News: PFT: NFL reiterates request to dismiss Ezekiel Elliott’s Texas lawsuit

[links18]

They are suing to enforce their ruling, knowing that NFLPA would challenge it.

I get what they are doing tactically, but I have a hard time seeing the legal standing to preemptively bring a suit against a hypothetical challenge. Isn't that the exact thing they are contesting right now in Zeke's case?

 

[tyke1doe]

Just a formality.

 

[FuzzyLumpkins]

Lawyer here. The lack of jurisdiction argument by the NFL is not desperate and has a decent chance of success, as the 5th Circuit asked the NFL to submit additional briefing on that point. There is a decent chance that the NFLPA's case in Texas gets dismissed, leaving the NFLs case in New York - its home court where they have good 2nd Circuit precedent from the Brady case - as the only case.

Have any basis for this other than an appeal to authority? Do you have any experience in federal court? Can you elucidate why the NFL has a strong position?

 

[ThreeandOut]

It has 0 shot of success........ all the work has been done in Texas where Zeke works and is getting harmed...... they would have to start all over in NY for why???? ....... no good reason

The NFL had no problem judge shopping last time with Brady and the NFLPA knew they were going to do the same thing again ....... and Mazzant even exposed their ruse when the NFL was forced to say EE could play Week One because it was after 4pm Tues....... then Henderson all of a sudden gave his verdict ...... they were planning on screwing EE at the last minute, still suspending him Week One and getting HIS case heard in NY

Henderson's ruling probably would have come 10 minutes before the first game if the NFLPA hadn't taken it to court.

 

[diefree666]

Just because someone claims they are a lawyer...

A) if so - what kind? What experience? and frankly are you any good?
B) Internet Lawyer

This idea that the NY court has to be the one to decide is highly questionable at best; so any so called lawyer arguing that probably needs to chase some ambulances


I notice so many that think the NFL will win have this idea that basic rights like fundamental fairness can be bargained away; if that was the case then indentured servitude would still be legal.

 

[NorthwestDallas40]

Have any basis for this other than an appeal to authority? Do you have any experience in federal court? Can you elucidate why the NFL has a strong position?

Yes, Im a federal prosecutor. But caveat that I do mostly criminal work. My basis is the fact that the court of appeal asked for additional briefing on the jurisdiction issue + the tried-and-true principle of law that you must exhaust the administrative process (i.e., wait until the arbitrator rules) before you file a lawsuit challenging the decision + CA5 is pro-management/anti-union. But the CA5 could be offended by how the NFL always gets its choice of forum (NY) because it controls when the arbitrator announces his decision, it may find jurisdiction despite the legal principle.

 

[Outlaw Heroes]

Just because someone claims they are a lawyer...

A) if so - what kind? What experience? and frankly are you any good?
B) Internet Lawyer

This idea that the NY court has to be the one to decide is highly questionable at best; so any so called lawyer arguing that probably needs to chase some ambulances


I notice so many that think the NFL will win have this idea that basic rights like fundamental fairness can be bargained away; if that was the case then indentured servitude would still be legal.

NorthwestDallas40 hasn't stated anything controversial in my view. The NFL is standing on reasonably solid ground. There is well-settled law indicating that the 5th Circuit will take the gun-jumping argument seriously. I happen to think the NFLPA has a reasonably strong response, which Mazzant helped develop. But I could see the 5th Circuit siding with the NFL in light of the case law.

The argument isn't that the 2nd circuit has exclusive jurisdiction. It's that the courts generally had no jurisdiction until the arbitration process had played out. It just so happens that if the 5th Circuit agrees with that argument the NFL will quickly turn to the 2nd Circuit in order to seek confirmation of Henderson's arbitration ruling.

 

[NorthwestDallas40]

But if Zeke or any future player waits till the ruling is out, the NFL will file first since they would know when the ruling would come out.

So again, the NFL is arguing that every case that comes up, they have first dibs on venue selection. How is that fair?

It is most definitely unfair. But the "first filed" law is what it is. And the exhaustion of administrative remedies/final judgment principle is what it is. Just generally cannot file a "preemptive" lawsuit.

 

[links18]

But the CA5 could be offended by how the NFL always gets its choice of forum (NY) because it controls when the arbitrator announces his decision, it may find jurisdiction despite the legal principle.

Well, that's reassuring to know our federal court system is motivated by something other than the law.

 

[FuzzyLumpkins]

Yes, Im a federal prosecutor. But caveat that I do mostly criminal work. My basis is the fact that the court of appeal asked for additional briefing on the jurisdiction issue + the tried-and-true principle of law that you must exhaust the administrative process (i.e., wait until the arbitrator rules) before you file a lawsuit challenging the decision + CA5 is pro-management/anti-union. But the CA5 could be offended by how the NFL always gets its choice of forum (NY) because it controls when the arbitrator announces his decision, it may find jurisdiction despite the legal principle.

So the NFLPA has a good case then.

 

[links18]

. It just so happens that if the 5th Circuit agrees with that argument the NFL will quickly turn to the 2nd Circuit in order to seek confirmation of Henderson's arbitration ruling.

