Oral Argument for Zeke's case 10/2

Plumfool

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"Ignorance".

The NFL is attempting to defend a blatantly unfair process in which it always gets to pick the venue to hear it's discipline cases. It already resoundingly lost in one courtroom.

It's about to lose in another.


And when the Appeals courts rejects this argument, a precedent is going to be set. The NFL being able to pull this cute trick where it waits for it's own employee to tip them off he's about to rule so they can run to their hand picked court and file the case there will be ended forever. The playing field between league and player will be leveled, and the NFL is going to lose this blatantly unfair advantage.

You described this attempt to defend a blatantly unfair process as 'a strong case'. If you can't handle criticism of that, that can't be helped.

Looking at this from the angle "The only reason this hearing is happening is because the 5th Circuit is going to rule in the NFL's favor" I can see why some are getting this whole thing wrong.


People don't understand how unfair the process is. The league so far has been in total control leaving defendants with really no recourse at all. It's ridiculous for the NFL to be able to hear an appeal and then run to court, of their choosing first, so that their decision is backed.

If individuals paid attention to Zekes lawyers argument they already knew it wasn't going to work out before the hearing even started. So they filed first stating that was the reason why.
 

drawandstrike

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I wish I possessed the legal vernacular that a lot of the posters here have, but I don't. So I may need some need some translations.

This seems bad for Zeke, right? If it were just a cut and dry irreparable harm ruling, then there would be no need, imo, to have an oral argument. However, if this is all relating to jurisdiction, then how does that change the landscape for Zeke and the likely hood of a suspension being served this season?

The NFL is going to attempt to make the same argument it made in Mazzant's courtroom: No case should have been filed anywhere until Henderson made his ruling.

Everyone knows that Henderson is an NFL employee, and he was going to tip the NFL off as to when he was going to rule, thus allowing the NFL to file first. The NFL pulled this same neat trick in the Brady case.

The argument basically boils down to this: We must ALWAYS get to pick the venue where these discipline cases are heard. The players can NEVER be allowed to file first.

Mazzant already pointed out how blatantly unfair this is & rejected the NFL's argument that it must ALWAYS be allowed to file first in a jurisdiction of it's own choosing.

The NFL is now going to attempt this SAME argument in the 5th Circuit Court of Appeals.

The 5th Circuit will hear the NFL out, then make a ruling.
 

Ghost12

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I assume when Ghost12 talked about you "putting ignorance on display," the reference was to your persistent incorrect use of it's instead of its. But I could be wrong...
No, I don’t worry about spelling/grammar. I meant an overall ignorance by dismissing the NFL’s case so out of hand.

Yes, the NFL lost round 1. They also lost round 1 to Brady.
 

Gaede

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I wish they would just go ahead and suspend him.

We can all cling to the hope that the NFLs ridiculous investigation and arbitration will negate the suspension, but we all know-deep down- that the courts will favour the billion dollar corporation over the individual.


We're just wasting our time with this crap
 

Elziegreat83

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No, I don’t worry about spelling/grammar. I meant an overall ignorance by dismissing the NFL’s case so out of hand.

Yes, the NFL lost round 1. They also lost round 1 to Brady.
I do feel it's almost a foregone conclusion that the NFL will ultimately win and Zeke will be suspended. I feel that it would benefit the cowboys if the that suspension started in 2018 as opposed to this season. My rationale is that it gives the Cowboys and offseason to prepare for 6 games without Zeke. I don't think they're are as well equipped to handle a Zeke suspension this season for a litany of reasons.

It does seem as though that today's news makes it a larger possibility that Zeke will serve his suspension THIS season. Right?
 

gimmesix

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I do feel it's almost a foregone conclusion that the NFL will ultimately win and Zeke will be suspended. I feel that it would benefit the cowboys if the that suspension started in 2018 as opposed to this season. My rationale is that it gives the Cowboys and offseason to prepare for 6 games without Zeke. I don't think they're are as well equipped to handle a Zeke suspension this season for a litany of reasons.

It does seem as though that today's news makes it a larger possibility that Zeke will serve his suspension THIS season. Right?

This is my thought as well. If the case is decided in March, then the team can prepare through free agency or the draft to be without Elliott for six games. We might can get by with McFadden and Morris, but neither is ideal as a replacement for that length IMO.
 

Corso

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I wish they would just go ahead and suspend him.

We can all cling to the hope that the NFLs ridiculous investigation and arbitration will negate the suspension, but we all know-deep down- that the courts will favour the billion dollar corporation over the individual.


We're just wasting our time with this crap
Some peeps love their football more than things more serious...
Something I need to reconcile right now.
 

Elziegreat83

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This is my thought as well. If the case is decided in March, then the team can prepare through free agency or the draft to be without Elliott for six games. We might can get by with McFadden and Morris, but neither is ideal as a replacement for that length IMO.
exactly. also, the fact that Dak would be in his 3rd season and better equipped to shoulder more of the load.
 

drawandstrike

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The NFL immediately demanded a hearing on jurisdiction the moment Mazzant ruled against them and granted the injunction.

That was...2 weeks ago.

The NFL has been pressing daily for this hearing. They just asked again the other day in the hopes of getting this jurisdiction hearing done before the Monday night game so in case they actually connected on this Hail Mary, Elliott's suspension would begin immediately, taking him out of the Cardinals game.

The court was so eager to grant the NFL's request they just told the NFL that they're perfectly willing to hear their motion to dismiss based on jurisdiction....almost 2 weeks from now, in early October. After 2 more games have been played. Can you *feel* the urgency?

