News: PFT: How will the Ezekiel Elliott appeal hearing unfold?

Reality

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How will the Ezekiel Elliott appeal hearing unfold?

The CBA doesn’t provide much guidance. And by not much, I mean none. Article 46 says nothing at all about the legal standard that applies, the rights of the player to present evidence or confront witnesses, and/or the duty of the NFL to affirmatively prove its case.

The league office tells PFT that the Commissioner’s decision will be reviewed under the “arbitrary and capricious” standard, which means that it would be overturned only if deemed to be (duh) arbitrary and/or capricious. This implies that the question will simply be whether the Commissioner got it sufficiently wrong that it seems random and without rhyme or reason.

It’s unclear what Elliott will be able to do to prove that. Appeals in a court of law typically occur based on a record of evidence that is closed and completed. But the NFL often takes testimony during these hearings, which makes them instantly different from appeals pursued in the justice system.

http://profootballtalk.nbcsports.com/2017/08/18/how-will-the-ezekiel-elliott-appeal-hearing-unfold/
 

Dhragon

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With NFL Commissioner Roger Goodell choosing Harold Henderson to handle the Ezekiel Elliottappeal hearing, the next question becomes this: What will the appeal hearing look like?


entertainment-courtroom-circus-circus_act-circus_clown-witness_stand-jbtn176_low.jpg
 

beacamdim

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Nothing surprising here.

Ok, so .....

WHAT WAS THE NFLPA THINKING WHEN THEY AGREED TO THIS?

WHY DID THEY NOT EVEN ASK FOR ALL THE PROCEDURAL PROTECTIONS THAT FLORIO NOW SCREAMS FOR?

THEY AGREED TO THIS SYSTEM WHEREBY THE LEAGUE DETERMINES THE PROCESS, THE RULES AND THE PROCEDURES -- AND GAVE THE NFL THE POWER TO MAKE THINGS UP ON THE FLY!!

The union is the bad guy here, for extreme incompetence that the players they are charged with protecting suffer from again and again and again.

But they talk tough, and they will show the NFL what's what by a work stoppage -- IN FOUR YEARS!!

By far the most impotent, mismanaged, weakest, castrated union in pro sports.

At least the players have guaranteed contracts. Oh wait, maybe not.
 
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Idgit

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Ok, so .....

WHAT WAS THE NFLPA THINKING WHEN THEY AGREED TO THIS?

WHY DID THEY NOT EVEN ASK FOR ALL THE PROCEDURAL PROTECTIONS THAT FLORIO NOW SCREAMS FOR?

THEY AGREED TO THIS SYSTEM WHEREBY THE LEAGUE DETERMINES THE PROCESS, THE RULES AND THE PROCEDURES -- AND GAVE THE NFL THE POWER TO MAKE THINGS UP ON THE FLY!!

The union is the bad guy here, for extreme incompetence that the players they are charged with protecting suffer from again and again and again.

But they talk tough, and they will show the NFL what's what by a work stoppage -- IN FOUR YEARS!!

By far the most impotent, mismanagemed, weakest, castrated union in pro sports.

The union blew the CBA by granting the Commissioner to much power in its basis for suspending players. The Commissioner blew it by not exercising sound judgement in too many high profile cases.

The result is a lot of unnecessary damage to the league. Especially among hard core fans who pay attention the most. Now, there's a crisis of confidence, a looming fight over the next CBA is almost inevitable, and we're seeing powerful owners peel off from the rest of the league one by one. It's going to get ugly if everybody doesn't wake up and start acting rational.
 

erod

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Ok, so .....

WHAT WAS THE NFLPA THINKING WHEN THEY AGREED TO THIS?

WHY DID THEY NOT EVEN ASK FOR ALL THE PROCEDURAL PROTECTIONS THAT FLORIO NOW SCREAMS FOR?

THEY AGREED TO THIS SYSTEM WHEREBY THE LEAGUE DETERMINES THE PROCESS, THE RULES AND THE PROCEDURES -- AND GAVE THE NFL THE POWER TO MAKE THINGS UP ON THE FLY!!

The union is the bad guy here, for extreme incompetence that the players they are charged with protecting suffer from again and again and again.

But they talk tough, and they will show the NFL what's what by a work stoppage -- IN FOUR YEARS!!

By far the most impotent, mismanaged, weakest, castrated union in pro sports.

At least the players have guaranteed contracts. Oh wait, maybe not.

You really don't get this?

If the union got tough during negotiations, they would have been doing so for the next generation of players. An NFL career averages 3 years. You'd better get your money now, or you'll just be letting a rookie take it from you later. Likewise, if you're a vet on his last deal, are you going to sacrifice your final year's salary for some rookie who won't appreciate it in five years?

The problem for NFL players is the game is bigger than they are individually. That's not the case in the NBA, and not even in the MLB really. The NBA would crater if you subtracted LeBron, Durant, and Curry. The NFL would be perfectly fine if you subtracted Brady, Rodgers, and Julio.

Ask the NHL players. They regret their last strike big time.
 

beacamdim

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You really don't get this?

If the union got tough during negotiations, they would have been doing so for the next generation of players. An NFL career averages 3 years. You'd better get your money now, or you'll just be letting a rookie take it from you later. Likewise, if you're a vet on his last deal, are you going to sacrifice your final year's salary for some rookie who won't appreciate it in five years?

The problem for NFL players is the game is bigger than they are individually. That's not the case in the NBA, and not even in the MLB really. The NBA would crater if you subtracted LeBron, Durant, and Curry. The NFL would be perfectly fine if you subtracted Brady, Rodgers, and Julio.

Ask the NHL players. They regret their last strike big time.

