Oral Argument for Zeke case scheduled for Thursday

Idgit

Fattening up
Staff member
Messages
58,971
Reaction score
60,826
CowboysZone ULTIMATE Fan
Thanks for your thoughts. If they use this part as their argument, it might lead people to believe that they did overreach unfairly to make a point.

Yeah, they don't really have an argument. Moreover, they had however many months to make a decision, and then hand out the suspension right as the games start. The timing of this was entirely of their choosing and selected to keep Elliott's team from appealing if it could.

It's stupid. They probably win any case where they elect to suspend a player if they just treat everybody fairly and then use their judgement. They start playing with the rules and looking unnecessarily punitive and partial, and it creates a shitstorm. They own it now, however it turns out.
 

CCBoy

Well-Known Member
Messages
45,514
Reaction score
21,754
Yeah, they don't really have an argument. Moreover, they had however many months to make a decision, and then hand out the suspension right as the games start. The timing of this was entirely of their choosing and selected to keep Elliott's team from appealing if it could.

It's stupid. They probably win any case where they elect to suspend a player if they just treat everybody fairly and then use their judgement. They start playing with the rules and looking unnecessarily punitive and partial, and it creates a ****storm. They own it now, however it turns out.

Yea owners, win at any cost...:cool:
 

plymkr

Well-Known Member
Messages
9,514
Reaction score
14,139
Not really. Especially since the league itself was willing to let Elliott play back in week 1 due to the late timing of their announcement. I think they're argument comes down to respect for the commissioner's pronouncements given the obvious latitude the CBA grants him, but it's unclear how the league can make a case that they're hurt by justice getting delayed. Especially not on a balance of equity basis, since Elliott stands to lose so much more in terms or records, guarantees, post season opportunity, and endorsements.

The league probably makes a broad appeal to the public interest argument, that it hurts interest in the league to be getting so much negative publicity in a situation where they have perfect authority to suspend a player. At a time when viewership is trending down to begin with. It's costing them in terms of their reputation with potential advertisers, or that the appearance that they can't enforce a DV suspension might counter their attempts to court an audience who'd be favorable to an announcement of a DV suspension. But it's pretty tough to put a convincing measure on what that harm might be worth our how it could be tied to this case.

I think the league's strongest argument is on the 'likelihood of success' challenge.
Does anyone know when this current CBA will expire? I'm sick of Goodell and what he can do. I want some changes made. I'm actually hoping for a strike by the players to get this guy out. Football in the Goodell era has not been as fun to watch.
 

Idgit

Fattening up
Staff member
Messages
58,971
Reaction score
60,826
CowboysZone ULTIMATE Fan
Does anyone know when this current CBA will expire? I'm sick of Goodell and what he can do. I want some changes made. I'm actually hoping for a strike by the players to get this guy out. Football in the Goodell era has not been as fun to watch.

2020, I believe. So, not for a while yet.

Who knows? We might have a new commissioner before then. Most of the trouble is more with the commissioner picking stupid fights and making poor decisions. He doesn't *have* to abuse his power, and if he didn't, much of what's gone on would be a non-issue.
 

Nightman

Capologist
Messages
27,121
Reaction score
24,038
Yeah, they don't really have an argument. Moreover, they had however many months to make a decision, and then hand out the suspension right as the games start. The timing of this was entirely of their choosing and selected to keep Elliott's team from appealing if it could.

It's stupid. They probably win any case where they elect to suspend a player if they just treat everybody fairly and then use their judgement. They start playing with the rules and looking unnecessarily punitive and partial, and it creates a ****storm. They own it now, however it turns out.
If they would have given EE a game or 2 for general misconduct there would have been no uproar except from DAL fans

EE would not have gone this far with the appeal IMO except for being labeled a DV abuser

But they chose to hit EE hard and never let up to try and make the next guy think twice about taking the case to Court....... they have no problem overcharging and making the Union defend abusers but losing in Court scares them to death
 

plymkr

Well-Known Member
Messages
9,514
Reaction score
14,139
2020, I believe. So, not for a while yet.

Who knows? We might have a new commissioner before then. Most of the trouble is more with the commissioner picking stupid fights and making poor decisions. He doesn't *have* to abuse his power, and if he didn't, much of what's gone on would be a non-issue.
I've never liked him since spygate. I felt he handled that poorly and then from theree I'm he's just given me reasons not to like him more. I kind of want him gone. So hopefully we'll get someone new.
 

Outlaw Heroes

Well-Known Member
Messages
5,398
Reaction score
6,607


This is irrelevant at the moment. On Thursday the panel will hear arguments regarding the preliminary injunction pending the appeal. They will not be deciding whether the arbitration ruling should be confirmed or vacated but only whether Zeke will be allowed to play while this continues to wind its way through the courts.
 