Let me correct a false narrative I see creeping into this thread, that somehow, out of the blue, like a lightening bolt from beyond, the 5th Circuit just decided to grant the NFL a hearing on it's request to dismiss the case in TX because Mazzant should've never been granted jurisdiction over it.

The NFL has been pressing for this hearing for 2 weeks. It's not 'out of the blue'. It's not the 5th Circuit just suddenly agreeing to hear this on it's own.

The 5th Circuit has been in no hurry to grant this hearing because the NFL is pretty much limited to the same argument it made 2 weeks ago: it's unfair that the PLAYER got to file first before their arbiter made his ruling on upholding the suspension. The NFL always gets to file first, and pick the court venue, or something something unfair argle bargle.

If you think that's a really compelling case, well we'll see.

Remember how some of the same people were scaring you before Mazzant ruled 2 weeks ago. The same cast of characters is at it again. They thrive on drama, suspense, and panic.
 

Hawkeye0202

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I see just the opposite.......the fact they are asking the NFL to file additional information. Hell, they have the same information from previous judge ruling. The fact they asking for more is like telling the NFL what have now is NOT enough to rule in your favor. God knows I'm no Atty or legal expert but that the way I read it.
 

drawandstrike

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I see just the opposite.......the fact they are asking the NFL to file additional information. Hell, they have the same information from previous judge ruling. The fact they asking for more is like telling the NFL what have now is NOT enough to rule in your favor. God knows I'm no Atty or legal expert but that the way I read it.

The Court appears to be saying this to the NFL:

"You keep *asking* for this case to be tossed out of this Texas court. Um.....on what basis? What we already see here? Do you...I don't know...have anything else to strengthen this argument you wish to make before this court?"

That's how I read it too.
 

Elziegreat83

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I see just the opposite.......the fact they are asking the NFL to file additional information. Hell, they have the same information from previous judge ruling. The fact they asking for more is like telling the NFL what have now is NOT enough to rule in your favor. God knows I'm no Atty or legal expert but that the way I read it.
I don't believe they're asking for more info. At this point it appears to be about jurisdiction.
 

Hawkeye0202

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The NFL immediately demanded a hearing on jurisdiction the moment Mazzant ruled against them and granted the injunction.

That was...2 weeks ago.

The NFL has been pressing daily for this hearing. They just asked again the other day in the hopes of getting this jurisdiction hearing done before the Monday night game so in case they actually connected on this Hail Mary, Elliott's suspension would begin immediately, taking him out of the Cardinals game.

The court was so eager to grant the NFL's request they just told the NFL that they're perfectly willing to hear their motion to dismiss based on jurisdiction....almost 2 weeks from now, in early October. After 2 more games have been played. Can you *feel* the urgency?

Let me correct a false narrative I see creeping into this thread, that somehow, out of the blue, like a lightening bolt from beyond, the 5th Circuit just decided to grant the NFL a hearing on it's request to dismiss the case in TX because Mazzant should've never been granted jurisdiction over it.

The NFL has been pressing for this hearing for 2 weeks. It's not 'out of the blue'. It's not the 5th Circuit just suddenly agreeing to hear this on it's own.

The 5th Circuit has been in no hurry to grant this hearing because the NFL is pretty much limited to the same argument it made 2 weeks ago: it's unfair that the PLAYER got to file first before their arbiter made his ruling on upholding the suspension. The NFL always gets to file first, and pick the court venue, or something unfair argle-bargle.

If you think that's a really compelling case, well we'll see.

Remember how some of the same people were scaring you before Mazzant ruled 2 weeks ago. The same cast of characters is at it again. They thrive on drama, suspense, and panic.

Excellent narrative ......what also interesting is this appeal was filed BEFORE Judge Mazzant (ms?) issued his ruling on Monday denying the NFL request to lift his stay. Other words, the NFL did exactly what they accused Zeke atty of doing ..........Judge Mazzant admonished in his Monday ruling.
 

drawandstrike

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Excellent narrative ......what also interesting is this appeal was filed BEFORE Judge Mazzant (ms?) issued his ruling on Monday denying the NFL request to lift his stay. Other words, the NFL did exactly what they accused Zeke atty of doing ..........Judge Mazzant admonished in his Monday ruling.

A lot of the people freaking out right now haven't really followed this.
 

CanadianCowboysFan

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I wish they would just go ahead and suspend him.

We can all cling to the hope that the NFLs ridiculous investigation and arbitration will negate the suspension, but we all know-deep down- that the courts will favour the billion dollar corporation over the individual.


We're just wasting our time with this crap

easy for you to say, you aren't the one branded an abuser
 

Floatyworm

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Yep.

It's interesting that the 5th Circuit wants to discuss this matter. It doesn't mean Zeke is at risk here but it would definitely fall into the category of this not falling into the category of good news for Elliott.

I actually think the 5th curcuit is letting the NFL dig it's own grave. "Yes....please explain how you wanted a different venue where you have the judges in your back pocket"....and not come out of this looking like a bunch of Wall Street gold diggers.:rolleyes:

The more the NFL fights this...the worse the league looks. It's a witch hunt...plain and simple. They think they are protecting the shield...when infact they are doing more damage...than this Elliott ambulance chaser case could possibily cause.
 

haleyrules

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The Court appears to be saying this to the NFL:

"You keep *asking* for this case to be tossed out of this Texas court. Um.....on what basis? What we already see here? Do you...I don't know...have anything else to strengthen this argument you wish to make before this court?"

That's how I read it too.
The NFLPA always win in the lower courts and always lose in the higher courts.
 
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