News: PFT: NFL will file for expedited appeal in Ezekiel Elliott case

[SultanOfSix]

Courts do not like to get involved in two-party contracts. Ever. It's too much of a Pandora's box.

Well, too bad for the NFL because they will in this case since it intertwines issues of personal conduct with legality. Even if the league has a broad scope in how it can rule with respect to personal conduct, it can't talk out of two sides of its mouth and say he's being suspended for domestic violence and yet ignore greater evidence from legal authorities and those who are more credible in assessing such data that say otherwise.

 

[pugilist]

The problem I see is the courts will side with Zeke and throw out the suspension as it stands now and order the NFL to redo the whole process, meaning they must allow all the evidence in their decision. Goodell will then just give the 6 games again. He has that right in the CBA

nah, if the 5th Circuit rules in Zeke's favor on the premise of fundamental unfairness, why would the panel of judges, or anyone with half a brain, remand back to the party (the NFL in this case) that acted unfairly in the first place?

this case is unprecedented (stated from multiple sports attorneys), unlike any other case (Brady, Bounty, AP). the NFL really screwed the pooch here. People also seem to gloss over the fact that Mazzant is also a FEDERAL judge, not just some lowly county justice of the peace. What he says and how he rules will carry a lot of weight in the 5th circuit with his fellow federal judges.

 

[erod]

Who said he has a drinking problem?

Urban Meyer sat down with Zeke and his dad in college to discuss it. The stories at Ohio State was that he was a morning, noon, and night partier, and Joey Bosa was his running buddy on that front. Bosa had to move to get his act together his senior year for the draft. That's the word from the Ohio State crowd.

That seems to be continuing here. I have a friend in the know that told me some ugly things about that night at the nightclub. And I'm not talking about who punched the DJ.

He needs to get his life in order.

 

[erod]

Well, too bad for the NFL because they will in this case since it intertwines issues of personal conduct with legality. Even if the league has a broad scope in how it can rule with respect to personal conduct, it can't talk out of two sides of its mouth and say he's being suspended for domestic violence and yet ignore greater evidence from legal authorities and those who are more credible in assessing such data that say otherwise.

What you say makes sense, and I agree, it's wrong. However, the CBA grants absolute power to Goodell. We'll see if the courts feel they can interfere with that.

 

[Blackspider214]

I have a friend in the know that told me some ugly things about that night at the nightclub. And I'm not talking about who punched the DJ.

He needs to get his life in order.

Everyone has "friends in the know" and "sources" these days. Most of it holds zero weight. Like the people on Twitter telling us Zeke punched out the dj.

 

[TheHerd]

What you say makes sense, and I agree, it's wrong. However, the CBA grants absolute power to Goodell. We'll see if the courts feel they can interfere with that.

Not absolute at all. In fact, in the CBA itself, it says "with credible evidence". And as it has been stated a gazillion times, the CBA does not supersede labor law nor other constitutional rights.

And in a case where a league has a permanent anti-trust exemption, the courts could very well find a time to get involved if that league oversteps, or if politicians see a chance to gain something by stepping in. You may be right that this isn't the time, but Goodell isn't God, even with article 46.

 

[JoeKing]

What you say makes sense, and I agree, it's wrong. However, the CBA grants absolute power to Goodell. We'll see if the courts feel they can interfere with that.

https://nfllabor.files.wordpress.com/2010/01/collective-bargaining-agreement-2011-2020.pdf

There is the CBA. Show me where it grants absolute power to Roger. Show me where it overrides labor laws on fundamental fairness in business practices. It will be an extremely long wait because that precedence does not not exist within those pages. I know because I've actually bothered to read it cover to cover rather than speaking out of my back side like you are doing.

Did you even bother to read the Honorable Amos Mazzant's ruling in Texas? He left the NFL a mountain of evidence to overcome his ruling that fundamental fairness was not granted to Ezekiel Elliott my the NFL. The 5th Circuit of Appeals is not going to look kindly on the NFL considering Judge Mazzant's findings. The most likely outcome is the suspension being vacated but that won't even happen until sometime next year.

 

[Nightman]

You'd rather wait and use a high draft pick to address a 6 game suspension.

That's, like, the worst idea of all.

