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

[NorthwestDallas40]

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.

Yes, that is the NFLPA's argument. But the NFL counters with "you must wait until the arbitrator decides and labor law prohibits placeholder lawsuits." It is a close call.

 

[diefree666]

Yes, that is the NFLPA's argument. But the NFL counters with "you must wait until the arbitrator decides and labor law prohibits placeholder lawsuits." It is a close call.

Once again you do not get that this goes way beyond labor law. The Judge made that clear and its very doubtful the 5th will go against that.

 

[diefree666]

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

Fundamental Fairness Is the key to Zekes case and everytime I read someone who seems to dismiss that I dismiss them. Now of course it is possible the 5th ignores fundamental fairness BUT if they do then I see this going to the supreme court.

 

[links18]

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.

So is this court confirmation of the arbitrator's decision an adversarial proceeding or is some kind of pro forma registration of the decision with the court? Does it necessarily rule out the affected individual filing a substantive challenge in another jurisdiction?

 

[links18]

Fundamental Fairness Is the key to Zekes case and everytime I read someone who seems to dismiss that I dismiss them. Now of course it is possible the 5th ignores fundamental fairness BUT if they do then I see this going to the supreme court.

Except the NFL's appeal is not about the substance; its about jurisdiction, although it appears that part of the NFLPA's argument is that jurisdiction is a factor in fundamental fairness?

 

[Outlaw Heroes]

So is this court confirmation of the arbitrator's decision an adversarial proceeding or is some kind of pro forma registration of the decision with the court? Does it necessarily rule out the affected individual filing a substantive challenge in another jurisdiction?

First to file sets the forum (provided that the court otherwise has jurisdiction -- the league's head office in NY establishes the second circuit's jurisdiction without question) so no substantive challenge in another jurisdiction. But Zeke can make a substantive challenge to the confirmation and seek to have Henderson's ruling vacated instead in the jurisdiction of filing. If it's New York, he'll face a steeper uphill battle than if it's Texas.

 

[NorthwestDallas40]

Once again you do not get that this goes way beyond labor law. The Judge made that clear and its very doubtful the 5th will go against that.

Fundamental Fairness Is the key to Zekes case and everytime I read someone who seems to dismiss that I dismiss them. Now of course it is possible the 5th ignores fundamental fairness BUT if they do then I see this going to the supreme court.

And where did you go to law school, again?

 

[links18]

First to file sets the forum (provided that the court otherwise has jurisdiction -- the league's head office in NY establishes the second circuit's jurisdiction without question) so no substantive challenge in another jurisdiction. But Zeke can make a substantive challenge to the confirmation and seek to have Henderson's ruling vacated instead in the jurisdiction of filing. If it's New York, he'll face a steeper uphill battle than if it's Texas.

Steeper because of precedent or the ideological leanings of the circuits? Isn't the 5th circuit management friendly?

 

[windjc]

Didn't a majority of the lawyers on here and elsewhere think Zeke would already be serving his suspension? How'd that go?

 

[Outlaw Heroes]

Steeper because of precedent or the ideological leanings of the circuits? Isn't the 5th circuit management friendly?

Yeah, because of the Brady precedent. And yeah, the 5th Circuit is generally thought to be management friendly. I think if the NFL succeeds in getting a stay of the injunction, Zeke will eventually lose. Steeper uphill battle before the 2nd Circuit, but uphill either way.

 

[windjc]

I believe around 7% of cases get overturned in CA-5. I imagine more than 7% think they have a strong case.

 

[Fletch]

And where did you go to law school, again?

And where did you go to law school, again?

Stanford Law

 

[Nightman]

And where did you go to law school, again?

Trump University for me

 

[Fletch]

Trump University for me

You’re straight MAGA CUM LAUDE!

 

[links18]

Trump University for me

Is that like Cooley Law?

Hey, no offense Cooley grads!

 

[drawandstrike]

Mazzant already called out the NFL for this absurd argument that no player can ever be allowed to file & pick the court and venue before the NFL can.

You can keep saying "Well actually you know, the NFL *does* have a strong case, making this argument...." and then go all "Hey back OFF man, I"m a LAWYER!"

And I can keep saying "Yeah bro, go with that."

 

[Plumfool]

http://profootballtalk.nbcsports.co...ekiel-elliott-appeal-decision-coming-tuesday/

Interesting argument raised by Zekes attorney, “if the NFLPA and Elliott were forced to wait for the Award to be rendered before filing the Petition, no court would have the opportunity to stop Elliott’s unlawful suspension in its tracks” and that “injunctions are issued when the bulldozer is on the front lawn—not after it has razed the house.”

You couple that with how much work has already been accomplished in the Texas court I believe the NFL has its worked cut out for them.

 

[links18]

Mazzant already called out the NFL for this absurd argument that no player can ever be allowed to file & pick the court and venue before the NFL can.

You can keep saying "Well actually you know, the NFL *does* have a strong case, making this argument...." and then go all "Hey back OFF man, I"m a LAWYER!"

And I can keep saying "Yeah bro, go with that."

The NFL's argument is not absurd. There are jurisdictional issues here. But it is also the case that those jurisdictional issues may raise substantive issues of fundamental fairness themselves that need to be addressed.

 

[Beast_from_East]

CA5 has a 7% overturn rate..................in other words, 93% of the time they uphold the lower court ruling

Going to be a tough climb for the NFL, they literally have to show that the lower court abused its powers by granting an injunction. Reading back over Mazzot's ruling, I think that will be a very difficult task.

We shall see, oral arguments set for Monday.

 

[FuzzyLumpkins]

And where did you go to law school, again?

Another appeal to authority. How about you post your law license and a link to your resume so we can determine your credibility if you are going to pull that card.