News: PFT: Elliott judge’s husband works for law firm that helped craft CBA

[Reality]

Elliott judge’s husband works for law firm that helped craft CBA

The judicial questionnaire signed by Judge Failla in June 2012 includes this statement and commitment: “My husband is a partner at the law firm of Proskauer Rose LLP. I would recuse myself from any cases in which Proskauer Rose is a party or is representing a party.”
...

Again, Proskauer Rose wasn’t, and isn’t, actively representing the NFL in this case. However, Canon 2 of the Code of Conduct for United States Judges compels all federal judges to avoid not only impropriety but also the appearance of impropriety. From Canon 2: “An appearance of impropriety occurs when reasonable minds, with knowledge of all the relevant circumstances disclosed by a reasonable inquiry, would conclude that the judge’s honesty, integrity, impartiality, temperament, or fitness to serve as a judge is impaired.”

Would a reasonable mind conclude that Judge Failla’s impartiality is impaired by the past and apparently ongoing business relationship between the NFL and Proskauer Rose, especially when the very document at issue in the case is the document Proskauer Rose helped the NFL craft?

http://profootballtalk.nbcsports.co...and-works-for-law-firm-that-helped-craft-cba/

 

[NeonNinja]

Interesting. Wonder if this could be applied to his next appeal?

 

[CowboyStar88]

Just like with everything in this situation with Zeke, it doesn't matter they wanted to make a case out of nothing and they did. Screw appearance, truth it is all irrelevant here.

 

[HungryLion]

FIGHT THIS ZEKE.

#finishthefight

 

[Boyzmamacita]

Just sue 'em, Zeke. Big time.

 

[ghosttown cowboy]

Why does this not shock me at all?...

 

[Reality]

Interesting. Wonder if this could be applied to his next appeal?

Absolutely. I wouldn't even be surprised if the defense already knew this and purposely waited to use it as a "just-in-case" contingency plan.

While I'm not an expert, the judge's ruling focused on the CBA, of which her husband was a part of, which is what I think creates a real problem in this situation. If she had not mentioned or referenced the CBA, I think it would have been a more difficult argument.

 

[CowboyStar88]

Absolutely. I wouldn't even be surprised if the defense already knew this and purposely waited to use it as a "just-in-case" contingency plan.

While I'm not an expert, the judge's ruling focused on the CBA which is what I think creates a real problem in this situation. If she had not mentioned or referenced the CBA, I think it would have been a more difficult argument.

Zeke and his lawyers have been quiet. I wonder if there is something here

 

[diefree666]

Absolutely. I wouldn't even be surprised if the defense already knew this and purposely waited to use it as a "just-in-case" contingency plan.

While I'm not an expert, the judge's ruling focused on the CBA, of which her husband was a part of, which is what I think creates a real problem in this situation. If she had not mentioned or referenced the CBA, I think it would have been a more difficult argument.

the judge should have recused herself; and since she did not; and her husband was part of the team that built the CBA AND she quoted it extensively in her decision; then I think there is a shot at having her decision challenged as being tainted

 

[SultanOfSix]

Absolutely. I wouldn't even be surprised if the defense already knew this and purposely waited to use it as a "just-in-case" contingency plan.

While I'm not an expert, the judge's ruling focused on the CBA, of which her husband was a part of, which is what I think creates a real problem in this situation. If she had not mentioned or referenced the CBA, I think it would have been a more difficult argument.

This would be hilarious.

A chess move by Kessler that no one saw coming.

 

[Stash]

I certainly hope that this is vigorously pursued.

 

[Reality]

Zeke and his lawyers have been quiet. I wonder if there is something here

The problem will be if they are asked if they knew about it beforehand as some judges will say if they did, they should have said something before the ruling if they had a problem with the judge. It really comes down to when (or if) they knew this and which judge reviews their appeal.

 

[sacase]

There was no way she was recusing herself. She had to help her hubby. hope this bites her and the NFL in the end.

 

[Playmaker247]

It’s laughable at this point

 

[pugilist]

Absolutely. I wouldn't even be surprised if the defense already knew this and purposely waited to use it as a "just-in-case" contingency plan.

While I'm not an expert, the judge's ruling focused on the CBA, of which her husband was a part of, which is what I think creates a real problem in this situation. If she had not mentioned or referenced the CBA, I think it would have been a more difficult argument.

playing devil's advocate here, I think 2CA tells Kessler to pound sand, should've raised question(s) on impropriety during the hearing yesterday

 

[Reality]

playing devil's advocate here, I think 2CA tells Kessler to pound sand, should've raised question(s) on impropriety during the hearing yesterday

See my other post above

 

[Richmond Cowboy]

 

[Plankton]

You can't make this stuff up. What a spit show.

 

[links18]

playing devil's advocate here, I think 2CA tells Kessler to pound sand, should've raised question(s) on impropriety during the hearing yesterday

Assuming they knew about it. But judge still should have recused herself without even needing to be prompted by the lawyers. Just terrible and another illustration of why the institutions continue to lose their legitimacy.

 

[CowboyStar88]

The problem will be if they are asked if they knew about it beforehand as some judges will say if they did, they should have said something before the ruling if they had a problem with the judge. It really comes down to when (or if) they knew this and which judge reviews their appeal.

For the sake of argument let's say they did know it. Whats to stop them from saying they were notified AFTER the hearing? I mean they had to know the league was going to play dirty, so why not play the NFL's own game?