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

[NorthwestDallas40]

Dont usually like Florio, but he is a lawyer, and reads the tea leaves the same way I have...

http://profootballtalk.nbcsports.co...it-ruling-possible-in-elliott-case-on-monday/

 

[windjc]

Dont usually like Florio, but he is a lawyer, and reads the tea leaves the same way I have...

http://profootballtalk.nbcsports.co...it-ruling-possible-in-elliott-case-on-monday/

Would you put money on it?

 

[diefree666]

Dont usually like Florio, but he is a lawyer, and reads the tea leaves the same way I have...

http://profootballtalk.nbcsports.co...it-ruling-possible-in-elliott-case-on-monday/

Florio has gone back and forth on this. You WANT to read it the way you describe it. In the REAL world want to means nothing.

If the 5th rules quickly its MUCH more likely to just send it back down.

If you are as much an expert as you claim to be, that is USUAL result of a quick ruling.

 

[CCBoy]

The premise of American life is based upon personal freedoms and choices...and then the legal side hinges upon proof before an unbiased review group.

The NFL simply relies upon privilege and purse springs for justification. That is very close to purely un-American. They wonder why there are disgruntled players throughout the league?

 

[Hoofbite]

The politics mentioned could produce one hell of a game of mental gymnastics.

 

[ThreeandOut]

Dont usually like Florio, but he is a lawyer, and reads the tea leaves the same way I have...

http://profootballtalk.nbcsports.co...it-ruling-possible-in-elliott-case-on-monday/

Shocking, the NFL's lawyers telling the press they think they can win their case.

 

[diefree666]

The politics mentioned could produce one hell of a game of mental gymnastics.

already has. But its going to get a lot worse. Though way too many people think politics have a large impact on judicial courts which is frankly not true. With the mixture of liberal and conservative judges you usually get a mostly mixed political result. And one thing ALL judges have in common is the fervent wish to NOT to be reversed or look bad. So one judge will try and avoid making another judge look bad if he can help it since some day the shoe could be on the other foot.

Now its not to say a hard left or hard right judge cannot overstep= we saw that with the Immigration Executive Order where several judges for ideological reasons really went nuts. And how the Supreme Court has been rather quietly slapping them down bit by bit. Even there the justices are trying to do it as quietly and as unobtrusively as they can.

The Texas Judge went right to the heart and soul of the US Legal system when he said the NFL was fundamentally unfair in its process.

It is going to be very difficult to get a number of judges to sign off on that and find for the NFL whenever THAT part gets to court. And it almost certainly will.

 

[Hoofbite]

already has. But its going to get a lot worse. Though way too many people think politics have a large impact on judicial courts which is frankly not true. With the mixture of liberal and conservative judges you usually get a mostly mixed political result. And one thing ALL judges have in common is the fervent wish to NOT to be reversed or look bad. So one judge will try and avoid making another judge look bad if he can help it since some day the shoe could be on the other foot.

Now its not to say a hard left or hard right judge cannot overstep= we saw that with the Immigration Executive Order where several judges for ideological reasons really went nuts. And how the Supreme Court has been rather quietly slapping them down bit by bit. Even there the justices are trying to do it as quietly and as unobtrusively as they can.

The Texas Judge went right to the heart and soul of the US Legal system when he said the NFL was fundamentally unfair in its process.

It is going to be very difficult to get a number of judges to sign off on that and find for the NFL whenever THAT part gets to court. And it almost certainly will.

The NFL isn't attacking the the claim that the NFL was unfair, at least based on my understanding. They're simply going after the fact that Zeke filed before arbitration had concluded. Should that be enough to have Zeke's case dismissed? I don't think so but then again I'm not a legal expert. I don't see why it would change anything because Zeke could seemingly just refile and we'd be back where we are right now. Maybe not, like I said I dunno. That said, if the ruling is going to be based on whether or not Zeke followed the outlined process, the current case could be dismissed because he did not. The legal system is a tangled web and my 30,000 foot view lacks a lot of understanding. I will say this, legality and rationality are not always aligned with one another.