Thomas82

Well-Known Member
Messages
4,418
Reaction score
3,239
If they would have given EE a game or 2 for general misconduct there would have been no uproar except from DAL fans

EE would not have gone this far with the appeal IMO except for being labeled a DV abuser

But they chose to hit EE hard and never let up to try and make the next guy think twice about taking the case to Court....... they have no problem overcharging and making the Union defend abusers but losing in Court scares them to death

They have no idea what they having coming back around to them.
 

HanD

Well-Known Member
Messages
3,372
Reaction score
3,440
This is irrelevant at the moment. On Thursday the panel will hear arguments regarding the preliminary injunction pending the appeal. They will not be deciding whether the arbitration ruling should be confirmed or vacated but only whether Zeke will be allowed to play while this continues to wind its way through the courts.

exactly that. lots of people are confusing this with the actual hearing and think that his hearing has been moved from district to 2nd circuit appeals. if he gets this injunction, he's still going to get a hearing at the district level and if failla doesn't recuse herself, there will be another appeal on the hearing itself back up to 2nd circuit appeals. there is still a long ways to go unless this injunction is denied this week. They could go that route but i don't see how they don't grant it for irreparable harm for missing games before the actual hearing.
 

Bleu Star

Bye Felicia!
Messages
33,925
Reaction score
19,920
Can we discuss this because I don't feel as though I have a 100% grasp on the possibilities..?

It seems Zeke's legal team has attempted to settle but the NFL clowns are sticking to their toy guns. A reduction to two games with zero admission of wrong doing seems appropriate...

Zeke is the heart of what we have going on right now. Dak is a beast but Zeke's runs drive this team forward on the grand stage. No one else can fill that role. Morris, Smith, McFadden.. Whoever. Good RBs but lacking the transformational abilities of Zeke.

So Thursday seems to be the day where we may learn more around something more concrete in terms of legal outcome. Or is it?
 

PA Cowboy Fan

Well-Known Member
Messages
24,774
Reaction score
50,170
zeke's team denied wanting to settle. not sure if that was damage control or nfl leaking fake news through shefter.
I think the later. No reason for Zeke's team to negotiate unless they take DV off the table. Reduction of games doesn't do him any good without that. It helps the Cowboys but not Zeke.
 

HanD

Well-Known Member
Messages
3,372
Reaction score
3,440
I think the later. No reason for Zeke's team to negotiate unless they take DV off the table. Reduction of games doesn't do him any good without that. It helps the Cowboys but not Zeke.

total agree. just didn't want to accuse schefter or nfl of something i didn't have proof of. oh the irony.....
 

Nightman

Capologist
Messages
27,121
Reaction score
24,038
Zeke and the NFL should be looking to settle.......... this case is ugly and just keeps dragging on

It doesn't do either side any good to continue for another year

In fact Judge Failia will probably order both sides to try and work out a deal before the case actually starts and even if Zeke wins the NFL reserves the right to re-try him if the CA2 finds they acted unfairly...... they will just have to act fairy the next time

2 games for General Misconduct and no admission of DV seems like the consensus..... I guarantee there will be no national uproar if that happens ......even ESPN wants no part of reporting the actual facts of the case..... everyone just wants to move on besides Goodell it seems
 

Bohuntr97

Well-Known Member
Messages
1,109
Reaction score
1,211
Zeke and the NFL should be looking to settle.......... this case is ugly and just keeps dragging on

It doesn't do either side any good to continue for another year

In fact Judge Failia will probably order both sides to try and work out a deal before the case actually starts and even if Zeke wins the NFL reserves the right to re-try him if the CA2 finds they acted unfairly...... they will just have to act fairy the next time

2 games for General Misconduct and no admission of DV seems like the consensus..... I guarantee there will be no national uproar if that happens ......even ESPN wants no part of reporting the actual facts of the case..... everyone just wants to move on besides Goodell it seems

I'm just curious, If it does go back to Failia, would the NFLPA then ask her to recuse herself in light of all the new publicity.
 

Nightman

Capologist
Messages
27,121
Reaction score
24,038
I'm just curious, If it does go back to Failia, would the NFLPA then ask her to recuse herself in light of all the new publicity.
I would....... it can't hurt....... no way she rules for Zeke if she wouldn't even give the injunction

Plus it could help the appeal if she refuses
 

Bohuntr97

Well-Known Member
Messages
1,109
Reaction score
1,211
I would....... it can't hurt....... no way she rules for Zeke if she wouldn't even give the injunction

Plus it could help the appeal if she refuses

Kinda what I thought. I was wondering why they didn't bring it up to begin with. But now I'm thinking they kept it "in their pocket" to use at some later point if needed.
 

Thomas82

Well-Known Member
Messages
4,418
Reaction score
3,239
Mickey Spagnola seems to believe that Zeke is getting suspended based on the history of 2 of the judges on the panel.
 
Top