It is a great idea when we have 10 draft picks and 2-3 open jobs

We need to get younger at RB and RB2 is not a depth position.....it is a job that gets 10-15 touches a game

 

[funkytown]

It is a great idea when we have 10 draft picks and 2-3 open jobs

We need to get younger at RB and RB2 is not a depth position.....it is a job that gets 10-15 touches a game

RB2 is not a depth position even more so now in Dallas. It could be more than those 10-15 touches. With this suspension and the potential for Zeke to get further suspensions if he doesn't change some things in his life.

Its great to have one of the few bell cow RBs who can carry the load, but Zeke is rare. That's why most teams utilize 2 or 3 backs to perform different functions. The Boys should be looking at RB2 as a necessity, starting now. We know they loved the tiny RB Pumphrey that the Eagles drafted right before we took Switzer. Looks like we all should have been looking at Tarik Cohen.

RB is kind of like QB in the sense that I'd draft one every year in the mid rounds and see what sticks.

 

[robbieruff]

What does this mean? Damn lawyer speak

The NFL is arguing that the judge gummed up the works because he ruled against an already made decision to suspend Zeke that should have been an iron clad ruling based on their (NFL and NFLPA) mutually agreed upon CBA which established the process for such rulings. And that the judge's decision to grant a hold on all that pending further hearings, thus allowing Zeke to play despite the "just suspension" creates all sorts of havoc that could do harm to the game, the league, etc. And the part about "irreparable harm" is essentially saying that the NFLPA's claim that this suspension "harms" Zeke is without merit becomes Zeke has the opportunity to earn that money back in the form of game checks...of course completely ignoring that that isn't the ONLY way star players make money!?! DUH!!!

Of course the journalist is like...what's the big deal and why is the league in a tizzy about all this? If the league FO is in the right, then Zeke will ultimately serve his punishment, his appeals will be thrown out and he will do his 6 games...whenever that may be. The fact that the league is tripping about the TIMEFRAME for WHEN he serves the suspension is irrelevant since Goddell's ruling didn't actually specify a timeframe TECHNICALLY...whenever he serves the suspension should be good enough for the league once this appeals process plays itself out...but the league is arguing that delaying the suspension is some major deal that would have league-wide repercussions. Basically the journalist is call BS on that argument.

That's my best effort at summarizing...

 

[PA Cowboy Fan]

Not absolute at all. In fact, in the CBA itself, it says "with credible evidence". And as it has been stated a gazillion times, the CBA does not supersede labor law nor other constitutional rights.

And in a case where a league has a permanent anti-trust exemption, the courts could very well find a time to get involved if that league oversteps, or if politicians see a chance to gain something by stepping in. You may be right that this isn't the time, but Goodell isn't God, even with article 46.

He thinks he is.

 

[Nightman]

RB2 is not a depth position even more so now in Dallas. It could be more than those 10-15 touches. With this suspension and the potential for Zeke to get further suspensions if he doesn't change some things in his life.

Its great to have one of the few bell cow RBs who can carry the load, but Zeke is rare. That's why most teams utilize 2 or 3 backs to perform different functions. The Boys should be looking at RB2 as a necessity, starting now. We know they loved the tiny RB Pumphrey that the Eagles drafted right before we took Switzer. Looks like we all should have been looking at Tarik Cohen.

RB is kind of like QB in the sense that I'd draft one every year in the mid rounds and see what sticks.

I agree 100%...... we should not have 2 dinosaurs in our backfield.......dropping DJax was a terrible move last year and not bringing a RB this year was another mistake...... Morris or DMC need to go

Guys like Alex Collins and Jeremy Langford have been available on waivers for nothing

 

[TheHerd]

It is a great idea when we have 10 draft picks and 2-3 open jobs

We need to get younger at RB and RB2 is not a depth position.....it is a job that gets 10-15 touches a game

10-15 touches???

Last year, Morris and DMC combined had 93 carries and 6 catches, or 6 touches a game. And that includes the 18 in game 17 with Zeke resting. That's depth.

 

[TheHerd]

He thinks he is.

Can't disagree there.

 

[Nightman]

10-15 touches???