 

[NorthwestDallas40]

Florio has gone back and forth on this. You WANT to read it the way you describe it. In the REAL world want to means nothing.

If the 5th rules quickly its MUCH more likely to just send it back down.

If you are as much an expert as you claim to be, that is USUAL result of a quick ruling.

I don't claim to be an expert. But I am a lawyer, which gives me some insight. And I don't want to read it in any way. I just know when a court asks for additional briefing on jurisdiction, they are seriously considering whether they have it or not. Usually jurisdiction is a foregone conclusion. Here, it is not. So there is a decent chance that they dismiss the suit, regardless of how meritorious it is, on jurisdictional grounds. Sorry if this is an unpopular opinion, but it's an informed opinion.

 

[NorthwestDallas40]

Would you put money on it?

I think it's 50-50, but I really don't like the composition of the panel (2 Republicans, arguably pro business) and in particular the request for additional briefing on jurisdiction. I slightly lean towards them dismissing the suit. I just don't think that appellate courts, at the end of the day, want to encourage "placeholder" lawsuits.

 

[NorthwestDallas40]

The NFL isn't attacking the the claim that the NFL was unfair, at least based on my understanding. They're simply going after the fact that Zeke filed before arbitration had concluded. Should that be enough to have Zeke's case dismissed? I don't think so but then again I'm not a legal expert. I don't see why it would change anything because Zeke could seemingly just refile and we'd be back where we are right now. Maybe not, like I said I dunno. That said, if the ruling is going to be based on whether or not Zeke followed the outlined process, the current case could be dismissed because he did not. The legal system is a tangled web and my 30,000 foot view lacks a lot of understanding. I will say this, legality and rationality are not always aligned with one another.

The problem is that Zeke cannot just "refile" because the NFLs suit in NY would be "first filed" and trump Zeke's subsequent filing. That's what's on the line here. If the CA5 dismisses, this case is litigated in NY only IMO.

 

[Hoofbite]

The problem is that Zeke cannot just "refile" because the NFLs suit in NY would be "first filed" and trump Zeke's subsequent filing. That's what's on the line here. If the CA5 dismisses, this case is litigated in NY only IMO.

Like I said, I have no idea how it works. One thing that Zeke has going for him is the fact that NFLPA looks to be squarely behind him. Not like other players for whom they may have been reluctant to their the entirety of their weight behind.

 

[NorthwestDallas40]

Like I said, I have no idea how it works. One thing that Zeke has going for him is the fact that NFLPA looks to be squarely behind him. Not like other players for whom they may have been reluctant to their the entirety of their weight behind.

Agreed. I think the NFLPA will do whatever they can in both CA5 and NY courts to push this. I still think he likely plays the rest of the year, but that that case is in NY. Hope I'm wrong about NY.

 

[windjc]

I think it's 50-50, but I really don't like the composition of the panel (2 Republicans, arguably pro business) and in particular the request for additional briefing on jurisdiction. I slightly lean towards them dismissing the suit. I just don't think that appellate courts, at the end of the day, want to encourage "placeholder" lawsuits.

So you would lean towards the 7% of the time winning. Hmmm.

 

[drawandstrike]

The problem is that Zeke cannot just "refile" because the NFLs suit in NY would be "first filed" and trump Zeke's subsequent filing. That's what's on the line here. If the CA5 dismisses, this case is litigated in NY only IMO.

Well of course. The entire, practical outworking of this - as far as the NFL sees it - is to enshrine in law the precedent they thought they already established for all time in the Brady case:

They file first ever and always. They pick the venue and the judge. Ever and always.

Not until the NFL gets that all important heads up from their own arbiter that the ruling is about to come down so they can be waiting at the courthouse to file can anything be filed. Players simply CANNOT be allowed to file first. Ever.

