News: PFT: NFL announces Harold Henderson will handle Ezekiel Elliott appeal

beacamdim

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Trying to read tea leaves (always dangerous) and trying to assess this pragmatically, Henderson's ruling in the Greg Hardy case seems worth looking at.

Some notable excerpts:

“After consideration of all the record evidence and arguments, I conclude that the Commissioner acted within his authority and properly exercised his discretion in finding that Hardy violated the NFL Personal Conduct Policy, I find that the conduct of Hardy clearly violates the letter and spirit of any version of the PCP since its inception, and of the NFL Constitution and Bylaws long before then. The egregious conduct exhibited here is indefensible in the NFL. However, 10 games is simply too much, in my view, of an increase over prior cases without notice such as was done last year, when the ‘baseline’ for discipline in domestic violence or sexual assault cases was announced as a six-game suspension. Therefore, the discipline of Mr. Hardy hereby is modified to a suspension of four games; all other terms of the discipline letter remain in place.”

To me the sections I have bolded are quite telling.

First, Henderson indicates that he considers a violation of even the "spirit" of the Personal Conduct Policy to be enough to support league discipline. I think this raises a legitimate question as to whether all of the evidence that Zeke is pointing to will be enough to change things, since Henderson's statement could be read to mean that even being kind of bad will suffice. Not saying that that is certain, or that I agree, just that I see it as an open question.

Second, Henderson emphasized that Hardy's suspension was imposed before the league had formally adopted the current blanket policy of a minimum six-game suspension for first time DV offenders, and that therefore Hardy had no prior notice that acting as he did would or could result in that long of a ban. Henderson thought this was unfair. However, Henderson will likely have no such concerns about notice in Zeke's case, since the NFL now has a stated policy that has been in effect since before EE joined the league, and they followed it automatically in determining the sentence here.

I am not making predictions, or stating opinions, about what will or should happen on appeal.

But I think there are some possible clues here as to how Henderson thinks about and approaches these cases.
 
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Nirvana

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Probably already well-covered ground, but it just occurred to me how this girl probably WANTED to get abused, so she could then document it and extort Zeke or ultimately "ruin his career."

e721ecea208b384f92e2c422ac06ea5d--its-a-trap-meme-meme-center.jpg
 

beacamdim

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This is a tweet about it - how this plays out I don't know.



See below, which I posted in another thread yesterday.

****************

That is definitely the course that EE's attorneys will follow.

It will be very interesting to see what a court decides on his initial request for an injunction.

The court when considering such an application is required to consider both the alleged "irreparable harm" to the party seeking the injunction, as well as the applicant's "likelihood of success on the merits."

In plain English, that means that Zeke is going to argue that in the absence of an injunction he will suffer certain harm that cannot be corrected by paying him money later if he ultimately ended up winning the lawsuit, because even though he could get his guaranteed contract and lost game checks back, he could never get back the opportunity to play in the six games he would otherwise miss (which constitute a large chunk of one of the seasons making up his professional career).

On the other hand, after the Brady and AP appellate court rulings confirming RG's immense discretion and power granted him under the CBA, the NFL will argue that EE cannot pass the test for an injunction, since he is not likely to win in the long run anyway -- and that would be a basis for the court to deny the injunction, and allow the suspension to be enforced even while the court case proceeds.

My personal hunch is that notwithstanding the long, uphill battle EE faces on the legal questions, a court would be swayed that it is better to be safe than sorry, and will likely grant the injunction.

However, even though it seems unavoidable (since the NFL alone will have advance notice as to when the appeal decision will be issued, and therefore will be able to run to court first), I think Zeke would be safer if he could somehow be somewhere other than the Manhattan or the Minneapolis federal courts, which are expressly bound by the Brady and AP rulings, and might weigh them more heavily when analyzing the "likelihood of success" factor.
 

Nightman

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I guess technically but it won't be. Henderson will rule on it before Sept 10th
It took 10 weeks from when Brady filed his appeal to when he got the decision from the NFL

They seem to be pushing Zeke's if his hearing is Aug 29th ....... I would push for a delay..... they had a year to investigate
 

Zekeats

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He is the one that knocked greg hardy down from 10 games to 4 games but he is still a company man.
Hardy missed a whole year already prior to that BS suspension. And by BS I mean only due to factor in the year he already missed.
 

superonyx

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It took 10 weeks from when Brady filed his appeal to when he got the decision from the NFL

They seem to be pushing Zeke's if his hearing is Aug 29th ....... I would push for a delay..... they had a year to investigate
I'm worried about the suspension being delayed and him missing the key weeks and playoffs.
 

waldoputty

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Zeke: Baby, slam bang, thank you ma'am, baby!
Skank: Oh, you hurt me and look at these bruises
Zeke: But you had those
Skank: Be smart, you break it you bought it
 

Tass

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Probably already well-covered ground, but it just occurred to me how this girl probably WANTED to get abused, so she could then document it and extort Zeke or ultimately "ruin his career."

I have to say after looking at the pictures of the bruises on her that they absolutely do NOT look like a strong, pissed off man put them there. I mean, the one bruise on the side/heel of her hand looks like she smashed her hand against a wall or something. I saw no finger marks or anything that looked like a handprint from a violent blow that a grown man would inflict on a 120 pound female. It looks like bruises a chick would get in a catfight.

That all said, it’s not a real appeal if he is handpicking a company guy to rubber stamp it.
 

Corso

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I have to say after looking at the pictures of the bruises on her that they absolutely do NOT look like a strong, pissed off man put them there. I mean, the one bruise on the side/heel of her hand looks like she smashed her hand against a wall or something. I saw no finger marks or anything that looked like a handprint from a violent blow that a grown man would inflict on a 120 pound female. It looks like bruises a chick would get in a catfight.

That all said, it’s not a real appeal if he is handpicking a company guy to rubber stamp it.

You speak from innocent experience... unless you have more official expertise to add...
 

mcmvp

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I disagree.

He has zero chance of winning outright, regardless of what he presents. If the idea is to fight the commissioner's authority to suspend him, it is irrelevant. The CBA gives him all the authority he needs to suspend, even on just suspicion.

If it gets drastically reduced, he should take it and move on.

I get the idea is to fight, but the NFL has far more leverage on this in terms of legality. It is a rigged table and expecting to hit on one is next to impossible.

Brady strung it out and eventually had to cave in. I don't think dragging this out is in Elliott's or our best interest.

Agree...there is no chance at all that Zeke gets the full suspension waved. None. All the sideshow stuff is entertaining to discuss, but the fact is he is fighting a losing battle. Despite what has come out about his ex-girlfriend, I think he will end up getting the full 6 games. If people believe there is not more info out there that is damaging to Zeke, just as of yet unknown, they are being naive.
 

DenCWBY

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I know it won't happen of course, but it would be really funny if Goodell was put on the stand under oath in court and he said, "Mara made me do it!" :D
Is Henderson a direct report to Goodell?
 

Alexander

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Agree...there is no chance at all that Zeke gets the full suspension waved. None. All the sideshow stuff is entertaining to discuss, but the fact is he is fighting a losing battle. Despite what has come out about his ex-girlfriend, I think he will end up getting the full 6 games. If people believe there is not more info out there that is damaging to Zeke, just as of yet unknown, they are being naive.

I will be happy if it gets chopped down to four games, ecstatic if just two.

The CBA makes so much of what we think is fair and just completely irrelevant.

This is the world created. Live in it and if it gives you a favor, you take it.

Just work at making sure that in the next CBA, you don't get completely duped.
 
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