Why do they need court confirmation of their own internal disciplinary process? It seems to me it would only become a matter for the courts if it is challenged. Someone enlighten me please on why the NFL would have any standing at all to file anything anywhere, without Zeke making the first move?

 

[HanD]

Why do they need court confirmation of their own internal disciplinary process? It seems to me it would only become a matter for the courts if it is challenged. Someone enlighten me please on why the NFL would have any standing at all to file anything anywhere, without Zeke making the first move?

Because they are hypocrites.

 

[Nightman]

Why do they need court confirmation of their own internal disciplinary process? It seems to me it would only become a matter for the courts if it is challenged. Someone enlighten me please on why the NFL would have any standing at all to file anything anywhere, without Zeke making the first move?

I know ..... they are filing a suit to prevent EE from filing a suit ...... and they are also trying to control the venue by not telling EE the verdict of appeal with Henderson until he can't play or beat them to court

Either way they aren't being harmed in any manner

 

[drawandstrike]

But if Zeke or any future player waits till the ruling is out, the NFL will file first since they would know when the ruling would come out.

So again, the NFL is arguing that every case that comes up, they have first dibs on venue selection. How is that fair?

The NFL is literally hoping the 5th Circuit panel goes "Hey makes sense to me!" after hearing this argument.

 

[drawandstrike]

I get what they are doing tactically, but I have a hard time seeing the legal standing to preemptively bring a suit against a hypothetical challenge. Isn't that the exact thing they are contesting right now in Zeke's case?

Mazzant already skewered them on exactly this point in his last ruling.

 

[NorthwestDallas40]

So the NFLPA has a good case then.

Seriously can go either way. But some posters saying NFL's appeal "desperate" are missing the point.

 

[ghst187]

The crime here is that the truth is no where to be found in the NFLs case and they don't even care about that anymore. They want the suspension regardless of truth and will do anything under the sun to get what they want. No concern whatsoever if they punished an innocent man.
Players should be protesting this.

 

[Outlaw Heroes]

Why do they need court confirmation of their own internal disciplinary process? It seems to me it would only become a matter for the courts if it is challenged. Someone enlighten me please on why the NFL would have any standing at all to file anything anywhere, without Zeke making the first move?

Arbitration is a private dispute resolution mechanism. As such, an arbitration decision doesn't have the force of law until confirmed by a court. All 50 states and the Federal Arbitration Act provide mechanisms for seeking court confirmation and enforcement of arbitration rulings. The Labor Management Relations Act, which is directly applicable to this arbitration, also provides for court confirmation and enforcement of an arbitration decision.

So that's what gives the NFL standing. But you're right that enforcement of Henderson's arbitration decision would only become an issue if challenged. The NFL's pre-emptive move for confirmation would simply be intended to ensure that proceedings to confirm (or vacate) the arbitration take place in a more friendly jurisdiction. As you know, the NFL prefers New York to Texas, largely because the Brady case set a strong precedent in New York.

It's a tactical move that the law permits.

 

[Cowboys22]

Yes, Im a federal prosecutor. But caveat that I do mostly criminal work. My basis is the fact that the court of appeal asked for additional briefing on the jurisdiction issue + the tried-and-true principle of law that you must exhaust the administrative process (i.e., wait until the arbitrator rules) before you file a lawsuit challenging the decision + CA5 is pro-management/anti-union. But the CA5 could be offended by how the NFL always gets its choice of forum (NY) because it controls when the arbitrator announces his decision, it may find jurisdiction despite the legal principle.

But they aren't challenging the decision. They are challenging the unfair process and denial of evidence. That process had fully played itself out when they filed and they presented cases where it was ruled a court challenge could indeed be made before an arbiter ruled if the process was unfair.

 

[NorthwestDallas40]

NorthwestDallas40 hasn't stated anything controversial in my view. The NFL is standing on reasonably solid ground. There is well-settled law indicating that the 5th Circuit will take the gun-jumping argument seriously. I happen to think the NFLPA has a reasonably strong response, which Mazzant helped develop. But I could see the 5th Circuit siding with the NFL in light of the case law.

The argument isn't that the 2nd circuit has exclusive jurisdiction. It's that the courts generally had no jurisdiction until the arbitration process had played out. It just so happens that if the 5th Circuit agrees with that argument the NFL will quickly turn to the 2nd Circuit in order to seek confirmation of Henderson's arbitration ruling.

Just because someone claims they are a lawyer...

A) if so - what kind? What experience? and frankly are you any good?
B) Internet Lawyer

This idea that the NY court has to be the one to decide is highly questionable at best; so any so called lawyer arguing that probably needs to chase some ambulances


I notice so many that think the NFL will win have this idea that basic rights like fundamental fairness can be bargained away; if that was the case then indentured servitude would still be legal.

Here is the best summary I've read, quoting other lawyers, that supports that this is a close call. You'll need to go directly to dallasnews to read.

https://sportsday.**************/da...uge-role-continues-play-must-serve-suspension