The NFL arrogantly pulled this 'trick' in the Brady case, this time Kessler & Co. with the NFLPA has made that an issue. If the court finds for the NFL, how could ANYBODY reasonably argue "Players can still file first, you know." Of course they couldn't. It wouldn't be allowed. The NFL will have rigged the system in it's favor in perpetuity.

 

[Bleedblue1111]

Salem witch trials 2.0

 

[Nightman]

The NFL isn't attacking the the claim that the NFL was unfair, at least based on my understanding. They're simply going after the fact that Zeke filed before arbitration had concluded. Should that be enough to have Zeke's case dismissed? I don't think so but then again I'm not a legal expert. I don't see why it would change anything because Zeke could seemingly just refile and we'd be back where we are right now. Maybe not, like I said I dunno. That said, if the ruling is going to be based on whether or not Zeke followed the outlined process, the current case could be dismissed because he did not. The legal system is a tangled web and my 30,000 foot view lacks a lot of understanding. I will say this, legality and rationality are not always aligned with one another.

I have seen judges that ordered a whole house to be torn down because they didn't get the right permits months earlier and I have seen judges that said if everything passes code on inspection the structure could stay with a fine

Overruling Mazzant on jurisdiction, which was already argued and sending the whole thing to NY to be re-litigated seems extreme....... Zeke will still file and get an injunction until his trial is heard and if he doesn't then he will file an emergency appeal like the NFL did and argue venue and the irreparable harm angle......... seems like for that to happen a couple CA5 judges would really have to favor the NFL and their tactics....... that is why it is 7% overturned

 

[Redball Express]

I don't see how they would toss the case before the hearing on Monday.

Seems like a desperate move on NFL's part

Just a proceedure.

If they fail to make the request..

they could prejudice the case in Elliott's favor.

If they would appeal without asking to dismiss..

they could lose on a technocallity.

We are at the very first part of all this.

We could easily see this drag out for years.

It could eventually become a joke on the NFL continuing on and on.

Then they settle out of court after the attorneyes exhaust their retainers.

Relax.

We got this.

 

[diefree666]

Just a proceedure.

If they fail to make the request..

they could prejudice the case in Elliott's favor.

If they would appeal without asking to dismiss..

they could lose on a technocallity.

We are at the very first part of all this.

We could easily see this drag out for years.

It could eventually become a joke on the NFL continuing on and on.

Then they settle out of court after the attorneyes exhaust their retainers.

Relax.

We got this.

Wouldn't it be hilarious if Zeke retired before serving the suspension?. Federal court cases can last as long as 15 years.

 

[diefree666]

I have seen judges that ordered a whole house to be torn down because they didn't get the right permits months earlier and I have seen judges that said if everything passes code on inspection the structure could stay with a fine

Overruling Mazzant on jurisdiction, which was already argued and sending the whole thing to NY to be re-litigated seems extreme....... Zeke will still file and get an injunction until his trial is heard and if he doesn't then he will file an emergency appeal like the NFL did and argue venue and the irreparable harm angle......... seems like for that to happen a couple CA5 judges would really have to favor the NFL and their tactics....... that is why it is 7% overturned

Judges do not tend to want to make other judges look bad if they can help it. Good ol boy network in this case. And most judges are competent and able to control themselves as regards personal feelings about cases (which is why so many are surprised at rulings after someone counts heads and finds that there are more appointees of one party then the other and figure that is the way the ruling will go- and then are shocked)

Judge Mazzant did a very interesting and I think continually over looked ruling in that he very specifically said the NFL violated the concept of Fundamental Fairness. History has shown that when judges do something like that higher courts are very reluctant to dismiss. when arguing that someone has gone against one of the key tenants of the US Legal system that tends to make the other judges let it continue. And one thing to remember as regards the request for more information: it is not all that reliable a way of seeing how things are going to go. Only one judge needs to request this for it to happen.