NFLPA Files Temporary Restraining Order! **merged**

[Nightman]

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 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.

The team was caught red-handed with tampered balls and only NE balls were under inflated
They had dozens of texts from the equipment guys admitting to the scheme
They had past statements from Brady and Belichick about how they liked the balls deflated
Brady destroyed his phone the day he was to testify

Still the first judge clearly went to the guilt or innocence angle during arguments
They also went to 'timely notice' of the expected punishment and other players that only got fines for tampering with equipment

Whether the SCOTUS took the case or not will never be known but Brady has the means to proceed with the best minds available and the equal punishment angle looked like a real winner

OTOH Elliott appears to be innocent to anyone looking at the facts and not just in Dallas
It is classic she-said he-denies and accusations aren't evidence...... no LEOs believed her account
The only evidence are pictures, that in no way implicate EE, of some bruises that may have been caused by a fist fight with another woman

I think he has a very strong case

 

[The Natural]

 

[robjay04]

 

[Bizwah]

What is that?

 

[calvin]

What is that?

Basically what Wallach is saying the NFL wants the transcripts of the Tuesday hearing in order to file an appeal (to an expected TRO in favor of Elliott today) with the 5th circuit court.

In other words the NFL expects to lose today, so they want to have their appeal set to go as soon as possible.

 

[ThreeandOut]

Basically what Wallach is saying the NFL wants the transcripts of the Tuesday hearing in order to file an appeal with the 5th circuit court.

In other words the NFL expects to lose today, so they want to have their appeal set to go as soon as possible.

Not only lose the TRO but that it will go straight to an injunction.

 

[Ghost12]

The team was caught red-handed with tampered balls and only NE balls were under inflated
They had dozens of texts from the equipment guys admitting to the scheme
They had past statements from Brady and Belichick about how they liked the balls deflated
Brady destroyed his phone the day he was to testify

Still the first judge clearly went to the guilt or innocence angle during arguments
They also went to 'timely notice' of the expected punishment and other players that only got fines for tampering with equipment

Whether the SCOTUS took the case or not will never be known but Brady has the means to proceed with the best minds available and the equal punishment angle looked like a real winner

I am not going to argue guilt or innocence since an individual's opinion on those matters - for either Brady and Elliott - are overwhelmingly a function of geography and your post above shows a lack of familiarity with the facts.

As for Brady's miniscule chance of appeal, you are correct in that he had the best legal minds available to him... those legal minds lost the CA2 en banc appeal request (while using absence of equal punishment in their arguments). Conventional wisdom is those same legal minds informed him he didn't have a rats chance in hell of getting a Supreme Court hearing. To call it a 1% chance is generous since it just didn't fit the type of case the highest court in the land takes up.

 

[Ghost12]

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.

It may not be right but it is perfectly legal and it is the tactic the NFL used to defeat the NFLPA in the Brady case.

 

[speedkilz88]

 

[jwitten82]

Damn, whats the hold up

 

[WillieBeamen]

 

[Ghost12]

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.

The NFL wants the hearing in NY (2nd Circuit Court of Appeals) because they already have a binding ruling from that Circuit's highest appeals court establishing that Goodell has a ridiculously wide latitude to do whatever he wants. The NFLPA knows that *any* district is better than CA2 because at least then they can start fresh. That's why they did what they did.

Please bear in mind I am not criticizing the NFLPA for doing what they did. Filing first in a favorable district is a smart legal tactic, one they lost out on 2 years ago. But if we are being honest, we would admit that it was forum shopping, pure and simple.

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.

Brady lives/works in Massachusetts but it wasn't a Massachusetts district court that heard his case because 2 years ago the NFLPA lost the race to the courthouse. They learned their lesson and applied it to improve their strategy here. Please don't fool yourself into thinking this was about where Elliott lives or works. It was about maximizing his chances of winning the case, and it was a very wise strategy.

 

[Beast_from_East]

Fisher once again with some ground breaking reporting here.......this was announced like a couple of days ago.

 

[Cowboys22]

Basically what Wallach is saying the NFL wants the transcripts of the Tuesday hearing in order to file an appeal (to an expected TRO in favor of Elliott today) with the 5th circuit court.

In other words the NFL expects to lose today, so they want to have their appeal set to go as soon as possible.

They may have already been notified by the judge of his impending decision. Not a good sign that they are in need of the official transcripts.

 

[viman96]

Assuming that is CDT and not EDT?

 

[Beast_from_East]

They may have already been notified by the judge of his impending decision. Not a good sign that they are in need of the official transcripts.

Only possible need for transcripts at this point would be for filing an appeal..........or maybe they just want them as a souvenir.....LOL

 

[Ranching]

Only possible need for transcripts at this point would be for filing an appeal..........or maybe they just want them as a souvenir.....LOL

Or Roger needs some toilet paper. Lol

 

[Cowboys22]

Only possible need for transcripts at this point would be for filing an appeal..........or maybe they just want them as a souvenir.....LOL

Another thing it shows is that they expect the case to stay in Texas.

 

[erod]

My legal brain is spent.

Hurry up already!

 

[goshan]

The team was caught red-handed with tampered balls and only NE balls were under inflated
They had dozens of texts from the equipment guys admitting to the scheme
They had past statements from Brady and Belichick about how they liked the balls deflated
Brady destroyed his phone the day he was to testify

Still the first judge clearly went to the guilt or innocence angle during arguments
They also went to 'timely notice' of the expected punishment and other players that only got fines for tampering with equipment

Whether the SCOTUS took the case or not will never be known but Brady has the means to proceed with the best minds available and the equal punishment angle looked like a real winner

OTOH Elliott appears to be innocent to anyone looking at the facts and not just in Dallas
It is classic she-said he-denies and accusations aren't evidence...... no LEOs believed her account
The only evidence are pictures, that in no way implicate EE, of some bruises that may have been caused by a fist fight with another woman

I think he has a very strong case

no, the courts aren't looking at guilt or innocence. they are looking at fair process.
most opinions I have heard/read/seen (outside of Cowboy fans) believe Elliott is likely guilty of some sort of violence, but agree it is not provable in a court of law.