying.

https://mobile.twitter.com/i/web/status/905173194667151360

If he's right here, and he references previous decisions in there as well where the NFL used that language, then the whole focus only on Roberts and the process seems poorly aimed. It seems that if they can make that case the league has no shot but everyone only focuses on the process aspect.

 

[HanD]

5th circuit Court of Appeals is in New Orleans and they are considered very conservative, but the alternative is the 2nd circuit Court of Appeals in New York and they voted 2-1 in the league's favor in the Brady case.

So its pick your poison, do you want the 2nd circuit that already has voted in the league's favor before or do you want to take your chances and hope you can flip a judge in the 5th circuit?

Both avenues are long shots, but obviously the league thinks the 2nd circuit is more friendly to them since they are trying to get the case moved.

Totally understood. The original question was could they file in another more favorable circuit? I read brady tried minnesota after nfl filed in ny and it was thrown out cause nfl filed first. Or was 2nd circuit the best choice? 2nd and 5th circuits werent their only choices right?

 

[Texas_Pete]

 

[Yakuza Rich]

That's their PR to the press. In front of the judge, they argued the process was flawed due to numerous reasons, many of which the judge appeared to agree with 100%.

They argued that the process was flawed, but also unfair in this situation to the judge. They argued that it was unfair for EE to not be able to cross examine his accuser and the NFL stated that they don't do it due to fear of victimization. But EE's team stated that this is based on credible evidence and Tiffany Thompson is a part of that evidence to determine if it's credible or not. The judged seemed to agree that it was flawed and unfair.. We'll see on Friday.



YR