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

[Melonfeud]

honey @Melonfeud

My goodness!
Yer' certainly flying yer' fan of feud flag TODAY!

 

[Melonfeud]

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.

That's a fair deduction counselor,,, yet , I recall reading where your better/ Superior sparring partner Fuzzy Lumpkin's
Clearly illustrating pretty much along those same lines of which you espouse

 

[beacamdim]

That's a fair deduction counselor,,, yet , I recall reading where your better/ Superior sparring partner Fuzzy Lumpkin's
Clearly illustrating pretty much along those same lines of which you espouse

Actually, here I'm talking about an application for an injunction, not the ultimate decision by the court.

Bottom line is EE MIGHT - but then again might not - get a court to allow him to play while a court case is pending. That remains uncertain.

What is NOT uncertain at all is that with or without an injunction Zeke is going to get his *** handed to him by a court (likely a trial court but definitely by an appellate court if it gets that far) when all is said and done.

This reality is NOT because Zeke is or isn't an abuser, but rather because if the league appeal goes against him by leaving some kind of suspension in place (which most expect), the rules the NFLPA agreed to are so stacked against him he doesn't stand a chance.

Fuzzy and I disagree on that. And, just wait, when this is all over you will soon see that he is just plain wrong.

 

[Irvin88_4life]

Is that your final answer?

hehe

Oh I'm so nervous right now......can i use a lifeline haha

 

[Cowboys22]

Actually, here I'm talking about an application for an injunction, not the ultimate decision by the court.

Bottom line is EE MIGHT - but then again might not - get a court to allow him to play while a court case is pending. That remains uncertain.

What is NOT uncertain at all is that with or without an injunction Zeke is going to get his *** handed to him by a court (likely a trial court but definitely by an appellate court if it gets that far).

This reality is NOT because Zeke is or isn't an abuser, but rather because if the league appeal goes against him by leaving some kind of suspension in place (which most expect), the rules the NFLPA agreed to are so stacked against him he doesn't stand a chance.

Fuzzy and I disagree on that. And, just wait, when this is all over you will soon see that he is just plain wrong.

You think the deck is stacked against him because you are still thinking in terms of the CBA. If his lawyers stay within the CBA, then you are right and they are stupid. They must go outside the CBA and argue something such as discrimination, civil rights violation, bias, collusion, disparate treatment, etc. The CBA doesn't trump things like those. Comparing his treatment to that of Josh Brown may be all you need to argue every thing I mentioned above. It is not a stretch to think a judge would put it all on hold and make the league explain its actions regarding those two cases.

 

[beacamdim]

You think the deck is stacked against him because you are still thinking in terms of the CBA. If his lawyers stay within the CBA, then you are right and they are stupid. They must go outside the CBA and argue something such as discrimination, civil rights violation, bias, collusion, disparate treatment, etc. The CBA doesn't trump things like those. Comparing his treatment to that of Josh Brown may be all you need to argue every thing I mentioned above. It is not a stretch to think a judge would put it all on hold and make the league explain its actions regarding those two cases.

What you need to understand is that because it was a negotiated agreement that the PA agreed to, a court's "getting outside of the CBA" is going be damn near impossible under the applicable law.

Henderson can do so by ignoring that law if he feels like it, because under the Federal Arbitration Act an arbitrator can basically do whatever he wants. (That's why companies try to slip arbitration clauses into their terms and conditions, btw.). But a court can't on its own.

The court will end up enforcing whatever Henderson decides - whether that is good for Zeke, bad for him, or somewhere in between.

 

[Plumfool]

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

I do. And I agree with the poster.

 

[Cowboys22]

What you need to understand is thst because it was a negotiated agreement that the PA agreed to, a court's "getting outside of the CBA" is going be damn near impossible under the applicable law.

Henderson can do so by ignoring thst law if he feels like it, because under the Federal Arbitration Act an arbitrator can basically do whatever he wants. But a court can't on its own.

The court will end up enforcing whatever Henderson decides - whether that is good for Zeke, bad for him, or somewhere in between.

Henderson will not go outside the CBA. I'm talking about the court case. If they try and stay within the CBA, they have no shot as the Brady case showed. The CBA does not allow them to discriminate or violate civil rights. I'm not saying I think they did. I'm simply saying that Zeke's lawyers have to find something outside the CBA to get an injunction. They can't just go to court, say Zeke didn't do it, and except to win anything.

 

[Melonfeud]

Actually, here I'm talking about an application for an injunction, not the ultimate decision by the court.

Bottom line is EE MIGHT - but then again might not - get a court to allow him to play while a court case is pending. That remains uncertain.

