NFLPA Files Temporary Restraining Order! **merged**

[Ghost12]

Cannot motion to confirm a judgment that has not been made.

You can file a motion for anything you darn well want. Whether or not the motion is granted is up to the judge. Until this week, the conventional wisdom was you couldn't file a motion to overturn a judgment that had not yet been made, yet Elliott did precisely that.

 

[Cowboys22]

You can file a motion for anything you darn well want. Whether or not the motion is granted is up to the judge. Until this week, the conventional wisdom was you couldn't file a motion to overturn a judgment that had not yet been made, yet Elliott did precisely that.

Surprisingly there is case law affirming what Kessler did. They referenced several past cases where it was ruled a TRO/PI could be sought before an appeal decision was made. If the plaintiff had exhausted all options and had no more requirements to meet, they could file if they showed procedural flaws or unfair process even before the arbiter ruled.

 

[GhostOfPelluer]

Surprisingly there is case law affirming what Kessler did. They referenced several past cases where it was ruled a TRO/PI could be sought before an appeal decision was made. If the plaintiff had exhausted all options and had no more requirements to meet, they could file if they showed procedural flaws or unfair process even before the arbiter ruled.

Yeah (again, not a lawyer) it would seem that they gave the arbitration hearing a chance before filing. Just as the NFL can see where the Texas hearing is going, Zeke's representation could see where the arbitration ruling was going.

 

[Ghost12]

Brady still had 2 of the 4 judges side with him and he looked pretty guilty

If that is the criteria we are using, you should be aware that Elliott "looks pretty guilty" to most people outside Dallas. However, like in the Brady case, whether or not the player is actually innocent has no bearing on the court case. While the filing states Elliott would have been exonerated in a fair proceeding, the primary arguments to overturn the suspension rely on fundamental fairness and procedure.

The NFL and the Wells report didn't come off as competent or fair.....if Brady kept fighting I think he had a good chance of winning based on previous equipment tampering cases were met with fines and Brady was never specifically warned he could be suspended for telling his assistants to tamper with the balls

The next step was the US Supreme Court, which accepts fewer than 1% of cases which are appealed to them, and the Brady case had none of the criteria which fits a "typically accepted" case the USSC hears. To say Brady "had a good chance of winning" is a statement which can never really be proven wrong, but it completely ignores reality and USSC history.

 

[Tenkamenin]

I'm not sure if I heard this right, but on The Fan they just said that Goodell could put Zeke on the exempt list and he'll not be able to play even with the TRO. Someone please clarify.

 

[Western]

You can file a motion for anything you darn well want. Whether or not the motion is granted is up to the judge. Until this week, the conventional wisdom was you couldn't file a motion to overturn a judgment that had not yet been made, yet Elliott did precisely that.

A "judgement" was already made once the Arbitration hearing concluded on August 31st.
Later that day, the NFLPA legally and properly filed its petition in Federal Court in the Eastern District of Texas.

The undisputed facts:
Elliott had already suffered injury to his reputation from the unlawful and looming six-game suspension based on accusations that he had categorically denied under oath;
Henderson had already violated the Labor Management Relations Act and CBA by making final procedural rulings that denied Elliot access to critical evidence and deprived Elliott of a fundamentally fair hearing; and
Elliott was already imminently threatened by a pending suspension that was the product of a fundamentally unfair hearing and the NFL suppressing evidence in violation of the CBA.

Not only that, there is case law which supports that point that a litigant need not wait until he has suffered irreversible harm to file a lawsuit—he can do so when his “asserted injury would be concretely felt in the logical course of probable events.”

 

[phildadon86]

I'm not sure if I heard this right, but on The Fan they just said that Goodell could put Zeke on the exempt list and he'll not be able to play even with the TRO. Someone please clarify.

Pretty sure the team has to request that. Something I don't think will happen lol

 

[Ghost12]

Surprisingly there is case law affirming what Kessler did. They referenced several past cases where it was ruled a TRO/PI could be sought before an appeal decision was made. If the plaintiff had exhausted all options and had no more requirements to meet, they could file if they showed procedural flaws or unfair process even before the arbiter ruled.

It was a smart move and it paid off. I am glad they did it.

 

[Ghost12]

A "judgement" was already made once the Arbitration hearing concluded on August 31st.

Unless you are making a comment on the fact that the entire outcome was pre-determined, that statement is not accurate. The NFLPA/Elliott filed before the ruling from Henderson. It was a smart move and I am glad they did it. I just wouldn't want to be the next NFL player going through this process because it will be the league's turn to figure out a way to one-up the NFLPA's strategy employed here.

 

[Cowboys22]

Pretty sure the team has to request that. Something I don't think will happen lol

That's what I thought but I don't think it's true. He could do it but talk about a PR nightmare. Kessler would immediately go to court for another injunction. The exempt list has never been used in a case like this.

 

[Beast_from_East]

Any word on the NY suit?

Don't see how they can move it at this point, but nothing would surprise me.

 

[Ghost12]

I'm not sure if I heard this right, but on The Fan they just said that Goodell could put Zeke on the exempt list and he'll not be able to play even with the TRO. Someone please clarify.