Last year, Morris and DMC combined had 93 carries and 6 catches, or 6 touches a game. And that includes the 18 in game 17 with Zeke resting. That's depth.

I guy like Saquon Barkley I give 10-15 touches

 

[funkytown]

I agree 100%...... we should not have 2 dinosaurs in our backfield.......dropping DJax was a terrible move last year and not bringing a RB this year was another mistake...... Morris or DMC need to go

Guys like Alex Collins and Jeremy Langford have been available on waivers for nothing

Agreed. The dinosaurs need to go.

 

[Nova]

Interesting, do you have a link?

Here ya go!

My bad. It was actually 2 out of 18.

It's a ways down in the article, but it's a great read nonetheless.

 

[erod]

https://nfllabor.files.wordpress.com/2010/01/collective-bargaining-agreement-2011-2020.pdf

There is the CBA. Show me where it grants absolute power to Roger. Show me where it overrides labor laws on fundamental fairness in business practices. It will be an extremely long wait because that precedence does not not exist within those pages. I know because I've actually bothered to read it cover to cover rather than speaking out of my back side like you are doing.

Did you even bother to read the Honorable Amos Mazzant's ruling in Texas? He left the NFL a mountain of evidence to overcome his ruling that fundamental fairness was not granted to Ezekiel Elliott my the NFL. The 5th Circuit of Appeals is not going to look kindly on the NFL considering Judge Mazzant's findings. The most likely outcome is the suspension being vacated but that won't even happen until sometime next year.

I agree and have posted the same thing over and over here.

But the court system still doesn't like to circumvent negotiated contracts, and the NFLPA bent over on this. We'll see if the courts elect to go against the CBA, or do what they did in the Peterson and Brady cases, and rule in favor of the NFL.

I've heard numerous legal experts, and most of them overwhelmingly still believe Elliott will serve six games next season.

 

[Bleedblue1111]

Not absolute at all. In fact, in the CBA itself, it says "with credible evidence". And as it has been stated a gazillion times, the CBA does not supersede labor law nor other constitutional rights.

And in a case where a league has a permanent anti-trust exemption, the courts could very well find a time to get involved if that league oversteps, or if politicians see a chance to gain something by stepping in. You may be right that this isn't the time, but Goodell isn't God, even with article 46.

I'm sure Chris Christie is paying close attention to this case. I'm sure he's as irritated by this as any NFL fan. I don't imagine he's just going to sit idle, and watch the rights of one of the players, on his favorite team be trampled. I imagine there have already been many conversations, behind the scenes in the political realm, in regard to this case.

 

[Shake_Tiller]

I agree and have posted the same thing over and over here.

But the court system still doesn't like to circumvent negotiated contracts, and the NFLPA bent over on this. We'll see if the courts elect to go against the CBA, or do what they did in the Peterson and Brady cases, and rule in favor of the NFL.

I've heard numerous legal experts, and most of them overwhelmingly still believe Elliott will serve six games next season.

I am NOT a lawyer, though I was a fan of Perry Mason. Think this will be interesting and will be decided by the luck of the draw (the propensity of the judges making the decision). It's a case that reeks of unfairness and judges inclined to protect the individual will probably make pretzels of themselves finding a legal argument to support Mazzant. It surely seems like the best argument is that the NFL itself violated the CBA by allowing the process to become fundamentally unfair. That argument would allow them to both uphold the sanctity of the contract and find for Elliott. Judges less inclined to be concerned with whether the process was unfair to the individual probably would be less inclined to take that route.

But I could see judges being moved by the fact the NFLPA negotiates from a fundamentally weak position, owing to the brevity of its members' careers and to the virtual monopoly position held by the NFL. The scenario screams for judicial oversight.

I've made this argument. There is a red line somewhere with regard to the league's power. Obviously it doesn't have absolute power. The question is where the red line is drawn, and every judge will probably see it being in a different position than do their peers. Brady's alleged sin involved on-field competition. It made sense for judges to give the league a good deal of deference. Elliott's alleged sin has nothing to do with on-field competition, and it makes sense judges will be inclined to be less deferential to the league. People do have fundamental rights -- even those working under a collective bargaining agreement. And this seems especially true when they have very little choice in the matter, assuming they wish to play pro football.