What is NOT uncertain at all is that with or without an injunction Zeke is going to get his *** handed to him by a court (likely a trial court but definitely by an appellate court if it gets that far) when all is said and done.

This reality is NOT because Zeke is or isn't an abuser, but rather because if the league appeal goes against him by leaving some kind of suspension in place (which most expect), the rules the NFLPA agreed to are so stacked against him he doesn't stand a chance.

Fuzzy and I disagree on that. And, just wait, when this is all over you will soon see that he is just plain wrong.

Copy! I'll hold this under advisement, until such time that the 'oven baked CROW' of which you shall consume (BTW) is placed before thee,,,I'm starting to think yer' not all that intolerable sort of a guy to tolerate,,, after all, you know where the most happening n.f.l. forum is to hang out in.

 

[beacamdim]

Henderson will not go outside the CBA. I'm talking about the court case. If they try and stay within the CBA, they have no shot as the Brady case showed. The CBA does not allow them to discriminate or violate civil rights. I'm not saying I think they did. I'm simply saying that Zeke's lawyers have to find something outside the CBA to get an injunction. They can't just go to court, say Zeke didn't do it, and except to win anything.

I agree with you that that is their only hypothetical hope in court.

However, given the law on the books, I think most knowledgeable legal observers would agree that under existing law there is just no way to do so.

At best, he gets a Berman or a Doty at the trial court level who says the hell with that law I'm doing what I feel like.

But that would be a temporary win only, because the appellate court would crush that opinion just like they did Berman's and Doty's.

It's Henderson or bust for Zeke.

 

[beacamdim]

Copy! I'll hold this under advisement, until such time that the 'oven baked CROW' of which you shall consume (BTW) is placed before thee,,,I'm starting to think yer' not all that intolerable sort of a guy to tolerate,,, after all, you know where the most happening n.f.l. forum is to hang out in.

Fair enough. I promise that if that post turns out to be wrong, I will be the first person to come back here and acknowledge it (I'm not worried).

I expect that you will do the same.

 

[Melonfeud]

Fair enough. I promise that if that post turns out to be wrong, I will be the first person to come back here and acknowledge it (I'm not worried).

I expect that you will do the same.

It's a $50 mandated MELONFEUDIAN fee you'll have to cover ( proceeds directly deposited into the Zones casing-liner coffers)
If you're implying I travel into the hated enemy territory of a GIANTS forum board to ' eat crow' and tell everybody and their little dog too,that they suck.

 

[beacamdim]

It's a $50 mandated MELONFEUDIAN fee you'll have to cover ( proceeds directly deposited into the Zones casing-liner coffers)
If you're implying I travel into the hated enemy territory of a GIANTS forum board to ' eat crow' and tell everybody and their little dog too,that they suck.

No, I meant here only.

It's been a road game for me all along.

No reason that should have to change.

 

[Melonfeud]

No, I meant here only.

It's been a road game for me all along.

No reason that should have to change.

Copy!

 

[Nightman]

I'm worried about the suspension being delayed and him missing the key weeks and playoffs.

He could always drop the appeal at any time for a stretch that was more convenient or if he got injured and was going to miss games anyways

I'm not sure if playoff games count for suspensions

 

[beacamdim]

He could always drop the appeal at any time for a stretch that was more convenient or if he got injured and was going to miss games anyways

I'm not sure if playoff games count for suspensions

Playoff games do not -- only regular season.

So theoretically he could sit out the last four weeks of the season, play from wild card through the SB, and then miss the first two games the following year.

 

[FuzzyLumpkins]

I will bet a dollar to a donut that Kessler and crew will argue for protection from unequal punishment under federal labor law. The CBA in no way circumvents that.

There are two tests that the court will look at in granting an injunction. The first is that irrevocable harm will occur absent one. The case law is very clear here. NFL players careers are very short and any interruption has severe consequences on their development. The goes back to Brown vs NFL and is very compelling.

The second is that the NFLPA has to present a case that has a reasonable chance of winning.

Of course Crayola the Giants fan is going to say we don't have one. HE is pretending like Kessler is going to come back with the exact same arguments he made in the Brady case. It's wishcasting.

As I stated before unequal punishment is illegal under federal law. The NFL made its bed when they gave Gillette, Brown and others shorter sentences. And of course the NFLPA will have more arguments to make we have not considered.

 

[rpntex]

He doesn't want to be the fall guy if this blows up on him. lol

Actually, the commissioner is not the arbiter on any appeal filed by an NFL player. The CBA stipulates that. Henderson hears about 75% of all appeals from the NFLPA.

 

[Cmac]

The NFLPA should be ashamed that one man (Roger) has that much power.

 

[StylisticS]

The NFLPA should be ashamed that one man (Roger) has that much power.

Why they even agreed to that is beyond me.