Look, if the union made a calculated decision not to rock the boat on the disciplinary provisions and sold that part of the CBA to the devil for other, defensible economic reasons then they need to be big boys about it and shut the **** up with all the complaining.

And regardless of any other issue, the guaranteed contracts failure is unique to the NFL, and that failure goes WAY back before football was king.

That issue is NEVER open for discussion even when other unions have taken their beatings at the negotiating table.

Bottom line - the NFLPA is as responsible for this mess as anyone.
 

John813

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You really don't get this?

If the union got tough during negotiations, they would have been doing so for the next generation of players. An NFL career averages 3 years. You'd better get your money now, or you'll just be letting a rookie take it from you later. Likewise, if you're a vet on his last deal, are you going to sacrifice your final year's salary for some rookie who won't appreciate it in five years?

The problem for NFL players is the game is bigger than they are individually. That's not the case in the NBA, and not even in the MLB really. The NBA would crater if you subtracted LeBron, Durant, and Curry. The NFL would be perfectly fine if you subtracted Brady, Rodgers, and Julio.

Ask the NHL players. They regret their last strike big time.

Some players in the NHL definitely found themselves on the outside when it was all said and done. Luckily, quite a few went overseas to play hockey. Something NFL players can't do.
The players in the NFL have a lot more to lose if they actually go on strike. Football is only found in America and Canada.

I could see the NHL one being a last second thing with Fehr still being involved and the NHL decision to not allow players to play in the Olympics.
 

erod

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Look, if the union made a calculated decision not to rock the boat on the disciplinary provisions and sold that part of the CBA to the devil for other, defensible economic reasons then they need to be big boys about it and shut the **** up with all the complaining.

And regardless of any other issue, the guaranteed contracts failure is unique to the NFL, and that failure goes WAY back before football was king.

That issue is NEVER open for discussion even when other unions have taken their beatings at the negotiating table.

Bottom line - the NFLPA is as responsible for this mess as anyone.

No, the problem is that Goodell and a handful of owners allows these outside political agendas to dictate their actions to them. They're so fascinated with expanding their female audience and putting a team in Barcelona that they've circumvented their purpose of just putting a great product on the field and letting it sell itself.

That's why we have pink shoes and gloves for a month, military gear for another week or two, games in London and Mexico, etc.

The pandering is pathetic. Stop playing police force and Judge Judy, and run your stinking league.
 

beacamdim

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No, the problem is that Goodell and a handful of owners allows these outside political agendas to dictate their actions to them. They're so fascinated with expanding their female audience and putting a team in Barcelona that they've circumvented their purpose of just putting a great product on the field and letting it sell itself.

That's why we have pink shoes and gloves for a month, military gear for another week or two, games in London and Mexico, etc.

The pandering is pathetic. Stop playing police force and Judge Judy, and run your stinking league.

It is fair for you or anyone else to criticize how RG runs the league.

But it is naive and plainly incorrect not to blame the union when (insofar as Article 46 is concerned) they voluntarily gave him the unchecked power to do what he feels like.
 

erod

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It is fair for you or anyone else to criticize how RG runs the league.

But it is naive and plainly incorrect not to blame the union when (insofar as Article 46 is concerned) they voluntarily gave him the unchecked power to do what he feels like.
I detest unions, in general. But I understand why this one is so weak.

The NFL is about the game. The NBA and MLB are about their star players. NFL players have no power because they're far more disposable. Just the way it is.
 

robbieruff

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Nothing surprising here.

Ok, so .....

WHAT WAS THE NFLPA THINKING WHEN THEY AGREED TO THIS?

WHY DID THEY NOT EVEN ASK FOR ALL THE PROCEDURAL PROTECTIONS THAT FLORIO NOW SCREAMS FOR?

THEY AGREED TO THIS SYSTEM WHEREBY THE LEAGUE DETERMINES THE PROCESS, THE RULES AND THE PROCEDURES -- AND GAVE THE NFL THE POWER TO MAKE THINGS UP ON THE FLY!!

The union is the bad guy here, for extreme incompetence that the players they are charged with protecting suffer from again and again and again.

But they talk tough, and they will show the NFL what's what by a work stoppage -- IN FOUR YEARS!!

By far the most impotent, mismanaged, weakest, castrated union in pro sports.

At least the players have guaranteed contracts. Oh wait, maybe not.
Couldn't agree more. Wrote about his in another post. Before I state my reason WHY they made this deal with the devil, what's your take on that? Hint: it wasn't merely a question of incompetence but it was motivated by another powerful agenda.
 

Stash

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They're going to cut it in half and hope like hell everybody forgets it ever happened.

What'll be interesting is to see if Jerry will eat that turd or fight it. I hope he fights it.

My belief is that they fight it to the end.

Can't be "half woman beater".

And nobody recovers from the domestic violence branding.

Ask all of the other guys banished from the league.
 

dogunwo

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They're going to cut it in half and hope like hell everybody forgets it ever happened.

What'll be interesting is to see if Jerry will eat that turd or fight it. I hope he fights it.
No reason to not fight it. If it gets reduced and he fights it and loses, then he will have to serve the reduction, not go back to the original punishment.
 

Idgit

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My belief is that they fight it to the end.

Can't be "half woman beater".

And nobody recovers from the domestic violence branding.

Ask all of the other guys banished from the league.

I think they'll probably fight it, too.
 

Idgit

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No reason to not fight it. If it gets reduced and he fights it and loses, then he will have to serve the reduction, not go back to the original punishment.

For Zeke, yes.

Jerry, though, is going to be in a position where the best interests of his franchise and the best interests of the league are at odds. With the league having a lot more to potentially lose. The pressure to play nice is going to be there.
 
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