PFT: Judge rejects NFL’s position on “fundamental fairness” in arbitrations

[Thomas82]

True.

It was reported earlier in the offseason that a number of league owners were pressuring Goodell to make sure Elliott was suspended.

I remember hearing that too. Those owners don't realize that it could happen to one of their star players next.

 

[Silver N Blue]

Full season lockout next CBA?

I wonder if Kevin Sweeny can still sling the rock.

 

[Bullet22]

Being quilty of being innocent seems to be the Goodell way..

 

[65fastback2plus2]

The political forum was ended with very good reason. However, as this case goes forward it would lay out intersting examples of the typical differences between each side and it would be an intersting discussion if everyone could act like civil adults. Which is clear can’t happen.

This judge is the first to go outside of party lines with his opinion. This also says a lot about the injustice of this case. Clearly, it’s not like the Brady case.

It should just be a private, requested-access-only sub-forum and if you request access then no crying to admins

 

[DogFace]

It should just be a private, requested-access-only sub-forum and if you request access then no crying to admins

Yep and no crying when facts hurt one’s argument.

 

[CowboyStar88]

Yep and no crying when facts hurt one’s argument.

But we are talking about politics here. It’s enviable that someone’s feelings get hurt, or someone insults someone else. Asking people to be civil in a political discussion is like trying to go to a concert and sleeping. It will never happen

 

[diefree666]

I have said from early on that fundamental fairness should be the whole crux of Zeke's fight. As it is a bedrock of any legal system, it would be hard for any judge to really ignore it.
The NFL pays a lot of money to lawyers and I doubt they are incompetent enough to go down this road unless forced to by the NFL. The NFL thought that the Brady case gave them a blank check to do what they want. Goodell and company are the ones that got this idea that basic rights could be bargained away in a CBA and that has NEVER been the case. IF that was the case then you could have slavery, etc as long as you sign a contract. Some rights are NOT up for negotiation.

 

[cheftjpeck]

But we are talking about politics here. It’s enviable that someone’s feelings get hurt, or someone insults someone else. Asking people to be civil in a political discussion is like trying to go to a concert and sleeping. It will never happen

I don't know .. have you ever been to a KENNY G concert ? Slept right through it

 

[diefree666]

Labeling someone as a woman beater without any real proof has not sit well with me from the get go. That is too much power. What has been even more disturbing is the" just take the suspension" crowd.

I have always believed that if you do not care about the players then you cannot really care about a team. Those selfishly wanting Zeke to just stand there and take it with ALL the ramifications that WILL follow him for the rest of his life frankly are not REAL COWBOY FANS.

 

[Sydla]

So what's the timeline on this?

Elliott has a 2 week window where he can play. Then his PI case is heard by the judge around Oct 30th. It's likely he'll get the PI and then it's up to the NFL to appeal this to the 2nd District Appeals Court, right? That would probably eat up the rest of the season unless the Appeals Court fast tracks it?

 

[ThreeandOut]

So what's the timeline on this?

Elliott has a 2 week window where he can play. Then his PI case is heard by the judge around Oct 30th. It's likely he'll get the PI and then it's up to the NFL to appeal this to the 2nd District Appeals Court, right? That would probably eat up the rest of the season unless the Appeals Court fast tracks it?

Wallach doesn't think they will appeal to the 2nd CA. It wasn't appealed in the Brady case and they only appealed in the 5th CA due to the jurisdiction issue.

 

[Risen Star]

Lawyer mumbo jumbo.

I just don't want this carrying over into next season.

 

[Jarv]

I remember hearing that too. Those owners don't realize that it could happen to one of their star players next.

Obviously not all star players have to worry about charges.

http://www.espn.com/nfl/story/_/id/...new-york-giants-accused-fraud-court-documents


On April 27, 2010, Manning sent an email to Giants head equipment manager Joe Skiba asking for "two helmets that can pass as game used." The email was initiated after Manning was sent a note by Alan Zucker, his marketing agent throughout his career, to come up with some equipment to satisfy his obligation to provide such materials to sports memorabilia company Steiner Sports.

 

[Reverend Conehead]

Goodell thinks that "fundamental fairness" means "caving in the feminazis and running the league subservient to their demands."

 

[diefree666]

Goodell thinks that "fundamental fairness" means "caving in the feminazis and running the league subservient to their demands."

well in this day and age who is NOT caving in?

 

[tyke1doe]

I don't know .. have you ever been to a KENNY G concert ? Slept right through it

Jazz music will do that to you.

 

[DenCWBY]

Labeling someone as a woman beater without any real proof has not sit well with me from the get go. That is too much power. What has been even more disturbing is the" just take the suspension" crowd.

While I think we all agree with this, it gets complicated where as the agreement (or rules) between with the players and NFL is obviously biased towards the NFL. I think all the judges definitely see this and are torn between the agreement and what is actually right and just. The judges are probably scratching their heads as to the players union and who agreed to such crap.
It will be interesting.

 

[links18]

I have said from early on that fundamental fairness should be the whole crux of Zeke's fight. As it is a bedrock of any legal system, it would be hard for any judge to really ignore it.
The NFL pays a lot of money to lawyers and I doubt they are incompetent enough to go down this road unless forced to by the NFL. The NFL thought that the Brady case gave them a blank check to do what they want. Goodell and company are the ones that got this idea that basic rights could be bargained away in a CBA and that has NEVER been the case. IF that was the case then you could have slavery, etc as long as you sign a contract. Some rights are NOT up for negotiation.

What is and what is not permissible in industrial discipline is governed by two things: labor law and the specific contract in question. The procedures in the contract has to meet a basic level of fairness according to the general standards of the overall body of labor law. The Appeals Court found that it did in the Brady case. Zeke has a case if one of two things happened: 1.) the NFL did not follow the same process that the court found permissible in the Brady case or 2.) the NFL acted in such as way as to corrupt the process, by disregarding their own investigator, etc. The NFL's response to the latter will be that the contract gives Goodell the power to use his own judgment over that of his subordinates (investigator's etc.) and that ultimately he is the only judge of the facts. NFLPA will argue that the process was corrupted by considerations other than justice, etc.

 

[Philmonroe]

But we are talking about politics here. It’s enviable that someone’s feelings get hurt, or someone insults someone else. Asking people to be civil in a political discussion is like trying to go to a concert and sleeping. It will never happen

I agree with this but it doesn't even have to be politics. Heck people at times do the same things regarding regular Cowboys talk on here. You have people remembering differences from eons ago labeling you a bad person and the like because you disagree and or had a few "words" with them in the past. Too many people are too sensitive IMO

 

[Bullflop]

Most reasonable people would agree that it's wrong for any faction to rule favoring anyone's guilt based upon an agenda.

It's downright evil that Commissioner Goodell and so many NFL owners have been willing to undermine that principle.