NFLPA Files Temporary Restraining Order! **merged**

Sydla said:
The problem is that people don't really understand the law. They just assume that because there is a CBA in place that trumps everything but as I heard a lawyer mention on TV a few days ago, while CBAs give the nitty gritty of how a union/employer relationship works, a CBA still has to operate within the boundaries of labor laws. So while the NFL has a CBA that gives Goodell wide latitude here, the CBA doesn't give him carte blanche to just punish anyone based on his own ****s and giggles. He still has to operate within the confines of labor law and in this case, there is an argument to be made that he did not conduct a fair hearing, which labor law would require.
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This is correct. People interpreting the mere existence of a CBA to mean Goodell can tell all the players & coaches in the league "I can screw you as hard and as often as I want to. I can be as unfair as I want because that CBA gives me the power to do whatever I want to." have no clue what they are talking about.
 
stasheroo said:
I completely agree with you. And don't forget the awful precedent that the league would be setting for each and every other player in the league.

They'd effectively be putting a target on everynone of them for the next gold-digging opportunist to make up stories to get their hands on that player's money too.

And when the league has adopted a guilty until proven innocent stance as they have clearly done here, every player in the league is at risk of extortion.
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I agree. When the player is wrong I have no issue and when the league is wrong or any business then I expect fairness. To me this is not about winning for the small guy it is all about fairness be it for the employee or the employer.
 
Sydla said:
The problem is that people don't really understand the law. They just assume that because there is a CBA in place that trumps everything but as I heard a lawyer mention on TV a few days ago, while CBAs give the nitty gritty of how a union/employer relationship works, a CBA still has to operate within the boundaries of labor laws. So while the NFL has a CBA that gives Goodell wide latitude here, the CBA doesn't give him carte blanche to just punish anyone based on his own ****s and giggles. He still has to operate within the confines of labor law and in this case, there is an argument to be made that he did not conduct a fair hearing, which labor law would require.
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Yep, all CBAs are governed by the National Labor Relations Act, the Uniform Arbitration Act, as well as federal and state laws but it will all come down to whether or not a majority of appellate judges on the final appeals panel agrees that what the NFL did was unfair to Elliot. If not, the NFL will win.
 
Where the NFL is screwing up is by hitching its power to this case. To date the league has been able to keep players under its thumb by hiding behind the CBA. As has been mentioned, a CBA doesn't replace labor laws. This case is such a cluster that the league could end up losing some of its unilateral authority because of it.

This is one reason why you don't want to be in the investigation business. Because you will eventually be held accountable for the results of those investigations and if you don't do it right, it's a tremendous waste of time and resources. Not to mention the league is doing more damage to the brand that is the NFL than any one player has done.
 
drawandstrike said:
This is correct. People interpreting the mere existence of a CBA to mean Goodell can tell all the players & coaches in the league "I can screw you as hard and as often as I want to. I can be as unfair as I want because that CBA gives me the power to do whatever I want to." have no clue what they are talking about.
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I believe that was one of Zeke's text messages to his beneficial friend according to the documents released.
 
Yakuza Rich said:
+1.

I understood his statement on upholding the appeal as there not being any new evidence, so that's all he could review.
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I have not seen anything in the CBA or article 46 that says that is all he could review. It seems like something people made up.
 
Sydla said:
Exactly.

I still entertain the possibility that he did do something here. I mean he's shown questionable judgment in other cases.

But the leap to calling someone a woman abuser is a MASSIVE leap and that's a stigma that doesn't go away. For the NFL to essentially call him that with little to any concrete evidence simply for their own PR purposes is a disgrace and they need to burn for it.
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I entertained the thought that Zeke probably did something. But reading thru the Florida police officers testimony I became convinced nothing happened. I've been on quite a few DV calls when I was city police officer. And what he described was exactly what I would have looked for. And the alleged victims behavior that night would have told me that she was making stuff up as well.

The things that Elliott has been shown to be guilty of are not out of the norm of college kid behavior. It's not out of the norm of any early twenties kids behavior. What he's being accused of though is so repugnant that even in some prison circles he would be condemned. There should have been a better case against Elliot if they were gonna attached such a label to this young man. The NFL should be ashamed of themselves.
 
drawandstrike said:
This is correct. People interpreting the mere existence of a CBA to mean Goodell can tell all the players & coaches in the league "I can screw you as hard and as often as I want to. I can be as unfair as I want because that CBA gives me the power to do whatever I want to." have no clue what they are talking about.
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That's actually pretty much what CA2 ruled last year, which is why Elliott rushed to file in another district.