The player must consent to being placed on the exempt list. Being that it is a paid vacation, I wouldn't mind being placed on my employer's exempt list.... but I don't see Elliott consenting.

 

[Western]

Unless you are making a comment on the fact that the entire outcome was pre-determined, that statement is not accurate. The NFLPA/Elliott filed before the ruling from Henderson. It was a smart move and I am glad they did it. I just wouldn't want to be the next NFL player going through this process because it will be the league's turn to figure out a way to one-up the NFLPA's strategy employed here.

The outcome was predetermined:

1. Arbitration was presided over by the NFL’s unilaterally-designated, partial arbitrator with long-standing professional and economic ties to the League as the former head of Respondent NFL Management Council;

2. Henderson then denied the most essential evidentiary requests made by Elliot, including its request for access to critical and exculpatory witnesses and documents;

3. NFL was exposed for trying to suppress Roberts’ conclusion, after reviewing all of the evidence and interviewing Thompson six times,

4. The League’s investigation had accumulated insufficient evidence to overcome Thompson’s credibility problems and discipline Elliott; and

5. Henderson has never, in his history, completely overturned a Commissioner suspension.

So, yea Elliot was left with no option other than filing a petition to vacate the arbitration ruling before Henderson rubber-stamped Goodell's six-game suspension.
Elliot faced an impending threat of an imminent and adverse outcome.
Based on the above points, it was logical that Elliot would face harm and imminent threat to his career absent filing the petition.

 

[Ghost12]

The outcome was predetermined:

1. Arbitration was presided over by the NFL’s unilaterally-designated, partial arbitrator with long-standing professional and economic ties to the League as the former head of Respondent NFL Management Council;

2. Henderson then denied the most essential evidentiary requests made by Elliot, including its request for access to critical and exculpatory witnesses and documents;

3. NFL was exposed for trying to suppress Roberts’ conclusion, after reviewing all of the evidence and interviewing Thompson six times,

4. The League’s investigation had accumulated insufficient evidence to overcome Thompson’s credibility problems and discipline Elliott; and

5. Henderson has never, in his history, completely overturned a Commissioner suspension.

So, yea Elliot was left with no option other than filing a petition to vacate the arbitration ruling before Henderson rubber-stamped Goodell's six-game suspension.
Elliot faced an impending threat of an imminent and adverse outcome.
Based on the above points, it was logical that Elliot would face harm and imminent threat to his career absent filing the petition.

You don't need to give me a 5-point presentation demonstrating the outcome was predetermined; I agree 100% with that statement. But let's be honest: the preemptive court filing was 100% about forum shopping and keeping his appeal out of CA2. It wasn't about "having no other option ... facing an impending threat and adverse outcome."

 

[viman96]

Are we there yet?

 

[Blackspider214]

When will this ruling come down?

 

[HanD]

That's what I thought but I don't think it's true. He could do it but talk about a PR nightmare. Kessler would immediately go to court for another injunction. The exempt list has never been used in a case like this.

except the nfl would put him on the exempt list and then immediately file that in ny to uphold that specific action. i wouldn't expect any less based on their corruption but then again...they've been a poop show up until this point.

 

[HanD]

You don't need to give me a 5-point presentation demonstrating the outcome was predetermined; I agree 100% with that statement. But let's be honest: the preemptive court filing was 100% about forum shopping and keeping his appeal out of CA2. It wasn't about "having no other option ... facing an impending threat and adverse outcome."

right. but based on necessity per the brady case. it's not right that the nfl can make a ruling and then arbitrate it and then file first in court in a favorable district based on knowing the outcome and when it will come down. only the plaintiff should be able to file on an outcome.

 

[Western]

You don't need to give me a 5-point presentation demonstrating the outcome was predetermined; I agree 100% with that statement. But let's be honest: the preemptive court filing was 100% about forum shopping and keeping his appeal out of CA2. It wasn't about "having no other option ... facing an impending threat and adverse outcome."

NFLPA and Elliott are the natural plaintiffs here, their choice of venue is appropriate. Elliot filed his action because the NFLPA and him were denied fundamental fairness, and because Elliott is enduring harm to his reputation, season, and career. The NFL faces no harm whatsoever—NFL does not allege any breach of the CBA by the NFLPA or Elliott. The only reason the NFL filed in New York to confirm the arbitration award was to escape the NFLPA's filed petition in the Eastern District of Texas.

Also, judicial efficiency supports keeping the matter in the Eastern District of Texas. The Court has already spent considerable time reviewing numerous briefs and the arbitral record submitted by the parties.

Elliott resides and works as an NFL employee in the Eastern District of Texas; his team, the Dallas Cowboys, are headquartered there; and in that District is where the irreparable harm resulting from the fundamentally unfair arbitration proceedings will be felt by both Elliott and the Cowboys if the arbitration award is not vacated.

 

[mardwin]

except the nfl would put him on the exempt list and then immediately file that in ny to uphold that specific action. i wouldn't expect any less based on their corruption but then again...they've been a poop show up until this point.

You have to deal with the Dallas Cowboys lawyers and Jerry Jones then not just the NFLPA.