BTW, the coaches are not a party to the CBA. They have a separate set of rules.
 
stasheroo said:
And I can't help but to think that he's wouldn't take too kindly to the NFL filing in New York and essentially trying to steal the case away from him in order to get a ruling more to their liking.

I know I sure wouldn't like seeing an obvious attempt to manipulate the justice system happening right in front of me.
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If we were being honest, we'd admit both sides are doing precisely that. Let's not kid ourselves, the whole reason Elliott rushed to file in CA5 was to avoid the NFL filing in CA2 (which was a wise move and it is working). In CA2, Elliott doesn't have a rat's chance in hell due to last year's precedent.
 
Ghost12 said:
If we were being honest, we'd admit both sides are doing precisely that. Let's not kid ourselves, the whole reason Elliott rushed to file in CA5 was to avoid the NFL filing in CA2 (which was a wise move and it is working). In CA2, Elliott doesn't have a rat's chance in hell due to last year's precedent.
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Is he using the NFL's strategy against them by filing first? Absolutely.

And thus far, the league has substantiated every reason for it.

Their "neutral arbitrator" is a paid puppet and the process is a sham.

And they tried to do exactly what they did with the Brady case last year this time around.

Fool me once...
 
Cowboys22 said:
The little nugget ai took from the Will Cain tweets is that the Texas docket is very busy meaning if he grants the TRO/PI, it will take quite a while to complete the process. I'm pretty sure Zeke's lawyers already knew this and is part of the reason they chose Texas.
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This - and I read that one of Zeke's attorneys has worked with Judge Mazzant before. Familiarity with how a judge decides cases is quite advantageous.
 
stasheroo said:
Is he using the NFL's strategy against them by filing first? Absolutely.

And thus far, the league has substantiated every reason for it.

Their "neutral arbitrator" is a paid puppet and the process is a sham.

And they tried to do exactly what they did with the Brady case last year this time around.

Fool me once...
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Oh absolutely. The NFLPA learned a lot of lessons during the Brady case. His case paved the way for how well this one has been handled. Not sure how many in here remember, but back in 2015, everyone assumed Brady would appeal his suspension in a court of law and he would probably do so in Minnesota. The NFL surprised everyone by filing first with their "Motion to Confirm" so they got to choose the setting which ultimately worked in their favor (Brady did indeed file in Minnesota, but since he filed second, it was thrown out of Minnesota and sent to NY). And that's why the same legal team didn't even bother waiting for the (sham) arbitrator's ruling this time around.

Then next time this happens, the NFL will probably be sure to file extra early in CA2 so the player doesn't get to choose the venue.
 
Ghost12 said:
Oh absolutely. The NFLPA learned a lot of lessons during the Brady case. His case paved the way for how well this one has been handled. Not sure how many in here remember, but back in 2015, everyone assumed Brady would appeal his suspension in a court of law and he would probably do so in Minnesota. The NFL surprised everyone by filing first with their "Motion to Confirm" so they got to choose the setting which ultimately worked in their favor (Brady did indeed file in Minnesota, but since he filed second, it was thrown out of Minnesota and sent to NY). And that's why the same legal team didn't even bother waiting for the (sham) arbitrator's ruling this time around.

Then next time this happens, the NFL will probably be sure to file extra early in CA2 so the player doesn't get to choose the venue.
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Hopefully by that time, the legal system has something in place for these shenanigans.
 
Doomsday101 said:
Myself I just want fairness. Vast majority of the time I have no problem with punishments that have been handed down even Cowboy players. Player knows the rules about drug use or performance drugs and are caught and suspended I have never once complained about the leagues authority to suspended those who violate league rules. In this situation it is different because they are taking the word of a person who has asked others to lie for them, who has been shown as lacking credibility, where there is sworn statements of others that paint a different picture than what she has claimed. The fact the evidence she is showing are her own pictures not those of medical staff who would have documented and examined her. There are so many reason she give for more than reasonable doubt. The league is picking and choosing what evidence they will look at and critical evidence including from their own lead investigator that they are dismissing.

Honestly this has little to do with Zeke or the Cowboys it has to do with what I see in complete unfairness by the league.
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Agreed plus I am extremely bothered by the notion that a football league can be pressured by its sponsors and a shrill public to create its own system of "justice" outside of and inferior to the one we’ve already established for all citizens in this country
 
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